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Why we need to “speak up” now

Why we need to “speak up” now

2015 is an important year in legal history. 800 years ago, in the fields of Runnymede, the seal of King John was fixed to “the Magna Carta”, the document that is regarded as being the foundation of the rule of law in this country and beyond. Its importance is widely recognised abroad, in Civil Law as well as Common Law jurisdictions (and its Christian foundations are the subject of a forthcoming Theos report).

The coming months will see an influx of visitors to celebrate this anniversary – up to 1,000 members of the American Bar Association alone are due to be here in June. But amidst all the commemorative events and the sale of souvenirs, there is something of much more significance that needs to be urgently considered: the current efficacy of the rule of law itself.

Access to justice is a fundamental corollary to the rule of law because without it the rule of law can be nothing more than just a concept, an ideal. If access to justice is absent, legal rights cannot be exercised and legal obligations cannot be enforced. Thus it is essential to a humane, just and civilized society. And it is at risk.

The continual restrictions to the Legal Aid budget are prime evidence of this. Successive governments, generally arguing the need for austerity, have firstly restricted, then salami-sliced and finally just cut this all-important service. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed whole areas from scope and severely restricted others. In fact, at the time of the act being passed, the government’s own impact assessment suggested that around 600,000 fewer cases would be funded by Legal Aid due to the changes.

The soon-to-be-implemented rise in court fees is another concern. In some areas of civil law these will rise by up to 600%. There is an argument that the fee rises more than cover the costs of the court service, but we are still investigating that aspect. There is a real risk that the cumulative effect of these changes will be that individual citizens will find themselves unable to afford to seek to enforce their rights and the obligations of others.

This is an area where the Church should have a voice. There has been a perception in some circles that Christian concentration has been upon the rights of members of our own Christian communities rather than upon the rights of others. There is surely a case for saying that this balance should be reconsidered, that the Church should take the lead in expressing the need and seek to influence the political agenda, while at the same time trying to “fill in” the gaps that are becoming ever clearer.

Proverbs 31, verses 8 and 9, advises this:

“Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.”

The Theos report “Speaking Up" - Defending and Delivering Access to Justice Today suggests we do just that.

Andrew Caplen is President of the Law Society of England and Wales

“Speaking Up – Defending and Delivering Access to Justice Today” by Andrew Caplen and David McIlroy is available here 

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