In an article published in New Law Journal, Chair John Gould asks to what extent lawyers and judges can remain guardians of integrity when the structures they operate within become "immoral or illiberal."
He uses Nazi Germany as a chilling case study that illustrates a situation in which, owing to a number of complicated factors, lawyers and judges "did not represent collectively an effective barrier to the corruption of the legal system."
He concludes that when existing legal structures are subsumed by new ideologies, legal professionals may be incapable of not following the law, whatever those laws may be – and cautions that it is not inconceivable such a situation could arise in the future.
Lawyers have an important part to play in maintaining confidence in the rule of law, the administration of justice and our democratic system generally. It is a role which must be based on values and integrity. It must deliver justice, because injustice is the void into which the values of autocracy can permeate.
The lawyers’ role is to make the system work, because once the system is captured by bad actors, it may be fanciful to think that lawyers can or will make a difference.
The full article is available to read at New Law Journal, by subscription only.
John Gould is Chair of Russell-Cooke and partner in the regulation and public law team. He advises regulators, government departments, law enforcement agencies, charities and statutory & professional bodies in connection with complex regulatory issues.
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