Nicole Keeling
The House of Lords Constitution Committee has opened up an inquiry into the rule of law and has invited legal experts, academics, and members of the public to offer their views. The objective is to determine to what extent the fundamental principles of law are being applied across the UK and if institutions are offering adequate scrutiny of these fundamental principles.
The rule of law is normally regarded as one of the greatest supporting columns of democracy, but its interpretation and implementation have been the theme of great controversy. Recent government rulings and judicial decisions have fueled argument as to whether or not legal standards are being upheld or even sabotaged. In a situation where judicial independence, parliamentary authority, and civil liberties were at stake, the Committee’s inquiry aims to provide much-needed illumination on the matter.
Lord Strathclyde, Chair of the Committee, emphasised the urgency:
“Diverging views on the rule of law are leading to uncertainty. We need to reassess its role in today’s society, identify potential risks, and determine how it should be safeguarded.”
Core Issues for Consideration
The Committee will explore a range of questions, such as:
- How effectively does Parliament oversee government adherence to the rule of law?
- Are concerns about judicial activism justified, or is the judiciary fulfilling its role appropriately?
- How well does the public understand the rule of law, and what impact does this have on governance?
- Do government policies align with legal principles, particularly in areas such as immigration and human rights?
- Should the UK take a stronger global stance in promoting legal standards?
Experts in governance and law have already begun speaking out. Professor Mark Elliott at the University of Cambridge has cautioned that increasing political rhetoric erodes confidence in legal institutions. Retired Supreme Court Justice Lord Sumption has, in the meantime, cautioned that unchecked legislative power could be eroding the impartiality of the judiciary.
Against this background of contention, government action, such as the Public Order Act 2023, is perceived by some as constraining fundamental freedoms and dismantling legal protection. Others believe that Parliament must be able to legislate with the elbow room that it requires without undue judicial interference.
Facilitating Public Participation
The Committee is calling for submissions by 5pm on Tuesday 15 April, and is calling for contributions from all groups. The report will inform potential recommendations for improving the UK’s legal system.
“We invite perspectives from all backgrounds,” Lord Strathclyde remarked. “The rule of law is a vital issue that affects every citizen, and it is essential that we preserve its integrity.”
For details on how to submit evidence, visit the House of Lords Constitution Committee website.
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