By Brandon Anderton-
The president of the Law Society has raised alarm that the rule of law is at greater risk than ever due to Covid-19
During a keynote address at the International Bar Association’s annual conference, David Greene said ‘there is a danger that, under the guise of emergency, we are at greater risk now more than ever from challenges to the rule of law’.
‘As with any rushed decision-making, things can go seriously wrong and unintended consequences can have a detrimental impact on the safety and lives of those operating under difficult circumstances,’ Greene said.
The Law Society president was referring to broad restrictions being imposed on citizens across the world in a bid to conquer the which has claimed millions of lives world wide. Some restrictions were mandated under emergency powers without approval from parliament, though the present lockdown in the Uk was passed through parliament after it had been announced by prime minister Boris Johnson.
Emergency powers used to restrict normal freedoms similar to those used in wartime are legal, but there has been some quiet discontent among legal observers with the way restrictions have been imposed before going through the expected legal process. One lawyer at the meeting who said she could not be named without the authority of her law firm, told The Eye Of Media.Com: ” The rule of law in principle has to be fair, consistent, and based on predictable principles.
When laws are passed without the approval of Mps in parliament, it goes against the conventional system of Parliamentary Sovereignty, which gives parliament the collective power to make and unmake laws.
The anonymous lawyer made reference to the fact solicitor-MP Harriet Harman had said the amount of legislation coming into force before it has been laid in parliament is now high in volume and becoming routine.
”The British government has actually written to the Commons speaker at least 25 times since March to explain why legislation has come into force before it has been laid in parliament”, she said.
Fairness
‘Fairness is a key component of the rule of law, and requires that when businesses are being asked to close down because of the pandemic, they are all compensated equally, and they all know and expect that the closure of businesses is something that can be expected when a virus spread that kills is occurring. The predictability element would require that steps taken by governments over the pandemic are expected and are based on principles that can be relied upon, the female QC told us.
‘Unfortunately, the Law Society president is right that the legal profession globally appear to have abandoned its duty in ensuring that governments are making laws rooted in the rule of law, without which they could lack legal validity”
The 2020 Rule of Law Index, there has been an overall deterioration and stagnation across eight key categories. The index finds that fundamental rights, constraints on government powers, and absence of corruption are among the most pronounced categories of decline globally.
Greene said the profession ‘sometimes neglects making a strong economic and social case for the rule of law’ , adding that lawyers are ‘perfectly positioned’ to uphold legal principles and human rights.
He also stressed the importance of judicial review and the economic benefits of legal aid.
The 176th president of the Law Society in October 2020, mr. Greene qualified in 1980, becoming a partner at Edwin Coe in 1984 and senior partner in 2011. David is a litigator and claimants’ practitioner and has specialised in group claims for over 25 years in the UK and the USA.
Although he undertakes some personal injury work, David’s focus is on commercial claims. He is head of the Litigation & Dispute Resolution Group and the Group Action Litigation department.He has been a member of the Civil Procedure Rules Committee and the Civil Justice Council.