Natural Law Theories and Constitutionalism

1. The theory of natural law defends that the ethical foundations of law are prior to, and independent of, the will of men, and that there are certain universal and rational principles of justice which every law must respect and promote in order to be legitimate. This theory denies neither the necessity of positive law nor the duty to obey it. On the contrary, it justifies both, since it is a foundational and a critical theory. As a foundational theory, it sets the grounds for the need for positive law and the duty to obey it on principles of practical reason. As...