Milton Submits Evidence to Constitution Committee

20 May 2025

In April, PhD student member James Milton submitted written evidence to the House of Lords Constitution Committee as part of its inquiry into the rule of law. In the evidence, Milton critiques the traditional formal-substantive divide that populates academic debate around the rule of law, arguing that even the thinnest conception of the rule of law inevitably draws on morally substantive claims in order to satisfy key virtues of the rule of law. He suggests that citizens must have reason to trust that the rule of law will be practised in their future interactions with public officials, establishing stability about the application of rules and granting them respect as political citizens in the future. This trust can be undermined by anti-constitutional language, a lack of faith in the functionality of rule of law institutions, and concerns about constitutional backsliding. Moreover, Milton argues that trust in the future application of the rule of law may be felt differently amongst different demographics due to historical abuses.

Read the evidence on the UK Parliament website.