A groundbreaking new report is sounding the alarm over growing threats to the rule of law in the UK within the past decade. The State We’re In: Addressing Threats & Challenges to the Rule of Law uses the Venice Commission’s Rule of Law Toolkit to examine changes to democracy in the UK based on five rule-of-law benchmarks:
- Legality: transparency, accountability, inclusivity and democracy in law-making and legal institutions
- Human rights: safeguarding the dignity of all human beings
- Legal certainty and the prevention of the misuse of power: clarity and predictability in the law
- Access to justice: “independent and impartial judiciary, a robust legal profession, and practical and effective access to the courts”
- Equality and non-discrimination: equal treatment before the law
On the “access to justice” benchmark, the report cites the corrosive impacts of cuts to legal aid, which have had serious consequences for broad-based access to justice, with delays of months to years for some trials. The report identifies (i) the ongoing courts backlog crisis, which saw more than 300,000 cases outstanding in the Magistrates’ courts as of March 2023; (ii) decreases in annual public spending on legal aid by a quarter from 2009 to 2022; and, (iii) “legal aid deserts” which now leave some with no access to legal advice at all, as evidence of the extent to which access to justice has been, and continues to be eroded.
The report offers 20 recommendations to address, and potentially reverse damage to the rule of law foundation.
The State We’re In: Addressing Threats & Challenges to the Rule of Law (September 2023) was produced by JUSTICE.org. JUSTICE is a law reform and human rights organisation, founded in 1957, that aims to strengthen the UK’s justice system.
The State We’re In: Addressing Threats & Challenges to the Rule of Law is available on justice.org.uk here: https://justice.org.uk/the-uks-longstanding-commitment-to-the-rule-of-law-is-under-grave-threat-according-to-landmark-report-from-justice/.