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Landmark report finds that the rule of law has been “eroded”

Legal Charity Condemns UK Legal System for Threatening Rule of Law and Democracy

Influential Legal Charity Lambasts UK Legal System for Threatening Rule of Law

A prominent legal charity in the UK, JUSTICE, has released a scathing report criticizing the current state of the legal system in the country. The report, titled “The State We’re in: Addressing Threats & Challenges to the Rule of Law,” highlights various issues that the charity believes are eroding the rule of law and democracy in the nation.

Among the concerns raised in the report are poorly conducted public consultations, a perceived reduction in freedom of speech and thought, the use of controversial “Henry VIII powers” to amend and repeal laws, and cuts to legal aid. JUSTICE argues that these factors contribute to a system of lawmaking that is less transparent, less accountable, less inclusive, and less democratic.

The report also points to a trend of lawmakers failing to properly scrutinize legislation, particularly exacerbated by events such as Brexit and the COVID-19 pandemic, during which executive powers have bypassed parliamentary scrutiny. Additionally, the expansion of state powers through recent legislation, such as the Judicial Review and Courts Act 2022 and Nationality and Borders Act 2022, is highlighted as a cause for concern.

Fiona Rutherford, Chief Executive of JUSTICE, expressed alarm at the state of the rule of law in the UK, stating that the country has reached a “tipping point” where the rule of law is being incrementally undermined. She emphasized the need for bold action to address these issues before the UK’s standing both domestically and internationally is irreparably damaged.

The report makes several recommendations to halt the slide, including repealing problematic legislation passed since 2019, reducing reliance on “Henry VIII” powers, and strengthening public ownership of human rights. JUSTICE’s President, Baroness Helena Kennedy of the Shaws KC, called for policymakers to consider the report and take action to uphold the rule of law and democracy in the UK.

The Law Society of England and Wales also expressed support for the report, echoing concerns over the erosion of fundamental principles of the rule of law and the challenges faced by the legal profession. The society called for reforms and long-term funding to stabilize the criminal justice system and ensure access to justice for all.

Overall, the report serves as a stark warning about the state of the UK legal system and the urgent need for reform to protect the rule of law and democratic principles in the country.

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