Abstract

The political constitution, and indeed politics generally, are in need of both defending and praising. A principal objective of Martin Loughlin’s ongoing research project exploring the relationship of law to politics is to demonstrate why this is so. In Sword and Scales, Professor Loughlin has provided us with a preliminary, but nonetheless essential, statement on this theme. The structure of Loughlin’s argument in Sword and Scales will be considered in section two of this essay. Sections three and four will then be concerned, respectively, with the issue of whether there is one relationship or many relationships between law and politics, and with the questions of how and why politics should best be defended and praised. Before we come to these considerations, however, we need first to discuss how views about law and politics have recently developed in public law thinking, and especially in theorizing about administrative law, and to assess how such theorizing has evolved into what Loughlin refers to as the ‘liberal legalist’ attack on politics.