Recent changes to the Ministerial Code, which could undermine the UK’s commitment to the rule of law, may be subject to judicial review, as Daniel Carey explains. Interview by Jenny Rayner
- Under the UK’s dualist system international law is not directly enforceable unless incorporated into domestic law.
- The Ministerial Code is important to the rule of law because without legal enforcement we are left dependent on ministerial and parliamentary accountability.
- Without the obligation to comply with “international law” ministers have a freer hand to row back on inconvenient international treaty commitments.
What are the legal changes to the Ministerial Code and what are the legal implications to the UK?
It’s important to be clear that the Ministerial Code is not a legally enforceable document. Breach is not unlawful per-se. However, it is an important document politically—it is the “instruction manual for ministers” that has been in use since World War II. Breach leads to standards complaints and accountability to parliament. But just because it
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