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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 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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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