Holding the Line Against Tyranny and Anarchy (Constitution Committee Report)

Lord Strathclyde Excerpts

Thursday 9th July 2026 Lords Chamber

Moved by

[Lord Strathclyde]

That this House takes note of the Report from the Constitution Committee The rule of law: holding the line against tyranny and anarchy (13th Report, HL Paper 211, Session 2024–26).

[Lord Strathclyde (Con)]

My Lords, it is a great pleasure to introduce this debate as chair of the Constitution Committee.

Noble Lords will have heard many times politicians and others praying in aid adherence to the rule of law and avowing its importance. Yet very few people seem to understand what it represents and how fundamental it is to our constitution. The Constitution Committee conducted a long and detailed inquiry into the rule of law and published its report towards the end of last year. This was prompted by a sense that the rule of law was being threatened in many parts of the world. We wanted to understand the extent to which we in the UK should also be concerned by that.

It was a privilege to chair the committee during the inquiry, and I am grateful to all those who contributed to it—our witnesses and my fellow members, whose knowledge and experience greatly strengthened the final report, and some of whom are speaking today. I am sorry that time constraints meant that the noble Lord, Lord Anderson of Ipswich, and the noble Baroness, Lady Hamwee, had to scratch. They played an important part in our deliberations. I mention in particular our excellent secretariat and clerks, who delivered our witnesses, our drafts and good humour, even when we became embroiled in the weeds of the subject.

Over nine months, we received more than 100 written submissions and heard from judges, practising lawyers, the police, journalists and young people. We deliberately sought views from people not normally asked for those views. The result is a report that seeks to provide an accessible evolution to our understanding of the rule of law, as well as to ask whether we are doing enough to preserve and strengthen it.

The rule of law is one of the defining principles of our constitution. It has deep roots in our history, reaching back centuries all the way to Magna Carta and, many argue, beyond. The rule of law is one of the foundations on which both democratic government and personal liberty depend. That is why we subtitled our report Holding the Line Against Tyranny and Anarchy, recognising that the rule of law protects us from both the tyranny of an overbearing state and the mob rule of anarchy. It guards against both extremes.

It is also more than this: the rule of law underpins economic prosperity, facilitating business and trade. In the UK, it contributes to our global reputation, not least because businesses from all over the world choose to have their contracts governed by English law. Given its importance, it is unsurprising that the rule of law is frequently invoked in this House and elsewhere. We proclaim our attachment to it, and we vow to protect it.

But what does it actually mean? The answer is not always straightforward. The rule of law is a slippery concept that is difficult to pin down. It is also beset by complicated academic and political debates about so-called thick and thin conceptions, which differ over whether human rights and international law are part of it. These debates around the definition of the rule of law give the impression that it is a contested idea, but it is deeply embedded as a British value in ideas of fairness, equality and justice.

Some years ago, the noble and learned Lord Bingham made a key set of definitions of the rule of law, on which the committee sought to build. The committee’s view was that the rule of law is perhaps best understood as a culture. People obey the law because they trust that others will do the same. They accept court judgments because they trust the independence and integrity of the judiciary. They engage in business and trade because they trust that contracts will be respected and enforced.

This culture is under strain. Increasingly, people lack confidence in the rule of law. They see increasing amounts of street crime, shoplifting and bicycle and mobile phone theft, but doubt that the offenders will ever be caught or fear that the police will be disinterested in what they perceive to be mostly irrelevant crime. The perpetrators are rarely held to account. Others encounter lengthy delays in the justice system while being faced with prohibitive costs to access legal advice and representation. At the same time, some politicians and parts of the media tell them that judges undermine Parliament and pursue personal agendas. The collective effort is to weaken confidence in the rule of law and the institutions responsible for upholding it.

One area that particularly concerned the committee was the treatment of the judiciary. Judges, both individually and as a whole, have been increasingly vilified in public debate. They are accused of interfering in politics and of deciding cases according to their personal views. This has spilled over into personal attacks and threats to their safety.

