The Law and the Constitution: Manifesto of the Progressive Party

This paper analyses the argument of Jennings' path-breaking work, The Law and the Constitution , and assesses its importance. The argument of the paper is that a basic tension runs through the evolving work: between celebrating the democratic nature of the contemporary constitution whilst expressing certain concerns about democracy's potential implications. This is a tension that Jennings was never able satisfactorily to resolve. The Law and the Constitution nevertheless remains a landmark text, especially in reminding lawyers of the need to look to the social and economic explanations for constitutional change. Although the constitution Jennings was writing about has altered, his public law method of examining the purpose for which public power is acquired before reflecting on desirable constraints remains of value today.