Lord Bingham and Shami Chakrabarti - The Rule of Law

Summary

The speaker discusses the concept of the rule of law, emphasizing its historical significance and contemporary relevance. They outline eight key principles, such as clarity of laws, equality before the law, and the importance of fair trials. The discussion also touches on the challenges posed by extensive legislation, discretionary powers, and human rights. The speaker critiques the complexity of legal systems and highlights the importance of upholding both national and international law. They advocate for the rule of law as a foundation for good governance and global cooperation.

Takeaways

• 📜 The rule of law is a long-standing principle mentioned by politicians, judges, and international declarations but often undefined.
• 📘 The 2005 Constitutional Reform Act recognizes the rule of law as a constitutional principle without providing a precise definition.
• 📜 The rule of law means that everyone, public or private, must follow laws that are publicly administered and clearly defined.
• 🔍 The law should be clear, accessible, and intelligible, but often it becomes complex with numerous amendments and lengthy rulings.
• ⚖️ Equality before the law is essential, although historically marginalized groups like women, slaves, and religious minorities have been treated unequally.
• 👨‍⚖️ Public authorities must exercise their powers reasonably, fairly, and for the purposes intended, without arbitrary discretion.
• 💼 Disputes should be resolved by the courts, but the expense and delay in litigation make it inaccessible to most people.
• 🌍 Human rights are an essential part of the rule of law, and revoking the Human Rights Act would not remove the UK's obligations under international law.
• 🛑 Torture is unequivocally condemned, and the UK has a proud history of opposing torture, dating back to medieval times.
• 🌐 International law is law created by nations and is essential for governing relationships between countries, including issues like the use of force.

Q & A

What is the rule of law as discussed in the speech?

The rule of law refers to the principle that all individuals and organizations within the state, whether public or private, are bound by and entitled to the benefits of laws that are clearly established, publicly administered, and applied in courts.

Why does the speaker suggest that there is no clear definition of the rule of law?

The speaker argues that there is no precise definition because it is difficult to encapsulate such a broad and complex principle in a single definition. Despite being invoked by politicians, judges, and legal instruments, the rule of law is often left undefined, creating ambiguity.

What are the eight principles suggested by the speaker to define the rule of law?

The eight principles suggested by the speaker are: 1) Law should be clear, accessible, and intelligible; 2) We should be governed by law, not discretion; 3) Equality before the law; 4) Public powers should be exercised reasonably, fairly, honestly, and for their intended purpose; 5) Dispute resolution should be possible through established courts; 6) Human rights should be protected; 7) The state should provide fair trials; and 8) The state should comply with its international legal obligations.

Why does the speaker criticize the complexity of laws in modern governments?

The speaker criticizes the complexity of laws due to the volume of legislation, ministerial orders, and frequent amendments, which make it difficult for individuals to know what the law actually is. This complexity can lead to confusion and mistakes in legal proceedings.

What does the speaker say about equality before the law?

The speaker acknowledges that while equality before the law is a fundamental principle, historically, groups like slaves, women, and religious minorities were not treated equally. The principle of equality before the law still faces challenges today, particularly regarding the treatment of non-nationals.

What does the speaker mean by 'governed by law, not discretion'?

The speaker means that individuals should be governed by established laws rather than the arbitrary decisions or whims of those in power. This principle emphasizes the importance of the rule of law over personal or political discretion.

Why does the speaker believe human rights are an essential part of the rule of law?

The speaker believes that human rights are essential because they protect fundamental freedoms, such as the right to life, the prohibition of torture, and the right to a fair trial. These rights are seen as integral to the rule of law, and no one should be denied these protections.

How does the speaker address the issue of fairness in trials?

The speaker emphasizes that both criminal and civil trials should be fair. Fairness includes the right of the defendant to know the case against them and to have a full opportunity to contest it. The speaker also discusses the problem of national security cases, where evidence may be withheld from the defendant.

What is the speaker's stance on international law?

The speaker strongly supports international law, arguing that it is crucial for peace, order, and cooperation among nations. International law governs important areas such as the use of force, and the speaker emphasizes that nations are bound by the laws they have created, including international treaties and conventions.

What example does the speaker give to illustrate the importance of not governing by discretion?

The speaker gives the example of the execution of John the Baptist by Herod. Herod did not execute John because of any wrongdoing but because of a promise he made to his daughter. This arbitrary decision is cited as an example of the dangers of governing by discretion rather than law.