Last week the UK’s Cabinet Office sought silently to remove the reference to “international law” from the Ministerial Code.
The text had stated that there was an “overarching duty on ministers to comply with the law including international law and treaty obligations and to uphold the administration of justice and to protect the integrity of public life”. The new version states that there is an “overarching duty on ministers to comply with the law and to protect the integrity of public life”.
Does this matter? From a strict legalistic perspective, there is an argument that it makes no difference: inclusion or exclusion of text from a ministerial code by acts of ministerial or civil service discretion do not create or change substantive law. And there is some force in this contention, though the courts can and do look at such documents when construing the obligations of the state under public law and the legitimate expectations of individuals who can be affected by state actions. Read more