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19 September 2025 / Simon Parsons
Issue: 8131 / Categories: Opinion , Rule of law , International , Legal aid focus
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Rule of law: beyond the rhetoric

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Despite talking the talk on the rule of law, the government must also walk the walk if it is to confront threats both nationally & internationally, writes Simon Parsons

The ‘rule of law’ is not just a strapline; it is absolutely necessary both nationally and internationally, as without it ‘poor Liberty lies fetter’d… like a flie in the Cob-web’ (Mercurius Pragmaticus, 1649).

This rhetoric on the importance of the rule of law has a long history—for example, in the Case of Proclamations [1610] 1 WLUK 362 (KB), Lord Coke asserted that the king did not have the power to ‘change the common law, nor create any offence, by his proclamation, which was not an offence before, without Parliament’. In fact, this was quiet rhetoric, because the Proclamations was not a ‘case’ but rather private musings by Coke which he dared not publish in his lifetime, as he wanted to appear as a respectable 17th century gentleman and not a revolutionary.

In more recent years, at the high constitutional level the rule of law has been reluctantly

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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