These attacks need to stop. That is certainly not to say that discussion and debate of judgment is off limits, but judges should be able to carry out their job without fear of retaliation. Otherwise, there is a threat to the independence of the judiciary. The Government must set the tone in promptly and clearly dismissing misleading information about judgments. They have a duty to defend the judiciary against unwarranted attacks. The Lady Chief Justice in her evidence was particularly strong on the subject, and we agreed with her. I have little time for judges seeking to expand their own boundaries or indulging in judicial activism, but I wholly accept their constitutional independence.

Access to justice is a further essential part of the rule of law. There is no point having laws and rights if they cannot be enforced and upheld. However, we frequently heard about backlogs, delays and difficulties in obtaining legal advice and representation. The Government must take decisive action to improve access to justice and to tackle delays—not the blunt instrument of scrapping jury trials but exploring creative solutions. Technology has an important role to play in realising efficiencies across the justice system such as digitising remaining paper-based processes. Where appropriate, the use of alternative dispute resolution should be encouraged.

We also looked at the role of Parliament. As we all know, parliamentary sovereignty is the supreme constitutional principle, but Parliament also has a responsibility to the rule of law, especially as we carry out our primary role on legislation. Laws should be clear. They should be accessible. They should be capable of being understood by those expected to obey them. Excessive complexity, performative legislation and the inappropriate use of delegated powers all make these objectives harder to achieve. This Government are not the sole Government to be guilty of doing these things. It has happened with previous Governments too, but we should never stop seeking to improve the quality of our legislation and reducing our reliance on delegated powers. We therefore urge parliamentarians to keep the rule of law front and centre when scrutinising legislation—and the Government when drafting it.

The central message of our report is that the rule of law is not just a constitutional principle but the invisible thread that governs our everyday lives. It is most definitely not just the concern of lawyers. It matters to everyone. That is why we should start with children. It should be better taught and understood in schools. This is what enables citizens to challenge power, businesses to invest with confidence, communities to live in peace and democratic government to command legitimacy. These are what count and help to provide stability in a complex world.

We should take pride in the United Kingdom’s long tradition of respect for the rule of law but, as I said earlier, pride must never become complacency. There can be no doubt that the rule of law faces genuine pressures. Those pressures can be addressed, but only if we recognise them and actively choose to defend the rule of law. I beg to move.

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[Baroness Laing of Elderslie (Con)]

My Lords, it is a great pleasure to follow the honourable—

[Lord Strathclyde (Con)]

Noble.

[Baroness Laing of Elderslie (Con)]

Oh! I did it wrong again. It is a pleasure to follow the noble Lord and to echo his words about the late Lord Mackay of Clashfern—the very embodiment of wisdom and decency, and a great Scots lawyer. It was a privilege to have known him.

It was an interesting challenge to be a member of the Constitution Committee, which undertook the inquiry on which this report is based. We have already heard from some of the distinguished noble Lords who served on the committee. I not only agree with all their points but thank them for all that I learned while sitting in their company during this inquiry.

It is a widely held misconception that examining aspects of the constitution is nothing more than a dry old academic exercise undertaken by dry old academics. It is not. This was a genuine inquiry. We explored a very wide range of issues and aspects, and we asked questions to which we did not already know the answers. We were often surprised by the conclusions to which we came after having considered the evidence.

Why do this report and this debate matter? I will make three brief points in answer to that question. First, they matter because one of our important conclusions was that safeguarding the rule of law is a shared responsibility. That responsibility lies not only with judges, lawyers, Ministers, parliamentarians, civil servants and public authorities but with every citizen. To maintain a free society, we must nurture a widespread culture of respect for the principles of the rule of law. Although this debate might not quite compete for audience figures with England against Norway—it probably will not even compete with children’s television—I sincerely hope that the fact we are having it is a small step in our quest to create a wider understanding of the importance of our constitutional conventions.

I have seen some excellent examples of citizenship education in many schools that I have visited over the years but, sadly, we discovered during our inquiry that this excellence does not occur widely throughout the country. Perhaps the end-of-term report for most schools on the subject of citizenship education would be, “Must try harder”. I am sure that the Minister will respond that citizenship education is a statutory requirement. Indeed it is, but teachers need more help: they need more training so that we can ensure that lessons are being effectively delivered. The committee’s recommendation at paragraph 246, which concerns helping schools to deliver education on citizenship, particularly deserves to be taken forward by the Government. Giving children an understanding that constitutional principles are the very foundations of our free society is the first step in creating good and responsible leaders for the next generation.

Secondly, the rule of law is not merely an abstract concept or a legal doctrine but the constitutional condition upon which our entire democracy depends. It is not, as some ill-informed commentators like to imply, an impediment to effective government. On the contrary: it is the condition that gives government its legitimacy. At a time when democratic institutions across many countries face increasing pressure, it is more vital than ever that the people have confidence that power is being exercised lawfully, transparently and accountably. The rule of law is universal, and nobody is above the law. The Government are subject to the law, just as any citizen is—as several recent cases heard in the Supreme Court have rightly reinforced. Liberty is secured not by the exercise of power but by its restraint through the law. Let us hope that we do not have to encounter an extremist Government here in Britain. We see extremism growing elsewhere right now. Upholding the rule of law—I argue that having this debate is part of that process—is our defence against extremism. The Government cannot bully the people.

Thirdly, as the noble Lord, Lord Strathclyde, mentioned in his excellent introduction to our debate, the committee considered Lord Bingham’s first principle:

“The law must be accessible … intelligible, clear and predictable”.


The report expresses concern that legislation has become increasingly lengthy, technically complex and dependent on delegated powers. We are legislators, and we have a duty to hold the Government to account to bring the laws we are making more in line with Lord Bingham’s principle.

Well over 200 years ago, the great William Pitt said that

“where law ends, there tyranny begins”.

I hope that this report and this debate go some way to drawing general attention to that universal and timeless truth.

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[Lord Strathclyde (Con)]

My Lords, I am grateful to the Minister and all those who spoke in the debate. I am particularly pleased that the Minister again said that the Government have unequivocal support for the rule of law. I never thought they would not have unequivocal support, but it is good to reaffirm these things. In that context, I very much welcome the noble and learned Lord the Attorney-General to our deliberations; it is a pleasure to see him today.

I was struck, early on in the debate, by something said between the noble Lord, Lord Foulkes, and my noble friend Lord Waldegrave. The noble Lord, Lord Foulkes, is a long-term, well-known, political heavyweight bruiser of the Labour Party and, of course, my noble friend Lord Waldegrave is renowned for his intellectual integrity and great skills, and yet the two of them got together on this committee and agreed wholeheartedly with every aspect of this. None of us should be surprised by this, because the rule of law is genuinely universal. It is part of the reason we are here.

My noble friend Lord Blackwater asked why we are debating this subject. We occasionally do need to reaffirm the underlying beliefs of the rule of law and how important they are. That is why I also very much welcome what the noble Lord and learned Lord, Lord Thomas of Cwmgiedd, and the noble Lord, Lord Verdirame, said. They joined this debate, saying that they had not been on the committee but felt moved to do so because we discussed some really important matters that needed to be covered. I am also particularly grateful to noble Lords and noble friends who talked about Parliament and legislation, and for what the noble Baroness said about legislation.

I said earlier that we are all guilty of sometimes trying to rush things through Parliament, but the Constitution Committee and some of the other committees in the House are ever vigilant of secondary legislation and Henry VIII powers being taken inappropriately. We all understand the pressures that fall upon government, but it is important that we safeguard our own integrity.

I will just finish by making a final tribute to the noble and learned Lord, Lord Mackay of Clashfern, who sat on the Woolsack for 10 years as Lord Chancellor, Lord Speaker and head of the judiciary. His integrity shone from every pore and I like to think that he too would have very much enjoyed this debate. I am very grateful to all those who took part.

Motion agreed.