The Evolution of Legal Principles in British Politics: Lessons from Richard Hermers Lecture

The concept of the rule of law has seen a significant resurgence in the discourse of British politics, particularly as highlighted in the recent lecture by Richard Hermers. This article delves into the historical events that have led to the current emphasis on the rule of law, debunking the traditional narrative of the Conservative Party's supposed stand on law and order.

What is the Rule of Law?

The rule of law is a principle that suggests everyone, regardless of their status, is subject to the law. This concept is crucial for maintaining social order and ensuring that individuals are treated fairly. In the context of British politics, the rule of law has been a foundational principle that has evolved over centuries, shaped by various historical events and societal changes.

Historical Context and the Emergence of the Rule of Law

The roots of the rule of law in British politics can be traced back to the Magna Carta in 1215, which laid the groundwork for the modern legal system. This document, signed by King John, is one of the most significant documents in the history of the British monarchy and constitutional law. It established the principle that the king was subject to and bound by the law, marking a shift from arbitrary and often oppressive governance towards a more structured legal framework.

The Glorious Revolution of 1688 further reinforced the rule of law by establishing the principle of parliamentary supremacy. This event saw the British nobility, in collaboration with the Protestant Dutch stadtholder William III, overthrow James II. The subsequent Bill of Rights (1689) and the Acts of Settlement (1701) brought about a constitutional monarchy that limited the powers of the monarch and strengthened the role of Parliament.

Challenges and Setbacks

The rule of law has not always been a smooth journey in British history. The 19th century saw significant social and economic upheaval, leading to the Peterloo Massacre in 1819. This violent suppression of a public meeting demanding parliamentary reform highlighted the fragility of civil liberties and the importance of legal protections against governmental abuse. The backlash from such events brought about greater reforms, including the Reform Act of 1832, which expanded voting rights to a broader section of the male population.

In the 20th century, the rule of law faced another significant challenge with the establishment of emergency laws during World War II, such as the Emergency Powers (Defence) Act 1939. While these measures were necessary in the face of an existential threat, they raised concerns about the erosion of civil liberties and the potential for authoritarian rule.

The Conservative Party and the Myth of "Law and Order"

The recent lecture by Richard Hermers has brought renewed attention to the Conservative Party's claims of being the party of "law and order." However, these claims are often seen as disingenuous, as evidenced by a plethora of historical examples and contemporary issues. The 2019-2020 lockdowns in the UK saw widespread restrictions on freedom, raising questions about the balance between public health and individual rights.

Furthermore, the Treatment of Asylum Seekers and Immigrants in the UK has highlighted the government's approach to law and order. The Windrush Scandal, where British citizens were wrongly detained and deported due to bureaucratic errors, demonstrated major failings in the legal system. Despite these failures, the Conservative Party maintained its narrative of being steadfast in its adherence to the rule of law, a point thoroughly debunked by Hermers.

Conclusion: A Call for a True Rule of Law

In conclusion, the evolution of legal principles in British politics is a complex and multifaceted journey, shaped by a series of historical events that have both reinforced and challenged the ideal of the rule of law. Richard Hermers' lecture underscores the need for a genuine commitment to the principles of justice, equality, and liberty. It is clear that the current emphasis on rule of law cannot simply be a political slogan, but must be rooted in effective implementation and respect for human rights and freedoms.

While the history of the rule of law in Britain has been marked by significant achievements and setbacks, the challenge remains to ensure that this ideal is fully realized, not as a rhetorical device but as a living, breathing principle that guides the actions of all who govern under it.

Keywords: rule of law, British politics, historical events