Update 20 June 2025 - see Joshua Rozenberg's post on the Royal Holloway, (University of London) Magna Carta Lecture 2025 delivered by former Attorney General Victoria Prentis KC - Web of Accountability. Prentis was Attorney General from 25 October 2022 until 5 July 2024.
On 29 May 2025, the Attorney General (Lord Hermer KC) delivered the Royal United Services Institute (RUSI) Annual Security Lecture, reinforcing the government's commitment to international law.
The government has published the text of Hermer's speech but has done so with redactions in several places to "remove political content"
The published text is HERE.
Hermer said that the Labour government rejects “the siren song, that can sadly, now be heard in the Palace of Westminster, and in some spectrums of the media, that Britain abandons the constraints of international law in favour of raw power.”
"This is not a new song," said Hermer who then referred
to the German jurist Carl Schmitt (1888 - 1985) who, in 1933, joined that Nazi Party and used his legal and political theories to justify the emerging regime. Schmitt claimed the “sovereign” could decide when a "state of emergency" exists and could then decide what is required to deal with the emergency even if it entails suspension of the usual legal norms.
Hermer's reference to Schmitt and the Nazis resulted in political attacks from some UK politicians who argue for withdrawal from the European Convention on Human Rights - see e.g. The Independent 30 May.
Hermer subsequently apologised for his “clumsy” remarks.
Leaving aside the political controversy, the Attorney's message seemed straightforward enough. The UK will adhere to its international undertakings. International obligations can be changed, the UK can choose to leave such obligations but, whilst they are in place, they will be applied.
Links
Joshua Rozenberg - Lord Hermer regrets (1 June 2025) and Pick-and-Mix Law? (30 May 2025)
The Spectator - Lord Hermer is preposterously wrong about international law - Richard Ekins KC (Hon) - (£ wall). Ekins is Professor of Law and Constitutional Government at St John's College, Oxford
The Law Officers
A considerable amount of information is now available about the Law Officers . In particular:
Institute for Government - Law Officers
2007 report - Parliament - Reform of the Office of Attorney General
2023 report - Parliament - The roles of the Lord Chancellor and the Law Officers
14 February 2025 - House of Commons Library Research Briefing - The Law Officers: a constitutional and functional overview
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