Hungarian Conservative

Commenting on the European Court of Justice’s recent ruling against Hungary, Professor Allan opined that the Court’s ‘interpretive approach to reading the underlying legal materials is living constitutionalism on steroids.’ He added: ‘If it were an American court or a Canadian court doing it, I’d say they’re making it up at the point of application, they’re just making the law up. When that starts happening it’s very difficult to know how to deal with it.’

Law professor James Allan claims that although written constitutions are very popular around the world, they may not deliver what they promise to citizens.

All throughout the West we see unelected bureaucracies chipping away at the decision-making power of majoritarian politics, turning democracy into a system of generating morally good outcomes, even though morality itself is hardly objective.