Constitutionalism and Conceptions of Human Depravity: A Return to Reformed Natural Law Foundations

Constance Lee's thesis will examine natural law theory from a Reformed perspective with a view to identifying the moral foundations for constitutional law thought. It will begin by highlighting constitutionalism’s need for normative foundations. A detailed review of the new natural law approach to ethics will be undertaken with a view to examining the role it assigns to humans in moral and legal decision-making. This review will reveal that human rationality is allocated a significant role in the determination of moral validity. The reliance on human rationality fails to acknowledge the fallibility of humans. Subsequent chapters will explore the differing conceptions of human fallibility postulated by Thomist and Reformed approaches to natural law. The thesis will then go on to explore and apply the conception of human depravity, particularly as expounded by Augustine, to see what normative foundations it provides for the constitutional ideal of limiting government powers.

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