Introduction
Published online by Cambridge University Press: 27 December 2024
Summary
By any standards, the Conservative tenure since 2010 has been an appalling period of government. It has left the country poorer and more divided, with dilapidated public services, demoralised civil servants and degraded institutions. A failure of basic administrative competence has been combined with contempt for some fundamental principles of good governance. These have been particularly concerning in relation to the government's attitude towards the rule of law. A properly functioning court system, an independent judiciary and legal constraints on the use of executive power are essential in any truly democratic society. In the UK however each of these elements have been severely tested, strained and damaged in recent years.
This book provides a legal perspective (or more accurately, multiple legal perspectives) on some key policy challenges affecting the UK. The subject matter is broad, ranging from family law to Brexit and from environmental protection to artificial intelligence. However, the book does not provide a comprehensive review of government activity. Instead, it focuses on some essential policy areas in which law plays an unusually prominent role, often in managing complexity and changeability or the application of broad principles to unique individual circumstances. Some proposals may be contentious, but any serious agenda for change will require stepping into disputed territory.
The contributors to this book propose major reforms to both policy and the approach to policy making. A consistent theme is the need for an improvement in the quality of new law by bringing more rigour to the legislative process and for ministers to focus on the operation of law in practice. Both are essential for developing successful solutions to long- term, multidimensional problems. More broadly, however, we argue that the new government should reprioritise and revitalise some fundamental legal principles as a matter of urgency: access to justice; an independent judiciary; a properly functioning court system; and respect for the rule of law. These principles are the backbone of good governance and democratic accountability and run through every chapter of this book.
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- British Legal ReformAn Agenda for Change, pp. 1 - 8Publisher: Bristol University PressPrint publication year: 2024