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The Lord Chancellor: guarding the guard

24 February 2023 / Roger Smith
Issue: 8014 / Categories: Opinion , Constitutional law , Rule of law , Profession
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Pillars of integrity? Roger Smith stresses the importance of character, intellect & a commitment to the rule of law in those serving as Lord Chancellor & Law Officers

The House of Lords Constitution Committee published a paper last month on the roles of the Lord Chancellor and the law officers. Its main concern was with the substantive values of government and its ministers—on which it was strong—as much as the formal qualification of those appointed to uphold them—on which it was fuzzier.

The chair of the committee is Baroness Drake, a Labour peer and former trade unionist. She did not mince her words in launching the report:

‘The Lord Chancellor and Law Officers are among the chief guardians of the rule of law in our constitution… It is therefore essential that we have a Lord Chancellor who is willing and able, where necessary, to stand up to Cabinet colleagues and the Prime Minister, and Law Officers with the autonomy and strength of character to deliver impartial legal advice to the government, even where it is unwelcome… We urge the government

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