Jonathan Sumption explores the relationship between politics and the law, discussing the expanding influence of the law on public life. He examines methods of limiting power in democracies, the challenges of Brexit, the decline in public engagement with active politics, and the possibility of a second referendum.
Legitimacy relies on historical attachments, culture, and a collective identity, and it is vital in both democracies and totalitarian states.
Representative politics enables compromise and accommodation of diverse opinions, playing a crucial role in navigating contentious issues and reflecting deep societal divisions.
Deep dives
The Power of Majorities in Democracies
Former Supreme Court Justice Jonathan Sumption explores how the law and politics attempt to restrain the power of majorities in democracies. It raises the question of controlling the potentially oppressive power of democratic majorities without undermining democracy itself.
The Concept of Legitimacy in Democracy
Legitimacy is a vital but elusive concept in human affairs. It is a collective instinct that we owe it to each other to accept the authority of our institutions, even when we don't like their actions. Legitimacy relies on common historical attachments, language, place, culture, and a sense that we are in it together, forming a collective identity. The collapse of Eastern European Communist governments highlighted the importance of legitimacy in even totalitarian states.
The Role of Representative Politics
Representative politics plays a crucial role in democracy. It enables compromise and accommodation of diverse opinions and interests. Political parties act as platforms to mediate between the state and the electorate, ensuring broad appeal and creating policies that minority factions can accept. Representative politics is essential in navigating contentious issues like Brexit, which reflect deep divisions in society.
The Expanding Role of Law and Its Implications
While law is crucial for preventing governments from exceeding their legal powers and ensuring the protection of individual rights, there is a risk of it overreaching its jurisdiction. The expansion of the courts' role in decision-making processes can encroach on the functions of the legislative and executive branches. Judicial activism may circumvent parliamentary legislation and challenge policy decisions, creating a need to reassess the limits of law in controlling majorities and weighing the potential consequences of judicial power.
Jonathan Sumption explains how democratic processes have the power to accommodate opposition opinions and interests. But he argues that in recent years that politics has shied away from legislating and now the courts have taken on more and more of the role of making law. Lord Sumption was until recently a justice of the UK’s Supreme Court and is a distinguished historian. This lecture is recorded in front of an audience at Birmingham University.
The Reith Lectures are presented and chaired by Anita Anand and produced by Jim Frank.
Editor: Hugh Levinson
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