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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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