{"id":605552,"date":"2025-12-01T15:56:12","date_gmt":"2025-12-01T15:56:12","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/605552\/"},"modified":"2025-12-01T15:56:12","modified_gmt":"2025-12-01T15:56:12","slug":"rule-of-law-uk-parliamentary-committee-speaks-out-against-personal-attacks-on-judges","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/605552\/","title":{"rendered":"Rule of law: UK parliamentary committee speaks out against personal attacks on judges"},"content":{"rendered":"

Polly Botsford<\/strong>Monday 1 December 2025<\/p>\n

<\/p>\n

In November the UK\u2019s House of Lords Constitution Committee published a report on the rule of law, arguing that legislators and the media should refrain from launching personal attacks on judges. While noting that \u2018discussion and debate about court judgments and the law underpinning them is a normal part of open justice,\u2019 the Committee said this must be distinguished from personal attacks on individual judges or on the judiciary as an institution, which are unjustified.<\/p>\n

\u2018Hostility towards the judiciary\u2019 is one element of a wide-ranging review on challenges to the rule of law considered by the Committee as part of its nine-month inquiry. The Committee also examined other significant issues such as access to justice and the perception that the law isn\u2019t being equally applied or is being treated with disrespect, including within those institutions responsible for upholding it. The cumulative effect, it found, is declining public confidence in the rule of law and the \u2018pervasive sense\u2019 that it\u2019s \u2018under threat\u2019 in the UK.<\/p>\n

Attacks on the judiciary, particularly against judges deciding immigration cases, have become prevalent. Judges who have ruled on matters involving housing for irregular immigrants, for example, have been criticised in some sections of the media for their supposed links to specific political organisations or viewpoints. The label of \u2018activist\u2019, meanwhile, is often applied to members of the judiciary by lawmakers who disagree with a judge\u2019s ruling in a case.<\/p>\n

In the spring, Lady Justice Carr felt compelled to intervene when a number of senior lawmakers, attending a parliamentary session, criticised a judgment she\u2019d made in a case. Carr said publicly that she was \u2018deeply troubled\u2019 by their \u2018unacceptable remarks\u2019.<\/p>\n

The problem has been developing for some time, says Sam Townend KC, Chair of the IBA Forum for Barristers and Advocates. He says the first significant example was the substantial criticism directed at a number of senior judges following the High Court ruling in Miller in 2016. In that case, the Court found that the UK government needed the consent of Parliament before triggering Article 50 to exit the EU.<\/p>\n

\t\tThere is a proper channel to ensure the quality and accountability of our judges, and that is not on the political soap box or on the front pages of newspapers<\/p>\n

\n\t\tSam Townend KC<\/strong>
Chair, IBA Forum for Barristers and Advocates<\/p>\n

Since then, parts of the mainstream media and, increasingly, lawmakers, now regard an attack on judges and lawyers as a political opportunity, says Townend, who\u2019s a barrister at Keatings Chambers in London. \u2018If you don\u2019t like a decision, the method by which we have always dealt with that is to appeal to a higher court,\u2019 he says. \u2018And there is a proper channel to ensure the quality and accountability of our judges, and that is not on the political soap box or on the front pages of newspapers.\u2019<\/p>\n

The Committee\u2019s report also highlights how the rule of law is damaged by well-known problems within the current civil and criminal justice systems and in legal aid provision. \u2018A crucial part of the rule of law is that [\u2026] people should be able to access the courts to obtain justice, resolve disputes, and protect their rights,\u2019 reads the report.<\/p>\n

Citing evidence from witnesses, the report observes that there has been widespread \u2018underinvestment\u2019 in the justice system \u2018over many years\u2019. This has contributed to, and exacerbated, the significant issue of delays and backlogs. Here the report cites criminal justice statistics showing a Crown Court backlog of 78,329 open cases at the end of June, with a quarter outstanding for over a year. The Magistrates\u2019 Court backlog increased 25 per cent on the previous year, to 361,027 open cases.<\/p>\n

The report also remarks on how fairness in the way the law is applied is critical, highlighting the increase in low-level crime and a perception that it\u2019s not being dealt with. \u2018Certain crimes, such as \u201cshoplifting, car theft, cycle theft, house burglaries, low-level drug dealing\u201d, have increased over the last few years, and have become more visible,\u2019 says the report. Further, \u2018there is a strong media and public narrative that [these crimes] have effectively been \u201cdecriminalised\u201d due to police inaction,\u2019 the Committee adds.<\/p>\n

\u2018The absolute core of what for most people the rule of law is about [\u2026] is not only knowing the government is going to act within the law but being able to rely on other people acting within the law or, if they don\u2019t, being held to account,\u2019 says Lord Anderson KC, a member of the Constitution Committee. \u2018Whether you are looking at non-prosecution of cases or delays in civil courts or lack of access to legal advice, for most people that is the centrepiece of the rule of law in practice.\u2019<\/p>\n

Talking about the \u2018rule of law\u2019 can still sound vague, however, and the Committee is calling for more public education around what it means for the UK system of government and for individuals. \u2018Education is, as ever, the key,\u2019 says Lady Laing, another member of the Committee. \u2018But it is really important that the whole matter is simplified and the average person in the street and [\u2026] a young person about to leave school is given the chance to understand this.\u2019<\/p>\n

She adds that there should be high quality provision of education about the rule of law in schools to engage young people and to improve public understanding of \u2013 and confidence in \u2013 engaging with the justice system. \u2018The processes of government and our constitution need to be demystified,\u2019 she says.<\/p>\n

Education is a \u2018key enabler\u2019 in bolstering what is, for Townend, the \u2018cornerstone of our society\u2019 upon which everything else is based. \u2018Public safety, commerce and trade, confidence in state institutions, you name it, all rest on the framework of rule of law,\u2019 he says. \u2018Cut against it, and all else fails.\u2019<\/p>\n

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