The rule of law is a simple but powerful proposition. As articulated by the former senior law lord, Lord Bingham, it means that “all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of the laws.” This is an all-encompassing, supreme principle with which it is difficult to argue. Yet Boris Johnson’s government has consistently held the rule of law in contempt. The Prime Minister has not only undermined it with various pronouncements and policies, but he has also built an entire agenda around stifling the institutions that uphold it.
The government’s “Independent” Review of Administrative Law, chaired by Edward Faulks, will report before Christmas on potential reforms to judicial review, the process by which organisations and members of the public can challenge the lawfulness of government decisions. On the surface, it will look at technical aspects— the formal scope focuses on potential codification of grounds, the parameters of judicial authority, and procedural changes—but its political purpose is sweeping and dangerous. Faulks was highly vocal in his criticism of the judiciary in the aftermath of the Supreme Court’s 2019 judgment declaring the decision to prorogue parliament unlawful. There have been briefings from Johnson’s Downing Street of an intention to “get the judges sorted.” There can be little doubt that this review is part of an attempt to hoard power in No 10 and weaken systems that hold the executive to account.