School of Law academics contribute to the defence of the Rule of Law

The House of Lords Select Committee on the Constitution has published the full report of their 9-month long inquiry on the Rule of Law, 'The rule of law: holding the line against tyranny and anarchy'.

The committee’s report follows an inquiry launched amid concerns about the decline of the rule of law globally. The rule of law is about protecting the citizen from an overmighty state. The report explores the meaning and importance of the rule of law within the UK, which factors currently threaten it, and what can be done by all constitutional actors to strengthen it.  

The School of Law’s Dr Paolo Sandro says:

The rule of law is under attack globally, and even domestically in the UK the direction of travel is not a good one – so this consequential new report is very timely.

Dr Sandro, Dr Stuart Wallace, Dr James Greenwood-Reeves, and Rebecca Moosavian submitted written evidence to the inquiry, and were cited several times in the final report. 

The group collectively addressed the threat to the rule of law posited by the widespread use of Henry VIII powers and ouster clauses; by legislation that openly violates the principle, like in the case of the Illegal Migration Act; whether there is a greater role for education, the media and civic society in promoting the rule of law.  

The group’s evidence was quoted verbatim regarding ouster clauses: 

On page 52 the report states:

However, we heard that ouster clauses “are a direct affront to the rule of law and the principle of access to justice”.

And on page 55, regarding the Illegal Migration Act 2023: 

A group of academics from the University of Leeds told us that this Act is problematic for several reasons, including that it includes retrospective provisions, permits arbitrariness in executive decision making, and includes several ouster clauses restricting judicial oversight.

The four Leeds academics who authored the submission to the inquiry said: 

We are very pleased the Constitution Committee took our evidence into account and used it as a basis for their important recommendations in the report.

This report recommends immediate action that must urgently be taken by the Government to prevent the further weakening of the rule of law. Our academics’ carefully reasoned and nuanced evidence on these matters serves as a compelling illustration of the School of Law’s commitment to producing research with tangible societal impact. 

• All the authors are members of Centre for Law and Social Justice. 

• Dr Sandro can be found on Bluesky @paolosandro.bsky.social) and LinkedIn. 

• Dr Wallace can be found on Bluesky @echrhawk.bsky.social and LinkedIn. 

• Dr James Greenwood-Reeves can be found on Bluesky @jgreenwoodreeves.bsky.social and LinkedIn. 

• Rebecca Moosavian can be found on LinkedIn.