Rule of law has been ‘undermined’

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.