Attorney general defends government's record on the rule of law

The attorney general Jeremy Wright QC has used the Global Law Summit (GLS) as a platform to defend the government's record on the rule of law, judicial review and human rights.

Giving his keynote address on the rule of law at the GLS, Wright said: "There is a conception I have sometimes heard voiced, that the rule of law is a straightjacket against which all governments - and this government in particular - have chafed. Certainly it is no part of the rule of law to make the lives of governments easy.

"Law is a fetter on unconstrained government action. That is as it should be; government constrained by law is one of the great guiding principles of humanity. But where you could portray that as a straightjacket, I see strict adherence to the rule of law as a badge of honour. It is not just something we reluctantly accept; it is something we champion at home and abroad."

Wright pointed to the "successes" the coalition government has achieved in the last five years, including the fastest growing economy in the G7, a "thousand new jobs for every day", as well as major reforms to immigration, welfare and education service "all while reducing the deficit".

The attorney general added that government policy was in line with the UK's national and international obligations. "The government has affected change through law not despite it," he said.

Earlier today, Lord Pannick criticised the government's reforms to judicial review from within the confines of the GLS.

Switching to the thorny issue of judicial review, Wright commented: "There are ways in which we have rightly looked to update the rules governing judicial review. It is an inescapable fact that modern governments are subject to challenge in the courts more than ever in our history.

"I do not see reforms which are aimed at tackling unmeritorious challenges as undermining the rule of law. Allowing courts to focus instead on meritorious challenges seems to me entirely in accord with that principle."

Turning to human rights, Wright acknowledged that the modern world has its own horrors to face by referencing the tyranny of absolute monarchy in England during the 17th century.

"At home, the debate rages on the balance between liberty and security in the fight against terrorism, as we grapple with how to respond to the threat of unjustifiable and unprovoked attacks such as we have seen in Sydney, Paris and Brussels," said Wright.

He continued: "We see these huge challenges boiled down to small but hugely significant decisions - even whether to stock a magazine, or not. Around the world, there remain too many examples of practices we would all hope could have been put behind us. I am proud of this government's record on human rights."

Wright said the UK was proud to be a country of human rights but that there was a long way to go before the European Court recognised that parliament was best placed to decide what was best for its citizens.

"But let me emphasise: these arguments are based on the rule of law, not in conflict with it. They acknowledge and build on the UK's proud human rights tradition; they do not trample on it," he concluded.

Read the Attorney General's full speech here.

John van der Luit-Drummond is legal reporter for Solicitors Journal

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