The Rule of Law by Tom Bingham (Penguin Books, 2010). You do not need to be a citizen of the United Kingdom, and subject to its laws, to benefit from this short discussion of the rule of law by Thomas Bingham (1933-2010), a judge who served as the Lord Chief Justice and Senior Law Lord of the UK. He writes knowledgeably, simply, and with a palpable commitment to human rights. In addition to learning more about the British legal system and thinking more seriously about what constitutes justice, I took pleasure in Bingham's elegant writing style, the logical presentation and reasoned argument, and his kindly voice.

Bingham is more interested here in the rule of law as a universal principle than in the laws of the UK, but since he takes examples from his area of expertise, he speaks most often about British law when getting down to particulars. Still, American law figures prominently in the discussion, especially when framework, philosophy, and procedure differ from the British system. Because the UK must now comply with the European Convention on Human Rights, Bingham also considers the European Court of Human Rights in Strasbourg. The UK brought significant vision to the shaping of the Human Rights Convention, but Parliament also has needed to legislate in order to comply with some requirements of the Convention.
Bingham approaches his subject both historically and topically. His definition of the rule of law mandates certain necessary components of any judicial system that purports to operate according to the rule of law, and many of these are familiar to an American reader. Accessibility of the law. Equality before the law. A fair trial. Civil rights.
Bingham discusses some of the fundamental documents, such as the Magna Carta, that are remembered as milestones in the rule of law. He also looks at the contemporary environment in which legal principles are developing, and his conclusions about the state of the rule of law are mixed.
Some of the legal rights enjoyed by Americans developed first in English law, but Bingham also discusses the points at which the American Bill of Rights diverged from English practice. English common law had established a citizen's right to privacy in his own home. "A man's house is his castle." But Bingham says that Britons today have no legislative protection equivalent to the Fourth Amendment to the American Constitution, which guarantees "the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures."
The European Convention does say, "Everyone has a right to respect for his private and family life, his home and his correspondence." Bingham identifies this area of law as one of the most difficult facing the UK. Government agencies collect increasing amounts of data on the citizenry, and the need to balance the legitimate interests of government with the privacy rights of individuals is a problematic area. He suggests that British citizens may be "sleepwalking" into a "surveillance society."
The most striking difference between the UK and American governmental systems is the relative importance of the legislative power and the courts. In the United States, state and federal courts interpret laws passed by legislative assemblies, and the judicial system may invalidate legislation deemed unconstitutional. In the UK, "the Queen in Parliament" is "the supreme law-making authority." The “sovereignty of Parliament” means "that Parliament has, in the United Kingdom, no legislative superior. The courts have no inherent powers to invalidate, strike down, supersede or disregard the provisions of an unambiguous statute duly enacted by the Queen in Parliament, and indeed, an extremely limited power to enquire whether a statute has been duly enacted."
The courts lack power to overturn legislation, and based on the power distribution within the British government, Bingham observes that American-style "checks and balances" do not exist in the political system of the UK. The legislative role of the crown is ceremonial, and the House of Lords can delay legislation but not deny it. "Thus our constitutional settlement has become unbalanced, and the power to restrain legislation favoured by a clear majority of the Commons has become much weakened, even if, exceptionally, such legislation were to infringe the rule of law as I have defined it."
I have emphasized Bingham's discussion of the way justice is achieved within national boundaries, but the rule of law in international relations interests him as well. He takes on the big issues, including the conduct of war, the treatment of prisoners, national security, and government surveillance. In this section, he makes some arguments in opposition to United States geopolitical policy and practice since 2001.
If the question "What is justice and how is it achieved?" interests you, The Rule of Law is an absorbing read. With the London riots this week and the flash mob violence in Philadelphia, the book seems especially relevant to ongoing discussions about the functioning of civil society.
The book won a 2011 Orwell Prize for political writing and was named a book of the year by the Observer, the Financial Times and the New Statesman.
The Orwell Prize website posts the first chapter of The Rule of Law.
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