header-logo header-logo

Why international law should trump nationalism

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Twenty Essex—Professor Payam Akhavan

Twenty Essex—Professor Payam Akhavan

Chambers deepens international law bench with leading global advocate

Asserson—Adele Merifield, Sangiwe Mbele & Moishe Noe

Asserson—Adele Merifield, Sangiwe Mbele & Moishe Noe

Trio of hires in real estate and dispute resolution teams in Manchester

Lake Legal—Hollie Burnett

Lake Legal—Hollie Burnett

Family law firm appoints partner in Leeds

NEWS
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Lawyers can no longer afford to ignore the metaverse, says Jacqueline Watts of Allin1 Advisory in this week's NLJ. Far from being a passing tech fad, virtual platforms like Roblox host thriving economies and social interactions, raising real legal issues
back-to-top-scroll