Rule of law a vital ingredient for democracy

The rule of law is a fundamental component of a functioning democracy that must be protected, the Law Society of Scotland has told a House of Lords inquiry.

The Society has provided written evidence to the House of Lords Constitution Committee inquiry into the rule of law, stating that it is a fundamental part of the UK’s political and legal  systems, ensuring state power is not abused and  the law applies consistently to all.

The Convener of the Law Society of Scotland’s Constitutional Law Committee Convener, Lynda Towers, said: “Upholding the rule of law is a central function of Government. The very fabric of society is at risk if the Government of the day does not recognise, uphold and promote the rule of law in everything it does.

“The rule of law alone is not sufficient to make a state democratic, but a state which does not observe it cannot be a healthy democracy.

“It is possible that the UK’s  effectiveness  as an advocate for the rule of law abroad has in recent times been undermined, for example with legislation enacted in respect of which the Home Secretary was unable to make a statement that “the provisions of the Illegal Migration Bill are compatible with the Convention rights, but the Government nevertheless wishes the House to proceed with the Bill.”.

“The importance of the rule of law goes beyond the philosophical or conceptual. It also has a very real and tangible impact on the day to day lives of people living in the UK, the operation of the civil and criminal law  as well as the economy by upholding property rights, facilitating the elimination of corruption, and maintaining a business environment in which contracts are enforced and international trade and investment can flourish. ”

The Law Society of Scotland is widely involved in promoting the rule of law, which is a  central premise of many if its evidence sessions, submissions to the UK and Scottish Parliaments and international work.

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