He argues in his book Our Republican Constitution that the British system of governance, in which Parliament controls government ministers, provides a better check on executive power than a system like that of the United States, where courts and laws are used to check executive power.
[2] Martin Loughlin argues that the aim of legal liberalism is to "confine politics to the straight-jacket of law".
[2] Tomkins prefers a parliamentary system like Britain's as being "more suitable and more effective" at restraining governments, and sees flaws in the American system of having courts check executive power.
[2] Opponents of liberal legalism often cite examples of executives ignoring or overcoming legal restrictions for political gain, such as presidents George W. Bush and Barack Obama disregarding the War Powers Resolution.
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