Chapter 1: Introduction
Constitutional Reform Act 2005 and creation of the Ministry of Justice
Office of Attorney General
Legal advice and representation
Attempts at reform
Chapter 2: The rule of law
What is the rule of law?
Box 1: Suggested definitions of “the rule of law”
Lord Bingham’s definition
Box 2: Lord Bingham’s eight principles
Domestic v international law
Is it ever permissible for states to ignore international obligations?
Ministerial Code and international law
Chapter 3: The rule of law—Government actors
Lord Chancellor: rule of law duties
A narrow or wide conception?
Lord Chancellor: protection of the judiciary
‘Enemies of the People’
Law Officers: a wider rule of law function?
A respectable legal argument?
Publication of advice
Chapter 4: Reform of the role of Lord Chancellor
Lord Chancellor’s status
Qualification by experience
Box 3: Constitutional Reform Act 2005, section 2
Tenure in office
Lord Chancellor as Secretary of State for Justice and Deputy Prime Minister
Secretary of State for Justice
Deputy Prime Minister
Lord Chancellor as Minister for the Constitution
Box 4: The Lord Chancellor’s power to reject or request reconsideration of nomination for judicial appointments
The Lord Chancellor as a member of the House of Lords
Chapter 5: Reform of the role of the Law Officers
Law Officers as politicians
Individual decisions to prosecute
The political model
Law Officers’ qualifications
Membership of the House of Commons or the House of Lords
Chapter 6: Codification, guidance and accountability
Amendments to the Ministerial Code and Cabinet Manual
Placing the Ministerial Code on a statutory footing
Should the Attorney General be a member of Cabinet?
Reform of the Lord Chancellor and Law Officers’ oaths
Summary of conclusions and recommendations
Appendix 1: List of Members and declarations of interest
Appendix 2: List of witnesses
Appendix 3: Call for evidence
Evidence is published online at https://committees.parliament.uk/work/6540/role-of-the-lord-chancellor-and-the-law-officers/ and available for inspection at the Parliamentary Archives (020 7219 3074).
Q in footnotes refers to a question in oral evidence.
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