Upholding the rule of law

In a recent address delivered on the 14th October 2024, Attorney General Lord Hermer KC highlighted critical themes regarding the restoration and resilience of the rule of law in the UK, particularly in the face of rising populism. He emphasised the essential roles of Parliament, the Government, and civil society in safeguarding the rule of law, fostering public trust, and promoting human rights. This report summarizes the key themes and insights shared during the address.

Theme 1: Defending and Strengthening Parliament’s Role in Upholding the Rule of Law

Lord Hermer stressed the importance of recognising that upholding the rule of law is not solely the responsibility of the judiciary; rather, it requires commitment from all branches of government. The fundamental feature of the UK constitution, parliamentary sovereignty, must be understood beyond mere legal authority.

The Attorney General, referencing Lord Bingham, highlighted that the rule of law involves a substantive understanding that transcends the "thin" conception of “rule by law.” He pointed out that recent governmental actions threatening the rule of law—such as inviting Parliament to breach international law—risk damaging the mutual respect among institutions that has historically defined the UK’s constitutional framework.

A vital aspect of this discussion is the relationship between parliamentary democracy and fundamental rights, particularly concerning the Human Rights Act. The Act has successfully provided a legal framework that protects individual rights while preserving parliamentary sovereignty. Lord Hermer stressed that no Parliament elected since the Act's inception has sought to alter its fundamental tenets.

Parliament actively protects the rule of law through rigorous scrutiny of legislation, supported by the expertise of committees like the Lords Constitution Committee and the Joint Committee on Human Rights. However, the Attorney General called for a reevaluation of the balance between primary and secondary legislation, particularly regarding the increasing reliance on delegated powers. This concern has been notably highlighted during Brexit and the COVID-19 pandemic. Excessive reliance on such powers undermines parliamentary authority and the rule of law itself.

Theme 2: Promoting a Rule of Law Culture

The second theme focused on fostering a culture of respect for the rule of law that builds public trust in legal institutions. Lord Hermer noted the current challenge of overcoming public perception, where the law is often seen as disconnected from daily life and, at times, illegitimate. To counter this, the Government must lead by example.

The Attorney General expressed confidence in the Prime Minister’s commitment to the rule of law and highlighted the vital role of the Lord Chancellor in defending judicial independence. The Government plans to implement practical measures to demonstrate its commitment to the rule of law, including revised guidance for assessing legal risk across all governmental activities.

However, Lord Hermer cautioned that rebuilding a consensus around rule of law values cannot rest solely with politicians. It requires a collective effort from all sectors of society—judges, lawyers, civil society, and citizens alike.

Populist rhetoric often simplifies complex legal principles, and the Attorney General emphasised the importance of communicating the fundamental role of the rule of law in providing a stable, predictable environment that fosters economic growth and protects individual rights.

Theme 3: Education and Public Engagement

The Attorney General identified education as crucial in promoting an understanding of the rule of law. Efforts by civil society organisations, such as Young Citizens and the Citizenship Foundation, are commendable, and there is potential for strengthening citizenship education in schools. The aim is to ensure that citizens recognise and understand the importance of the rule of law in their lives.

Furthermore, Lord Hermer stressed the need to communicate the significance of human rights in relatable terms. The public should understand that rights, such as the right to equality and freedom of expression, are integral to societal values. The speech called for a reclaiming of the narrative surrounding the European Convention on Human Rights, emphasising its roots in British legal tradition and its historical significance in safeguarding freedoms.

In conclusion, Attorney General Lord Hermer KC articulated a clear vision for restoring and reinforcing the rule of law in the UK, emphasising collaboration among governmental institutions and civil society. He called for a renewed commitment to uphold the rule of law values, ensuring that they remain resilient against the challenges posed by populism. This commitment is essential for maintaining public trust and advancing the long-term goal of a society governed by the rule of law, fostering good governance and peace both domestically and globally.