The rule of law is unravelling before our eyes
Nevertheless, in this era of lockdowns, authority figures have carefully crafted an artificial state of emergency and heightened hysteria to forge numerous ‘rules for thee, but not for me.’
This piece is from our recent print issue (Issue XII), which can be purchased here along with past issues. Our print issues provide more detailed analysis and commentary on a wide range of subjects. You can, if you wish, subscribe for future print issues here.
The rule of law is one of our most ancient civil liberties, but its endurance appears to be in its twilight years, and its strength, built on respect, is collapsing all around us.
In 1215, something unusual happened to King John; he had his power restrained by signing a document known tohistory as the Magna Carta. Among the many provisions was one which declared that the King must abide by the laws he enacts; this introduced the principle of equality before the law. In the following centuries, the rule of law became a highly respected instrument in safeguarding liberty, constantly being whispered into the ear of the ruling monarch. The 1628 Petition of Right, formulated by MPs concerned about Charles I’s increasingly tyrannical rule, firmly embedded the rule of law into England’s constitution.
In a millennia-long tug-of-war between absolutist monarchs and the governed, the rule of law provided the coup de grâce to remove the former’s near total control. This ancient custom has become so engrained into British identity that it is likely the origin of the phrase ‘Britain’s sense of fair play’. It also intends to establish order by appeasing the nation’s instinctual distrust of authority figures, as it is a well-known fact that ambitious and corruptible politicians are willing to let the eyes of justice shine upon their misdeeds.
Nevertheless, in this era of lockdowns, authority figures have carefully crafted an artificial state of emergency and heightened hysteria to forge numerous ‘rules for thee, but not for me.’
Take another core British institution of the local pub – a hub of the local community, frequented by friends in need of a place to socialise and relax after a hard day at work. That much required ‘relaxing and socialising’ has been ruthlessly cut short as a result of the 10pm curfew on most public houses. But Members of Parliament mistakenly believed, at first, that they could sneak past the coronavirus restrictions, keeping the Parliament bars open past 10pm, when their electorate was locked out of theirs. Curtailing our basic liberties is thirsty work I am sure, and the feeling of guilt from plunging the economy into the abyss must require something strong, but it shows that politicians nowadays are unwilling to be inconvenienced by the very laws they write.
The rule of law has also been thrown onto the bonfire regarding recent protests. With the arrival of the 'Black Lives Matter' movement in late May, the corona- virus appeared to take an early summer holiday, or at the very least the authorities covered their eyes to the lack of ‘social distancing’ in the packed streets. Unfortunately, the disease reemerged the minute anti-lockdown protests took place in Trafalgar Square in Late August, with the chief organiser Piers Corbyn (brother of Jeremy) fined £10,000.
It comes as no surprise that Black Lives Matter have not been fined at all, probably because the authorities fear being labelled a six letter word – the same reason why it took them so long to prosecute the grooming gangs. Anyways, Black Lives Matter raised nearly £1million in the UK over the summer, so clearly have enough funds stored away to pay off any fines (not to mention all the reparations for criminal damage to businesses and landmarks) without breaking the bank.
The ever-growing disregard for the rule of law puts us all at risk. In a play titled A Man for All Seasons, based on the life of Sir Thomas More, Henry VIII’s close advisor (until he had him beheaded), there is a famous quote about why even our worst enemies should have the same rights as ourselves under the law. Asked why he’d give the Devil benefit of the law, More responds: ‘and when the last law was down, and the Devil turned round on you, where would you hide Roper, the laws all being flat? This country’s planted thick with laws from coast to coast - man’s laws, not God’s – and, if you cut them down – and you’re just the man to do it – do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake.’
