Teaching Comparative

Rule of Law in the UK

The rule of law in the UK would seem to be a settled matter. But the topic does come up. Lord Woolf, The Lord Chief Justice of England and Wales, gave a speech entitled, The Rule of Law and a Change in the Constitution, as the Squire Centenary Lecture at Cambridge University, 3 March 2004.

What distinguishes Lord Woolf's approach to the issue of rule of law from the approaches described in the articles from China, Nigeria, and Mexico? Lord Woolf's argument is much more complex than this little excerpt might suggest, so you might want your students to read the whole thing.




"Any worthwhile society requires an efficient and effective legal system...

"Constitutions have to evolve to meet the needs of their citizens. A virtue of our being one of the three developed nations that does not have a written constitution, is that our constitution has always been capable of evolving as the needs of society change. The evolution can be incremental in a way which would be difficult if we had a written constitution. But flexibility comes at a price. We have never had the protection that a written constitution can provide for institutions that have a fundamental role to play in society. One of those institutions is a legal system that is effective, efficient and independent. A democratic society, pledged to the rule of law, would be deeply flawed without such a legal system.

"So far we have coped successfully without a written constitution. That we entered the 21st century without there being more of a clamour for our constitutional arrangements to be reduced into writing is a situation in which we can take genuine pride. It reflects our national culture. It suggests we have benefited from a tradition of mutual respect, restraint and co-operation between the three arms of Government. Of course there have been times of tension, but with good sense and good will on all sides they have been successfully managed. This was made easier not because of the separation of powers, but because of the absence of the separation of powers...

"Over recent years, recognition of the importance of the rule of law and the significance of the independence of the judiciary has increased dramatically. One of the most important of the judiciary's responsibilities is to uphold the rule of law, since it is the rule of law which prevents the Government of the day from abusing its powers. Ultimately, it is the rule of law which stops a democracy descending into an elected dictatorship. To perform its task, the judiciary has to be, and seen to be, independent of government. Unless the public accepts that the judiciary are independent, they will have no confidence in the honesty and fairness of the decisions of the courts..."

posted by Ken Wedding @ 9:22 AM