Underfunding the courts and legal aid weaken the rule of law the most, according to a straw poll conducted by the Law Society. It was conducted during a panel discussion on ‘why the rule of law matters to us all’, hosted by journalist Emily Maitlis, to mark the Society’s 200th anniversary.
The wide-ranging discussion opened with speakers Marcia Willis Stewart, managing partner and director at Birnberg Peirce, economist Dr Linda Yueh and constitutional law specialist Professor Colm O’Cinneide explaining the importance of talking about the rule of law now.
Yueh said the rule of law was fundamental to how society operates. For instance, an employee will have an employment contract. O’Cinneide said the rule of law is the infrastructure that allows people to plan their lives and have a stable life, and live free of arbitrary public and private power. Stewart said the rule of law was not merely a concept but how people live, work and communicate.
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On calls to leave the European Convention of Human Rights, O’Cinneide warned against ‘short-term responses to perceived crises in a particular political context’ that ‘end up creating long-term damage’.
On shadow justice secretary Robert Jenrick’s call for a judge to be sacked over sentencing guidelines, Stewart said: ‘Our judges take an oath and they are there to be accountable. Yes, criticise a judgment, criticise a decision, make a complaint – we have a system. But getting up and grandstanding and saying “Sack this judge”? No.’
During the event, the audience was also asked about a time when they were helped by the justice system. Coming top was consumer rights, followed by employment or workplace issues.
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