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Rule of law in recession?

17 February 2023 / David Greene
Issue: 8013 / Categories: Opinion , Rule of law , Human rights
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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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NEWS
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
Professor Dominic Regan of City Law School and the Frenkel Topping Group—AKA The insider—crowns Mazur v Charles Russell Speechlys LLP as his case of 2025 in his latest column for NLJ. The High Court’s decision—that non-authorised employees cannot conduct litigation, even under supervision—has sent shockwaves through the profession. Regan calls it the year’s defining moment for civil practitioners and reproduces a ‘cut-out-and-keep’ summary of key rulings from Mr Justice Sheldon
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