Waters three part series on Natural Law documents the entrenchment in the Irish Constitution of so-called "Fundamental Rights" only to see them systematically ignored, reinterpreted and in some cases outright abolished. How did that happe…
Waters three part series on Natural Law documents the entrenchment in the Irish Constitution of so-called "Fundamental Rights" only to see them systematically ignored, reinterpreted and in some cases outright abolished. How did that happen? Waters doesn't answer the question. The problem may be three fold: "fundamental rights" as defined in the Enlightenment are not really natural law rights, but gross overgeneralizations rife for abuse (2) when inalienable rights are put in a written constitution, whatever their source, a modernist legal system treats them as "human law" subject to amendment and abolition, like any other human law and (3) pluralism seems inconsistent with a natural law legal system, favouring power systems like positive law, namely, that the law is what the state says it is.
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