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12 September 2023
Issue: 8040 / Categories: Legal News , Rule of law , Human rights
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Rule of law has been ‘undermined’

JUSTICE report identifies slate of government attacks on the rule of law

The rule of law has ‘regressed significantly on multiple fronts’ in the UK, according to a devastating report by law and rights charity JUSTICE.

‘There are multiple reasons why we have reached the parlous state we are in,’ Fiona Rutherford, chief executive of JUSTICE, said.

‘Each one viewed in isolation does not amount to the wholesale negation of the rule of law—but taken together they create a picture suggesting that the rule of law is being incrementally undermined. We believe we have reached a tipping point and are determined to highlight a route back.’

JUSTICE’s 105-page report, ‘The state we’re in: addressing threats & challenges to the rule of law’, published this week, called on the government to stop using ‘inflammatory language’ such as referring to ‘unelected judiciary’.

The report found the process of lawmaking has become less transparent, less accountable, less inclusive and less democratic in the past decade, particularly in the past five years.

Public consultations, for example, were often poorly conducted, if at all. The report gives the examples of the Illegal Migration Act 2023, for which there was no public consultation or pre-legislative scrutiny, and the Bill of Rights Bill consultation, which was sidelined despite 90% of the 12,000 responses received opposing the reforms.

The report found a growing legislative disregard for human rights, for example, it noted the chilling effect of the Public Order Act 2023 on our rights to freedom of thought, expression and peaceful assembly. The government was increasingly using ‘Henry VIII’ powers to allow ministers to avoid or minimise legislative scrutiny by changing laws via statutory instrument. Meanwhile, individuals seeking to enforce or defend their rights were hampered by legal aid cuts and lengthy case backlogs.

JUSTICE called on the government to make ‘skeleton legislation’ an exception not a convenience, reduce its use of ‘Henry VIII’ powers, and make equality impact assessments a mandatory part of the legislative process.

It recommended wholesale repeal of several pieces of legislation passed since 2019, including Covert Human Intelligence Sources (Criminal Conduct) Act 2021, the Public Order Act 2023 and the Illegal Migration Act 2023.
Issue: 8040 / Categories: Legal News , Rule of law , Human rights
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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