Government Lawyers in the United Kingdom : Between Law and Politics

This book details and evaluates the role of government lawyers in the UK’s constitutional order.

It traces the multifaceted, influential, but understudied role of government lawyers in the making of law and policy in the UK. It offers an account of the functions of, and relationships between, the different ensemble of actors that provide legal advice and services to the Government.

Actors the book studies include the Government Legal Department, Office of Parliamentary Counsel, the Legal Directorate of the Foreign and Commonwealth Office, and the Law Officers.

The book also examines the important role played in the provision of legal services by panels of external legal advisors drawn from the Bar, with special attention being given to the First Treasury Counsel. It offers a fine-grained account of the mechanics and processes that structure the work of these actors, including how legal advice is sought and formulated, the standards, principles, and norms that govern how legal risk is assessed and presented to Ministers, and the decision-making hierarchy for determining which legal opinion takes precedence.

The book also critically assesses how government lawyers contribute to good governance and play a very valuable role in the constitutional order. The book argues government lawyers help ensure respect for the rule of law is deeply embedded in the policymaking process while also facilitating the executive’s capacity to govern for the public good, by maintaining a deep institutional commitment to providing constructive and solutions-based legal advice.