House of Lords Committee Warns of Weakening Rule of Law in UK

Report Highlights Erosion of Core Constitutional Principle

The House of Lords Constitution Committee has today, November 20, 2025, released a critical report titled 'Rule of law: holding the line between anarchy and tyranny,' asserting that the rule of law in the United Kingdom is under threat and requires immediate protection against further erosion. The committee, chaired by Lord Strathclyde, emphasized that while the UK's rule of law is generally in good standing, complacency could lead to significant risks.

Key Threats Identified by the Committee

The 95-page report identifies several areas contributing to the decline of the rule of law, categorizing them into institutional failings, political behavior, and social erosion.

• Institutional Failings in the Justice System: The report points to significant barriers to accessing justice, including persistent delays and substantial backlogs in the courts. As of June 2025, the Crown Court backlog exceeded 78,000 cases, and the Magistrates' Court backlog stood at 310,304 cases. These delays are eroding public confidence in the justice system. The committee also noted 'legal aid deserts' where a lack of legal support forces individuals to represent themselves.
• Political Behaviour and Attacks on the Judiciary: The committee criticized 'personal attacks on judges' and the 'spreading of misinformation' that undermines the integrity of the judiciary and fosters distrust. Politicians are accused of wrongly suggesting judges are overstepping their role when their decisions conflict with political agendas.
• Social and Cultural Erosion: A growing perception that laws are being broken without consequence, even by public figures, is diminishing public support for the rule of law. The report cites the 'apparent inability to address shop theft, phone theft and other visible crimes' as contributing factors.

Furthermore, the report highlighted concerns regarding government actions, such as the 'overuse of skeleton legislation and Henry VIII powers,' limited scrutiny of legislation, and statutory provisions that seek to limit judicial oversight.

Urgent Recommendations for Protection and Restoration

The House of Lords Constitution Committee has put forward a series of recommendations, urging decisive action from the government and other stakeholders:

• The government must take 'strong and visible action to promote and uphold this important constitutional value' and address weaknesses in the justice system.
• Urgent measures are needed to tackle court delays, including the adoption of 'new technologies' and the expansion of 'alternative dispute resolution.'
• Politicians and the government must 'take stronger action to defend the judiciary' against unjustified criticism and ensure that questioning judges' integrity is deemed 'unacceptable.'
• There should be 'uniform provision of public legal education in schools' to enhance public understanding and confidence in the justice system.
• Parliament has a crucial role in scrutinizing new laws to ensure they are 'clear, accessible, necessary, and not overly complex,' and to avoid the 'excessive use of delegated legislation.'

Call for Collective Responsibility

Lord Strathclyde stated, 'The government should be at the forefront of restoring our belief in the rule of law. It needs to take strong and visible action to promote and uphold this important constitutional value, and this should be underpinned by addressing the weaknesses in our justice system.' The report underscores that everyone, particularly those in public life, must be proactive in strengthening the UK's rule of law culture to prevent the rise of extremist political parties and growing antipathy towards democracy.