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

Bellevue Law—Sara Mason

Bellevue Law—Sara Mason

Bellevue Law expands workplace law offering with specialist healthcare regulatory appointment

Seddons GSC—Peter Ames

Seddons GSC—Peter Ames

Seddons GSC strengthens Dispute Resolution team with partner hire

Taylor Rose—four promotions

Taylor Rose—four promotions

Taylor Rose announces partner promotions

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Sanctions can derail commercial disputes long before judgment, making early planning essential
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
back-to-top-scroll