Legal Systems: Rule of Law

Baroness Prashar Excerpts

Thursday 10th July 2014 Lords Chamber

[Baroness Prashar (CB)]

My Lords, as a non-lawyer I feel like a gate-crasher into this lawyers’ and judges’ picnic. However, I do not regret having gate-crashed because, as I expected, this has been an informative, interesting and thoughtful debate.

I am really delighted that the noble and learned Lord, Lord Woolf, secured this debate a year before we mark the 800th anniversary of Magna Carta. He introduced the debate with his characteristic wisdom and I agree with much of what he has said. The legal system of the UK has made an enormous contribution to the international standing of the UK. We have much to be proud of and much to build on, but we must also be watchful of what other noble Lords have said.

While we can look with pride at the great history of our legal system and the contribution that it has made to the world, we can also look forward to the huge contribution that our legal system can make in a world which faces significant challenges. By so doing, we can remain aware of what it is that we have to cherish in our own country.

The late Lord Bingham, in his brilliant book The Rule of Law, said,

“the rule of law is not fixed for all time. Some countries do not subscribe to it fully, and some subscribe only in name, if that. Even those who do subscribe to it find it difficult to apply all its precepts quite all the time. But in a world divided by differences of nationality, race, colour, religion and wealth it is one of the greatest unifying factors, perhaps the greatest, the nearest we are likely to approach to a universal secular religion. It remains an ideal, but an ideal worth striving for, in the interests of good government and peace, at home and in the world at large”.

The question is how we should continue to strive for it here and abroad. The answer is by example; by adhering to the rule of law; by constant vigilance; by maintaining the standards and the independence of our judiciary, and by the excellence of our judiciary and legal profession. It is also by continuing to engage with international bodies such as the United Nations, the Commonwealth and other professional organisations to promote the rule of law.

The rule of law, however, does not emanate just from state-based legal institutions but from wider socio-political norms and relationships. While focus on legal institutions, writing of constitutions, laws, training of lawyers and reforming the judiciary is necessary, it is not enough. Attention needs to be paid to value systems and informal justice systems and to the wider political and social structures in which judicial institutions are embedded. It needs to address power relations and entrenched interests, as well as how state-based legal systems articulate with customary law and informal justice practices.

The British Council—and I declare an interest as its deputy chair—has worked and is working in countries where there might be more than one legal system in operation or where informal justice systems co-exist alongside more or less effective state institutions. The approach adopted by the British Council is subtle and inclusive. It is one that understands and values UK experience, but is able to apply it on the ground in partnership, working with local actors and with the grain of local culture and context. This engagement by the British Council has shaped its understanding of the link between justice, development and economic growth, and how to achieve that through subtle and oblique approaches, rather than by hard selling.

I am delighted that the British Council is a partner in the Global Law Summit, an international legal conference to be held in London next February. This conference will be celebrating 800 years of our legal history, showcasing the British offer and advancing our shared understanding of how to promote the rule of law worldwide. We are proud to be working with other partners to enhance the international standing of the UK and its legal system and the observance of the law in this country and abroad.