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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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