Threats to the Rule of Law: From Miller II to the ECHR: Sam Fowles lecture at University of Cambridge

07 Dec 2023

Public Law and Judicial Review

Cornerstone’s Sam Fowles gave a public lecture entitled “Threats to the Rule of Law: From Miller II to the ECHR” at the University of Cambridge, hosted by the Cambridgeshire Law Society and sponsored by Ashtons LLP.

Watch the lecture in full on our YouTube channel.

Sam argued for the “thick” conception of the rule of law, advocated by Lord Bingham in his book of the same name, which conceptualises the rule of law as a fundamental tenant of a democratic state. He made the case that the rule of law, as understood by Bingham and others, had retrenched in the UK over the last 30 years.

Sam raised four key points:

  1. There has been an increase in government through discretion rather than law.
  2. The political climate has become less accepting of fundamental rights and courts have taken a more restrictive approach to their application.
  3. Access to justice has been substantially reduced.
  4. The culture of adherence to international law has been eroded.

Sam was, of course, representing only his own views and analysis. Sam acts as counsel to the APPG on Democracy and the Constitution and, as such, does not endorse any political party. Sam represents clients of all political persuasions and none (and has advised land represented legislators from all of the major political parties). Sam is part of Cornerstone’s Public Law team. He drew on his extensive experience in constitutional issues, having appeared in many of the most significant constitutional matters of recent years.

Learn more about his practise here.