Law reform charity publishes guide for MPs in bid to improve lawmaking
Law reform charity JUSTICE has published an updated guide for MPs on the rule of law aimed at strengthening law-making in Parliament and resetting the relationship between lawmakers and the legal profession.
The document, which includes a chapter on judicial review and public law, comes as the charity has raised concerns that the rule of law has been "badly eroded" in recent years.
The 88-page guide, titled Law for Lawmakers, sets out key constitutional and legal principles and will be delivered to all new and returning MPs starting today (24 July).
The chapter on judicial review and public law details how judicial reviews are brought, what type of decisions they can challenge, and breaks down the kind of grounds they can be brought on.
It also covers the entire judicial review process from the pre-action protocol letter through to a court's decision and includes examples of historic cases.
The guide follows recent controversies such as the Rwanda policy, the proroguing of Parliament during Brexit debates, and the COVID-era trend of limited scrutiny for new laws. Many of these issues led to Civicus Monitor downgrading the health of the UK's civic sphere to 'obstructed' last year.
Attorney General, Lord Richard Hermer KC, said: "Serving in government is a privilege that carries huge responsibility. As we face this challenging path and navigate complex decisions, I am clear about our mission to protect and promote the rule of law.
"This guide is an incredibly useful resource in introducing some of the key legal and constitutional principles which law makers will encounter.
"I sincerely hope it will encourage debate and conversation on how law and politics can work together in harmony."
Fiona Rutherford, Chief Executive of JUSTICE, meanwhile said: "The rule of law means we all benefit from and answer to the same rules.
"It is the foundation of our democracy, protecting us from arbitrary state power, providing certainty for businesses, and safeguarding courts' impartiality.
"But where the rule of law is badly eroded, the results – rushed, poorly scrutinised new laws, and threats to judicial independence, for example – hurt us all.
"This guide serves to repair the cracks in the UK's political foundations by giving every MP the tools they need to act as custodians of our democracy."
Adam Carey
