“In a world divided by differences of nationality, race, colour, religion and wealth [the rule of law] is one of the greatest unifying factors, perhaps the greatest, the nearest we are likely to approach to a universal secular religion.”

Tom Bingham, The Rule of Law

The Bingham Centre for the Rule of Law is an authoritative voice on rule of law issues in the UK and overseas and is a part of the British Institute of International and Comparative Law. The Centre was set up by the Institute in 2010, the year of the death of Lord Bingham. Lord Bingham had been President of the Institute and had given several highly regarded lectures on the subject of the rule of law. The Centre was founded and named in honour of this man who has been described as the greatest judge of his generation. He was Master of the Rolls, Lord Chief Justice and Senior Law Lord. His book on the rule of law (which was also published in the year of his death) is a popular and influential account of the subject.

The Bingham Centre views the rule of law as the cornerstone or foundation that every legal system should be built on. As the Lady Chief Justice, Baroness Carr, observed the rule of law is like oxygen. It’s easily taken for granted but without it everything perishes. Quite simply, the Bingham Centre exists in order to advance the rule of law and they do this in several ways.

They look at the most difficult questions where people are unsure what the rule of law requires them to do – for example how far lockdowns and surveillance should be allowed to restrict liberty during Covid-19, or the balance between rights and security in counter-terrorism. At the same time, they also distill what the rule of law requires when it is not breaking new ground by making it accessible. If only left to lawyers, the rule of law will not survive. It needs to be mainstreamed and be an integral part of society.

To this end, the Centre has developed an extensive range of explainer materials on the rule of law for the general public, with a particular emphasis on youth and school children. It convenes events and offers training and education both face to face but also on a larger scale through developing resources. There is a massive online open course offered through the University of London which is a taster for anyone of any age but especially pertinent for anyone thinking of studying law. This has had over 26,000 enrolments to date. A lot of materials have also been translated so they can be used beyond the UK in other parts of Europe. For schools in the UK, the Centre provides materials for key stages 3 and 4 on a range of topics, including the justice system, the international law of armed conflict and Magna Carta. As well as developing educational resources, the Centre organises workshops, taster videos and has had several hundred schools take part.

Jan van Zyl Smit is Director of the Bingham Centre and first joined the Centre as a Research Fellow in 2013, not long after it was founded. He studied law in South Africa and then did his doctorate at Oxford and lectured for several years before joining the Centre. Jan sees the promotion of the rule of law in practical ways as his passion and has worked extensively in developing and post-conflict countries. He is involved in ongoing work on reforming judicial appointments and discipline in jurisdictions in Africa, Latin America, Eastern Europe and the Commonwealth. Among the Bingham Centre’s small team of researchers, some have practised as a solicitor or barrister while others have worked in Parliament and NGOs as well as in academia. As Director, Jan argues that this diversity of experience is one of the Centre’s strengths as it works to tackle rule of law problems that cannot be solved simply by presenting academic arguments.

The Bingham Centre was originally funded by donations from various law firms and individuals - and it continues to rely on such generosity, alongside research grants. Over the years, the Centre has developed partnerships with law firms, offering tailored opportunities for engagement including pro bono and collaborative events. Key supporters include the Jones Day Foundation, a supporter of the Centre since 2015. Current opportunities for firms to support the Centre include lawyers volunteering within its schools programme, or firms hosting events with high-profile rule of law speakers.

Not only is the future of the rule of law reliant on a wider circle beyond the legal community but, also, it cannot just be defended by people arguing for one version of it.

Jan said:

“Not only is the future of the rule of law reliant on a wider circle beyond the legal community but, also, it cannot just be defended by people arguing for one version of it. We have robust debates not just on the importance of the rule of law but also of its nature, its definition, its DNA. Last year the Attorney General gave the Bingham Lecture on the rule of law in the age of populism. Another event in June this year saw an illustrious panel of retired judges, including Lord Sumption and Justice Breyer of the US Supreme Court, discuss what courts do when democracy is under pressure. We convene events to engage people in what is at stake with the rule of law. In the past two years we have had keynote lectures from Theresa May, on public inquiries and abuse of power, and David Lammy, while in opposition, on his vision for an international rule of law.”

The Centre works closely with Parliament. Whilst most MPs are not lawyers, they are playing a really important upstream role in making law. The Bingham Centre collaborates with other organisations to identify and highlight problems in bills before they make it onto the statute book. They work to get better legislation that upholds the rule of law and doesn’t damage it by, say, breaching treaty commitments, giving sweeping powers to ministers, or making it harder to get access to justice.

The Centre also works on the broader justice system and not only with courts. They have recently secured funding for a new project looking into public inquiries to see whether their recommendations are actually implemented, and what can be done to monitor implementation more effectively. They are also hosting a four-year British Academy project on the Ukrainian judicial system looking at how the system has been built up and reformed since Soviet times and what still needs to be done if Ukraine is to one day meet the EU accession requirements.

In relation to counter-terrorism, the Centre is hosting the Independent Commission on UK Counter-Terrorism Law, Policy, and Practice chaired by the Rt. Hon. Sir Declan Morgan KC PC, the former Lord Chief Justice of Northern Ireland. It has brought together a wealth of experts in counter terrorism and also consulted with community groups who are not regularly in dialogue with the Home Office. Government ministers from both Conservative and Labour administrations have expressed interest in this work, and there is a likelihood that some of its policy proposals will be adopted after the Commission launches its report this autumn.

Another Bingham Centre independent commission, on UK Public Health Emergency Powers, reported last year and its recommendations have been taken on board in law reform proposals in Northern Ireland for overhauling their systems after Covid-19, and are also being considered by the UK Covid-19 Inquiry and other national health departments.

The Centre has an active Business Network which brings together UK based multinational corporations through their GCs and their legal teams. They attend quarterly meetings to discuss rule of law issues, participate in relevant research projects and are briefed on the work the Centre is doing, including on issues such as effective combatting of modern slavery and the role of the legal profession in resisting ‘rule of law backsliding’ in countries where independent institutions are being undermined.

The Bingham Centre is an independent body that depends on the support of individuals and organisations to exist. The work it does is crucial and fundamental to the rule of law that serves each and every one of us. It is our oxygen. Let us not take it for granted.

If you would like to help the Bingham Centre contact Jan van Zyl Smit j.vanzylsmit@binghamcentre.biicl.org