Lord Bingham - The Rule of Law

Summary

In this insightful discussion, the speaker delves into the concept of the rule of law, emphasizing its significance as a constitutional principle. They outline eight key principles, including clear and accessible laws, equality before the law, and fair trials. The speaker passionately argues for the importance of human rights and international law, asserting their necessity for good governance and global peace. The debate touches on contentious issues like the Human Rights Act and the implications of international law on national sovereignty, providing a nuanced perspective on these complex topics.

Takeaways

• 📜 The rule of law is a fundamental constitutional principle that governs the UK, yet it is often vaguely defined and difficult to pin down.
• 🌍 The rule of law is recognized internationally and is included in dignified instruments such as the Universal Declaration of Human Rights.
• 📖 The Constitutional Reform Act of 2005 acknowledges the rule of law as an existing constitutional principle, but does not define it within the Act itself.
• 🤔 The speaker suggests that the rule of law encompasses eight principles, including clear and accessible laws, equality before the law, and fair trials.
• 📚 The law should be clear, accessible, and intelligible to all, which is often complicated by the vast amount of legislation and amendments.
• 🏛️ The principle of being governed by law rather than discretion is crucial to prevent arbitrary decisions by autocratic figures.
• 👥 Equality before the law is a key aspect, although historical and current inequalities persist, such as the treatment of non-nationals.
• 💼 The exercise of public power should be reasonable, fair, and for the purpose for which they are conferred, not a blank check.
• ⚖️ Dispute resolution should be through established legal avenues rather than private vengeance, although litigation can be expensive and slow.
• 🌎 Human rights and international law are integral to the rule of law, despite some critics arguing they impinge on parliamentary sovereignty.
• 🏦 The state should comply with its duties under international law, which is a critical aspect of global peace, order, and cooperation.

Q & A

What is the rule of law?

The rule of law is a principle that all individuals and organizations within the state, whether public or private, are bound by and entitled to the benefit of laws that are publicly administered in the courts.

Why is it difficult to find a definition for the rule of law?

It is difficult to find a definition for the rule of law because it is a complex and multifaceted concept that encompasses various principles, making it challenging to define succinctly.

What does the Constitutional Reform Act of 2005 say about the rule of law?

The Constitutional Reform Act of 2005 states that nothing in the act shall detract from the existing constitutional principle of the rule of law, recognizing it as a fundamental principle of the UK's constitution.

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

The eight principles suggested by the speaker are: 1) laws should be clear, accessible, and intelligible; 2) governed by law, not discretion; 3) equality before the law; 4) exercise of public powers should be reasonable, fair, and for the purpose conferred; 5) fairness in the criminal process; 6) availability of justice; 7) human rights; and 8) compliance with international law.

Why is the clarity of laws important?

The clarity of laws is important because if people are bound by laws, they need to be able to understand and access them without undue difficulty.

How does the speaker view the problem of legislation becoming increasingly complex?

The speaker views the increasing complexity of legislation as a problem because it makes it difficult for people to know what the law is, especially with constant amendments and the prolixity of judges.

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

The speaker means that people should not be subject to the arbitrary whims of autocrats, whether ministers, officials, or judges, but should be governed by established laws.

Why is equality before the law considered important?

Equality before the law is important to ensure that all individuals are treated the same under the law, regardless of their status or background.

What is the significance of the Human Rights Act in the UK?

The Human Rights Act is significant because it requires public authorities in the UK to act in a manner consistent with the rights set out in the European Convention on Human Rights, making it easier for individuals to assert their rights domestically rather than having to go to Strasbourg.

How does the speaker feel about torture and its relation to the rule of law?

The speaker is strongly opposed to torture in any form and believes that the exercise of public authority should not result in someone being tortured, as it is completely unacceptable and repulsive.

What is the role of international law according to the speaker?

According to the speaker, international law is crucial for governing the conduct of nations and maintaining peace and order in the world.