The Faculty of Advocates reports on the Rule of Law Event, facilitated by Beyond Borders Scotland, which attracted distinguished speakers in Sir Jeffrey Jowell, QC, and David Marshall.

A Faculty-hosted discussion of the rule of law and its vital role in world affairs was voted a resounding success in a straw poll of the audience.

One of Scotland’s foremost legal figures, the former judge Lord McCluskey, chaired the proceedings in the Laigh Hall, Parliament House, Edinburgh, and welcomed Sir Jeffrey, Director of the Bingham Centre for the Rule of Law since its launch in 2010.

The centre honours the work and career of the late Lord Bingham of Cornhill, the former judge and a passionate advocate of the rule of law.

Sir Jeffrey, who has as acted as constitutional adviser to a number of national governments in the Commonwealth, Asia and the Middle East, quoted to the audience Lord Bingham’s definition of the rule of law.

Lord Bingham had written in his book, The Rule of Law, that its core principle was that “…all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publicly administered in the courts.”

Sir Jeffrey stated: “He shows beyond any doubt that the rule of law is not a vague concept…it is a multi-faceted concept, a means not only to law and order but to justice and empowerment. It is unlikely to be perfectly achieved in any society but is an ideal worth striving for.”

Speaking after the event, Sir Jeffrey commented: “I believe it is hugely important to consider and reconsider the meaning and concept of the rule of law, a prime constitutional value which binds us all and furthers human dignity here and abroad. I was deeply flattered by the large attendance and the interest in this important subject. It was a very great honour to give this lecture.”

David Marshall, from the office of the United Nations High Commissioner for Human Rights, is the author of a recently published book, The International Rule of Law Movement.

He led the UN’s development of South Sudan’s prison and justice system in 2011-12, and he shocked the audience with a description of what he had seen.

Mr Marshall recalled visiting Death Row in a South Sudanese prison and as well as finding ten children, there had been a filthy, naked man chained to a wall. He had asked the prison governor about this man.

“The governor said he was mentally ill. He had committed no offence but was considered dangerous to himself and his family and was here for his own safety. When we asked how long he had been here, like this, we were told for four years,” said Mr Marshall.

He had been further shocked when one of the UN’s peacekeeping force had advised him that the man “is not a rule of law issue, he’s a human rights issue.”

On the event, Mr Marshall commented: “I think it is a very good thing when events like this are asking important questions about what the rule of law means and how we can strengthen the rule of law across the world.”

Lord McCluskey suggested: “The two speakers illustrated the gulf between common law concepts of the rule of law and the practical problems of getting emerging countries to adopt these principles in everyday practice.”

James Wolffe, QC, Dean of Faculty, said it was clear that much thought had to be given to the rule of law “and how to further it, not in abstract terms but in terms of practical realities on the ground.”

He added: “We must thank Sir Jeffrey Jowell and David Marshall for an extremely interesting and stimulating pair of addresses. At Festival time, Edinburgh is abuzz with ideas. I am delighted that, with the Bar Council of England and Wales and Beyond Borders Scotland, we have in this event made our own contribution to the intellectual debate.”

Amanda Pinto, QC, of the Bar Council’s Rule of Law Group, said: “It is a huge pleasure to be involved in this event and we very much hope that it is just the start of collaborating with the Faculty of Advocates for many years to come.”

Read more here:

http://www.advocates.org.uk/news/news_20140826_rule.html