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In a recent statement, the Lord Chancellor, Alex Chalk, emphasized the importance of respecting the rule of law and the impartial judgments of independent courts. However, this principle faces challenges within the Conservative Party, particularly in response to the Supreme Court’s judgment on the Government’s Rwanda policy. The Deputy Chairman, Lee Anderson, suggested ignoring laws and immediately returning individuals arriving in the UK via small boats.

This controversial stance raises questions about the party’s commitment to legal principles, prompting a deeper examination of the government’s ambitious goal to eliminate small boat arrivals. The proposed Rwanda policy, aimed at processing asylum applications outside the UK, faced legal challenges, leading to a unanimous Supreme Court rejection.

The government now faces crucial decisions. Should it abandon the Rwanda policy, attempt to reassure the courts regarding Rwanda’s standards, or take a more radical approach by passing domestic legislation to remove legal obstacles to sending asylum seekers to Rwanda?

Suella Braverman’s proposition to disapply the Human Rights Act, European Convention on Human Rights, and other relevant obligations has sparked intense debate. Critics, including former head of the Government Legal Department Sir Jonathan Jones, argue that this approach would breach international treaties and eliminate essential legal challenges, essentially allowing the state to act outside the law.

Notably, this proposal is not an isolated incident. Dominic Cummings, in 2020, suggested withdrawing from the European Convention on Human Rights and international law, advocating extreme measures such as deploying the Navy and drones to prevent boat arrivals.

As the Conservative Party grapples with these divisive proposals, a sizable rebellion from MPs is expected. The debate revolves around the assertion that international law is not equivalent to domestic law, and Parliament can repeal it through a “notwithstanding” clause. However, the broader question arises: Why is the rule of law, both domestically and internationally, crucial?

Beyond the legal arguments, the article emphasizes the broader societal implications of disregarding the rule of law. It highlights the need for certainty, stability, and boundaries on behavior to reduce conflict and provide mechanisms for conflict resolution. The piece underscores that power without constraints, as proposed by some within the party, is more prone to abuse.

Additionally, the article explores the significance of international law in addressing complex global issues. It argues that international cooperation is more effective within a framework of mutually respected laws. Adherence to international norms helps shape responsible behavior on the global stage, fostering a rule-of-law approach rather than succumbing to a law-of-the-jungle mentality.

In conclusion, the internal debate within the Conservative Party reflects a broader tension between those advocating for a more assertive, law-ignoring approach and those emphasizing the importance of upholding both domestic and international legal frameworks.

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