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17 February 2023 / David Greene
Issue: 8013 / Categories: Opinion , Rule of law , Human rights
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Rule of law in recession?

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How is the rule of law faring under the current Lord Chancellor? David Greene warns against the creeping threats to our rights

The rule of law—that political philosophy that protects accountability, just law, open government, and accessible and impartial justice—appears, like democracy, to be in recession. This recession can be swift or slowly accrue. It has been swift in both Poland and Hungary. The Freedom House index of basic freedoms in countries traces the decline. In Poland, the government has sought to curtail the independence of the judiciary. In Hungary, Viktor Orbán’s self-declared ‘illiberal democracy’ has similarly sought to control the judiciary, with the head of the judicial council, Csaba Vasvári, complaining recently of excessive political control and challenges to the rule of law.

Does the rule of law, however, face such challenge in the UK? Is the government’s current legislative programme, in part guided by the Lord Chancellor and deputy prime minister, Dominic Raab (who at the time of writing continues to hold that position), the continuation of a

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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Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes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
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