27 Sep

This Blog has been honoured by a comment from Prof Gavin Phillipson – see the comments on the previous post. Our gratitude should be duly recorded, and readers are invited to read both the original items again and also the Prof’s reply to Prof Oliver’s remarks and reflect for themselves.

In the wise words of the Bard, “‘Tis dangerous when the baser nature comes Between the pass and fell incensèd points Of mighty opposites,” so we leave the details to the Profs. Perhaps there is a bigger-picture difference of approach (of attitude, even ?), in terms of the where or how the balance is to be struck between “the astonishing power of the actual” (which is, actually, actual) and “democratic legitimacy” as an important abstract value. If Prof P accepts that the House of Lords works reasonably well as it is (he will please feel free to correct that impression if he wishes), then the question is perhaps what level of risk is acceptable in a plan to cure its admitted defects? The more one inclines to safety and the actual, the lower risk level is acceptable. The more important (perhaps especially if we mean ‘important in absolute terms’) the abstract value of ‘democratic legitimacy’ the higher the risk level that will seem acceptable. Perhaps that explains the impression of ‘conservatism’ and ‘parochialism.’

(Tweaked to clarify meaning)


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

Beyond the classroom

Your one-stop blog for your 3 favourite modules

Legal Theory Blog

Your one-stop blog for your 3 favourite modules

UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Consti, Land & Equity

Your one-stop blog for your 3 favourite modules

The WordPress.com Blog

The latest news on WordPress.com and the WordPress community.

%d bloggers like this: