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Our student associates recently took part in a session to understand , and why it is central to our company mission. They shared some of their thoughts on what they think are the biggest threats to the rule of law. 

What do we mean when we talk about the rule of law?

It can be difficult to get a grasp what we mean when we talk about the rule of law. At ÀÏ˾»úÎçÒ¹¸£Àû we use a 4-step definition: 

So, what did our student associates think are the biggest threats to the rule of law? 

1. Corruption 

Fundamentally, corruption is when people believe they are above the law. And corruption within political systems poses an even bigger threat to the rule of law. We can see plenty of examples of corruption, where people believe that the law doesn’t apply to them in exactly the same way as it does to others due to their senior position in government or business. But it should and it must, because without equality under the law, we find ourselves in very difficult situations.

2. Attempts to limit or reform judicial review

The proposed reform and limit to judicial review in England and Wales was another issue the team raised. In recent years, we’ve seen the government clash with the judiciary, such as the judicial review of the proroguing of parliament and the triggering of Article 50.

This echoes concerns discussed by Lady Hale, Baroness Helena Kennedy, I Stephanie Boyce, Iain Anderson and ÀÏ˾»úÎçÒ¹¸£Àû’ James Harper as part of The Pro Bono Week Committee’s event Rule of Law & Access to Justice: where do we go from here? where they reflected on developments related to the rule of law in the UK. 

3. Cuts to legal aid 

The cuts to legal aid introduced with the , were raised as a major threat. The effect of these cuts has been particularly evident during the pandemic, where not all free legal aid centres have been able to operate as normal. This links back to the final pillar in our 4-step definition: accessible legal remedy. People should have access to representation from a professional who knows the law. This more than anything else, is probably the biggest challenge to the rule of law in the UK.

What can you do to help?

There are things that we can all do to help advance the rule of law. From educating yourself and those within and outside of the legal community about it, to giving up your time to volunteer at legal aid clinics – there is a way we can make a positive impact. You can . For something closer to home, find out how we’ve made welfare benefit applications for Personal Independence Payment (PiP) easier in the UK. Sometimes it’s the small things that can have a huge impact.