The rule of law is a significant protagonist in the arbitration of the United Kingdom that keeps all people and all organizations guarded against the law. It is fundamental in democracy and upon which justice and order are maintained in the society. This paper is going to discuss the connection between the UK parliament and the rule of law, its principles, current issues, and the promises of the government to maintain this essential notion.
Principles of the Rule of Law
Definition and Core Concepts
The rule of law has not been given an explicit statutory definition, but its meaning is well established with different interpretations. One of the outstanding interpretations by Professor A.V. Dicey in 1885 presents in it three important ideas namely that no man is allowed to be punished or interrupted by any authorities lawfully except violations of the laws made ordinarily before a court of law; no man is beyond the law and any one, no matter what his situation, is subject to the ordinary laws of the land; the ordinary law of the land will bring about a constitution under which the state is governed.
In a modern-day version, Lord Bingham of Cornhill has stated the main tenets of the rule of law and is of the belief that every individual and every authority in the state must be subject to and entitled to the protection of laws as publicly disclosed and interpreted in the courts.
Key Principles
Lord Bingham (2010), building upon these points, has come up with eight fundamental principles of the rule of law. These are the law must be accessible, intelligible, clear, and predictable, legal rights and liabilities should be determined using the law and not the discretion of judges, the laws need to apply to all similarly, except where objective differences justify differentiation, reasons of administrative discretion must be exercised in good faith and within the bounds of authority given, the law must protect fundamental human rights reasonably, costly and unduly lengthy processes must be avoided in resolving civil litigation claims and claims, adjudicative procedures have to be fair and there must exist means of resolving civil disputes that do not involve prohibit
These values are critical to ensuring the rule of law prevails in the UK Parliament and the rest of the country.
The New Perspectives on the Rule of Law in the UK
This is based on the concerns raised by the House of Lords.
The Constitution Committee of the House of Lords has spoken in recent years of the decay of the rule of law in the UK. A probe initiated in February 2022 underlined concerns in regard to the government’s adhering to the rule of law in regard to the United Kingdom Internal Market Act 2020 and the Northern Ireland Protocol Bill. The committee highly noted that the rule of law plays a critical role in democracy health and the government must conform to the principles of the rule of law in its operations. Under its January 2023 report, the committee said the Lord Chancellor and the law officers should have the character and authority to support the rule of law. It also put pressure on the need for people to believe in the government to adhere to these principles.
Sector Organizations’ Perspectives
Threats to the rule of law have also elicited alarm among the legal reform and human rights movements, like Justice. They report that the way the consultations with the population are organized is highly defective, and the violation of human rights has become a trend in legislation. They opine that new laws such as the Public Order Act 2023 will create a chilling effect on the liberties of expression, opinion, and assembly. Moreover, the prevalence of ‘Henry VIII’ powers, which allow ministers to amend laws with minimal parliamentary oversight, has been criticized for undermining legal certainty. Additionally, the legal aid has also been diminished, and this has curtailed access to justice, further disallowing the majority of the citizens to implement their rights.
Government Commitments to Uphold the Rule of Law
Labour Government’s Stance
The Labour Party has ensured that it will be one of the controllers of international rule of law, and this has also assured them of increased trust in the criminal justice system. In their manifesto, they have outlined the intentions to reform the justice system, better assist victims of crime, and cut delays in the courts. The Prime Minister Keir Starmer has reiterated the power of the rule of law and how it has ensured that there is order and justice in society.
Conservative Party’s Approach
The newly elected leader of the Conservative Party, Kemi Badenoch, has recognised the value of the rule of law and has also pushed on proposals to help cut overregulation. She stressed that the rule of law was meant to establish a fair code that would treat people as equals who could attain justice. This view brings out the aspect that there should be harmony in upholding the rule of law and that we do not have to allow it to interfere with good governance.
Attorney General’s Commitment
The Attorney General, Lord Hermer, has articulated the government’s commitment to the rule of law, stating that it is essential for public confidence in the justice system. He has stressed the importance of the government respecting international law with issues concerning the fulfillment of promises, as well as in elevating the ideal standards in legislation. This encompasses the use of the secondary legislation in an appropriate way, and transparent and accessible legal advice.
The correlation between the UK Parliament and the rule of law is complicated and multidimensional. Whereas the ideas of the rule of law are quite clear and are considered to be one of the cornerstones of democracy, lately, one can mark some questions about the weakening of the rule of law. Both Labour and the Conservative parties have supported the significance of the rule of law by affirming that they would enforce the rule as a prerequisite for ensuring that there is justice and law in society. The challenges above need to be dealt with in addressing how the government and the Parliament work in unison to demonstrate that the rule of law is a significant part of British values and the governance system.
