header-logo header-logo

22 November 2024
Issue: 8095 / Categories: Legal News , Profession , Rule of law
printer mail-detail

NLJ this week: Lawyers, Nazis & the incremental fall of democracy

197691
Should an immoral regime rise to power, it is tempting to think lawyers and the rule of law would act as a protective wall. But is this true? Sadly, history suggests not, as John Gould, chair of Russell-Cooke, writes in this week’s NLJ.

He uses the example of Nazi Germany in the 1930s to illustrate the incremental steps by which a nation with a constitution, independent judiciary and developed legal profession was transformed. Article 48 of Germany’s Weimar Constitution which referred to emergency powers, was a key instrument in this tragic process.

Gould, author of The Law of Legal Services, Second Edition (2019, LexisNexis), writes: ‘Dictatorship is not necessarily the product of violence or revolution; sometimes it grows out of democratic constitutions in states which espouse the rule of law and have embedded within them independent lawyers and judges. Although the decline into autocracy may be incremental, that does not mean it is inevitably slow. A handful of years can be enough for even the most civilised of societies to be subverted.’ 
Issue: 8095 / Categories: Legal News , Profession , Rule of law
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll