The concept of the Rule of Law, governments govern but the law is king, is such an important principle in a healthy democracy; yet it is only faintly understood by the public at large.

When the English barons pushed back on a request for money by King John, they managed to manipulate the King into signing a Great Charter of Rights. Magna Carta is revered in the US. The early settlers used many of its provisions in the writing of their own constitution. They were establishing a brave new world where those who had power, would be made to use that power for the benefit of the people at large.

Part of our unwritten constitution is that the government appoint legal advisors to keep them on the straight and narrow and acting in accordance with the law. This role carries the exalted title Attorney General on both sides of the pond. You may recall the criticism of Peter Goldsmith, Attorney General to the Blair government, who was asked for his expert legal opinion as to whether an invasion of Iraq, without a UN resolution backing, would be lawful.  His opinion that it was lawful was controversial to say the least.

How times have changed since that time, and not for the better. You would expect that a government appointed legal advisor might be the very person to uphold the Rule of Law at all costs. So where was Geoffrey Cox, Attorney General to newly appointed Prime Minister Boris Johnson, when the decision was made to prorogue Parliament? Clearly the government did not act within the law on that occasion as the judgement of all 11 Supreme Court judges revealed. This was an example of the judiciary doing its job and showing that no government is above the law of the land.  The concept of the Rule of Law was alive and kicking and thank goodness for that.

But hang on a minute, what is the government’s reaction to this slap down by the judges? You might think they would be have learned a lesson. Not a bit of it.  Like Trump in the States, Dominic Cummings and his conspirator in arms, Boris, want to show the Judges who is boss.   In their eyes governments should govern and blow the law. Hence the appointment of Suella Braverman, our strident new Attorney General.  She has already nailed her colours to the mast.  Restore power to Parliament is her mantra.  This is the prize that Brexit brings she opined and time to take back control from the judges. But Magna Carta was signed at a time when power rested in the Monarch. It now rests in government; and with a big parliamentary majority, government power is already very great.

The position in the United States, with regard to the Rule of Law, is even more precarious.  Trump’s mate, Roger Stone has been convicted of lying to Congress in his role over the hacking of Hilary Clinton’s e-mails. Trump has engaged in a barrage of tweets berating the judge and jury over the conviction and jailing of his long-time friend and ally.  But credit to US Attorney General William Barr.  He has now had the courage to state publicly that Trump’s interference with the Judicial Process is making his own job impossible.  Trump’s ‘acquittal’ before the Senate and limp outcome of the Mueller enquiry have clearly emboldened the President, who now acts as if he is entirely above the law. How long Barr will now stay in post is anyone’s guess but one would imagine it will not be long.

I have been a lawyer now for not far off 50 years. I have been proud to be part of a legal system that gives rights to the powerless and curbs the power of the powerful. Long may our constitution allow this state of affairs to continue: but it is up to us to make sure this is not undermined by leaders who imagine the law does not apply to them.