header-logo header-logo

24 February 2023 / Roger Smith
Issue: 8014 / Categories: Opinion , Constitutional law , Rule of law , Profession
printer mail-detail

The Lord Chancellor: guarding the guard

112070
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

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
back-to-top-scroll