Summary of threats to the rule of law in the UK

The document outlines a series of legislative acts and wider trends in the UK that ClientEarth argues undermine the rule of law. It details how new laws like the Judicial Review and Courts Act 2022 and the Retained EU Law (Revocation and Reform) Bill may weaken judicial oversight and strip away environmental safeguards. The report also highlights systemic issues, including the politicisation of the Attorney General, cuts to legal aid, and a trend toward 'government by decree' through the increased use of secondary legislation.

• The Judicial Review and Courts Act 2022 introduces suspended quashing orders (SQOs) and prospective quashing orders (PQOs), which may allow unlawful decisions to continue causing harm or prevent the repair of damage after a finding of illegality.
• The Retained EU (Revocation and Reform) Bill establishes a 'sunset' date of 31 December 2023, after which all retained EU law in domestic secondary legislation and retained direct EU legislation will expire unless preserved, potentially removing critical protections for water pollution, air quality, and wildlife habitats.
• The Retained EU (Revocation and Reform) Bill empowers ministers to amend or revoke law via secondary legislation provided it does not increase the 'regulatory burden', which ClientEarth argues facilitates 'government by decree' and risks a 'race to the bottom' for standards in Scotland and Wales.
• The Police, Crime, Sentencing and Courts Act 2022 and the proposed Public Order Bill restrict the right to protest by allowing police to impose any condition deemed 'necessary' and introducing new offences such as 'intentionally or recklessly causing public nuisance' and 'locking on'.
• The Nationality and Borders Act 2022 is described as inconsistent with international law, specifically the 1951 Refugee Convention, by introducing a two-tier asylum system that penalises refugees based on their mode of entry.
• The Elections Act 2022 risks large-scale disenfranchisement of disadvantaged groups by requiring approved voter identification and allowing the government to set a 'strategy and policy statement' for the independent Electoral Commission.
• Significant cuts to legal aid and the Ministry of Justice budget over 15 years have led to a 30% drop in civil legal aid providers and a near halving of criminal legal aid providers, creating 'unacceptable' delays in the justice system.
• The role of the Attorney General has become increasingly politicised, with recent holders of the office making partisan interventions and criticizing the judiciary in ways that may undermine judicial independence.
• There is a documented trend of executive attacks on the judiciary, including the use of terms like 'enemies of the people' and 'lefty lawyers', which may have a chilling effect on the success rate of judicial reviews against the government.

APA

ClientEarth (2022). Summary of threats to the rule of law in the UK. https://www.clientearth.org/media/cfgpcojz/summary-of-threats-to-the-rule-of-law-in-the-uk-v2-1-18-october-2022-final-external.pdf

Chicago

ClientEarth. Summary of threats to the rule of law in the UK. 2022. https://www.clientearth.org/media/cfgpcojz/summary-of-threats-to-the-rule-of-law-in-the-uk-v2-1-18-october-2022-final-external.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Summary of threats to the rule of law in the UK |date=18 October 2022 |url=https://www.clientearth.org/media/cfgpcojz/summary-of-threats-to-the-rule-of-law-in-the-uk-v2-1-18-october-2022-final-external.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2022summary, author = {{ClientEarth}}, title = {{Summary of threats to the rule of law in the UK}}, institution = {ClientEarth}, year = {2022}, month = oct, url = {https://www.clientearth.org/media/cfgpcojz/summary-of-threats-to-the-rule-of-law-in-the-uk-v2-1-18-october-2022-final-external.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }