New Books in British Studies Jonathan Sumption, "The Challenges of Democracy: And the Rule of Law" (Profile Books, 2026)
Dec 26, 2025
Jonathan Sumption, a former UK Supreme Court Justice and historian, discusses the fragility of democracy worldwide and the factors eroding public trust. He emphasizes the vulnerability of democratic systems, especially linking Brexit to the collapse of political support. Sumption critiques the judicial landscape in Hong Kong and reflects on the troubling decline of democratic freedoms there. Additionally, he explores the risks posed by demagogues and the impact of climate change on political stability, championing the importance of free speech and parliamentary sovereignty.
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Resignation Over Judicial Subordination
- Sumption resigned from Hong Kong's Court of Final Appeal in 2024, citing the judiciary's subordination to China.
- He had delayed resigning in hope judges would uphold rights, but felt they failed to do so.
Limits Of Judicial Lawmaking
- Sumption accepts judge‑made law in common law realms but rejects judicial usurpation of large political questions.
- He believes contentious moral issues belong to the electorate, not judges.
Thin vs Thick Rule Of Law
- He distinguishes a thin procedural rule‑of‑law from a thick substantive one and places himself between them.
- Sumption holds some rights are essential to the rule of law while others are desirable but not definitive.