Supreme Court president delivers law summit closing speech

Lord Neuberger spoke about the rule of law in his speech and said anyone with a legal claim must have an “effective way of having that claim considered” and that that there is “no more fundamental positive right than the right to justice” for UK citizens

On the right to self-expression the UKSC president said: “The right of self-expression is the most fundamental form of freedom from the state. It is a negative right in that it requires the state to keep out. It consists of the right to say what you want and do what you want (for instance to say unpopular things or to carry on business). Such freedom has its limits in order to protect the rights of others: you can’t shout “fire” in a crowded cinema; you can’t express yourself by killing people.”

He added: “The right to justice is, by contrast, a positive right in that it requires the state to do something. There is no more fundamental form of positive right than the right to justice. Without the right to justice, we do not have the rule of law, and without the rule of law, social economic cohesion collapse.

“The right of self-expression is very wide. It encompasses many fundamental rights, such as freedom of speech, freedom to work, and freedom from discrimination. As to discrimination, a society which does not accord equality to all its citizens does not permit genuine freedom of expression to the underprivileged. Further, to its economic and societal detriment, such a society deprives itself of the services of some of its ablest citizens. And such a society does not really observe the rule of law.”

Lord Neuberger continued: “In some ways, the right to justice is even more far-reaching than the right of self-expression: dangerous people may need to have their rights of self-expression curtailed to protect others, but they are entitled to justice; indeed, the extent to which its prisoners and mentally afflicted people are accorded access to justice is a measure of the decency of a society.

“But the rights to self-expression and to justice are not just theoretical notions. Individuals, businesses and other entities must be able to understand their rights, and to enforce and defend those rights through the courts. In the civil, family, criminal and public law fields, genuine access to justice, in terms of competent advice and representation in an impartial court, is essential if a society is to maintain genuine adherence to the rule of law. Access to the courts is the best, probably the only way.”

Read Lord Neuberger’s speech in full here.