{"id":386102,"date":"2026-06-04T10:00:58","date_gmt":"2026-06-04T04:30:58","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=386102"},"modified":"2026-06-04T09:30:40","modified_gmt":"2026-06-04T04:00:40","slug":"lidw-2026-the-intersection-of-law-and-politics-rule-of-law-under-pressure","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/06\/04\/lidw-2026-the-intersection-of-law-and-politics-rule-of-law-under-pressure\/","title":{"rendered":"LIDW 2026 | Rule of Law Under Pressure: Fiona Hill, David Gauke and Dan Feldman on Populism, Democratic Backsliding and Geopolitical Risk"},"content":{"rendered":"
\n

Moderated by Ms. Maeve Hanna<\/span>, Partner at A&O Shearman, the session brought together Ms. Fiona Hill CBE<\/span>, Founder of the Future Resilience Forum and former Downing Street Chief of Staff, Mr. David Gauke<\/span>, Head of Public Policy at Macfarlanes and former Secretary of State for Justice and Lord Chancellor, and Mr. Dan Feldman<\/span>, Partner at Covington & Burling and former Ambassador and Chief of Staff and Counsellor to Secretary John Kerry. The panellists examined the growing pressures on domestic and international legal systems, the rise of populism and institutional distrust, the impact of geopolitical tensions on the rules-based international order, and the increasingly complex relationship between law, politics and business. Throughout the discussion, they reflected on how governments, institutions and legal practitioners can preserve public trust in the rule of law while adapting to a rapidly changing global environment.<\/p>\n

\"\"<\/p>\n

A New World Order and the Rule of Law<\/h2>\n

Opening the discussion, Ms. Maeve Hanna<\/span> observed that the rule of law had long served as a foundation for legal certainty, stable institutions, economic confidence and international dispute resolution. She noted, however, that this foundation was increasingly being tested by domestic political pressures, geopolitical competition and growing challenges to the rules-based international order. Inviting the panellists to reflect on these developments, she asked what had changed most fundamentally in the global environment and what those changes meant for the future of the rule of law.<\/p>\n

Responding first, Ms. Fiona Hill CBE<\/span> reflected on her experience in government and explained that the period following the Brexit referendum marked a significant turning point in her understanding of the relationship between politics, institutions and the rule of law. Recalling her transition from the Home Office to Downing Street under Prime Minister Theresa May, she observed that many assumptions previously regarded as stable and enduring suddenly came under sustained challenge.<\/p>\n

According to Ms. Hill, two factors continued to provide a degree of stability during that period: the rule of law and the United Kingdom’s relationships with international partners. She noted that both were subsequently subjected to increasing political pressure and scrutiny, reflecting wider changes occurring across democratic societies.<\/p>\n

Looking beyond Brexit, Ms. Hill argued that the world had already entered what she described as a “new world order”, requiring governments and institutions to rethink long-standing assumptions about governance, security and international cooperation. She explained that technological change, particularly the ongoing technological revolution, was transforming not only economic activity but also the way governments operated and societies functioned.<\/p>\n

She suggested that traditional distinctions between foreign policy, economic policy, security, development and legal regulation were becoming increasingly blurred. In her view, technology had effectively compressed previously separate policy areas into an interconnected ecosystem, requiring governments, businesses and institutions to adopt new ways of thinking. She further observed that while artificial intelligence dominated many contemporary discussions, developments such as quantum computing and other emerging technologies could prove equally transformative in the years ahead.<\/p>\n

Populism, Public Trust and Institutional Legitimacy<\/h2>\n

Turning to domestic challenges facing the rule of law, Ms. Maeve Hanna<\/span> invited Mr. David Gauke<\/span> to consider why rule of law arguments had become increasingly difficult to communicate to the public.<\/p>\n

Mr. Gauke argued that the rise of populism across Europe, North America and other democratic societies had fundamentally altered public attitudes towards institutions and legal constraints. He suggested that a combination of factors, including slower economic growth following the global financial crisis, rapid social change and the influence of social media had contributed to growing dissatisfaction with established political and legal structures.<\/p>\n

According to Mr. Gauke, populist movements often derived their appeal from the perception that traditional institutions prevented governments from delivering solutions. He observed that legal constraints, judicial oversight and constitutional safeguards could easily be portrayed as obstacles standing in the way of decisive political action.<\/p>\n

In that context, Mr. Gauke emphasised that the rule of law was specifically designed to constrain arbitrary power. While acknowledging that such constraints could be politically inconvenient, he stressed that they remained essential to democratic governance. He observed that populist narratives frequently framed legal institutions as serving elites or protecting entrenched interests, making it increasingly important to explain why legal safeguards existed in the first place.<\/p>\n

Reflecting on how public trust could be strengthened, Mr. Gauke argued that lawyers, policymakers and institutions needed to return to first principles. He stressed that the rule of law protected individual liberties, dispersed power and provided the legal certainty necessary for economic prosperity. According to him, the relationship between legal stability and economic success had often been taken for granted and now required renewed explanation and defence.<\/p>\n

The United States and Challenges to Democratic Institutions<\/h2>\n

The discussion then shifted to developments in the United States and their broader implications for democratic governance and international legal norms.<\/p>\n

Drawing on his experience in government and international affairs, Mr. Dan Feldman<\/span> observed that many of the indicators commonly associated with democratic backsliding in other jurisdictions were increasingly visible within the United States itself. He explained that much of his professional career had been devoted to examining rule of law issues abroad and admitted that it had been striking to witness similar concerns emerging within the American political system.<\/p>\n

Mr. Feldman identified a number of developments that, in his view, raised concerns regarding the health of democratic institutions. These included efforts to challenge judicial independence, increasing political attacks on judges, pressure on legal professionals and growing hostility towards independent media.<\/p>\n

According to Mr. Feldman, one of the most significant concerns was the increasing politicisation of institutions traditionally viewed as independent. He noted that attacks on judges, criticism of legal processes and attempts to undermine public confidence in institutions risked weakening constitutional safeguards that had long underpinned American democracy.<\/p>\n

At the same time, Mr. Feldman highlighted signs of institutional resilience. He pointed to judicial decisions that had continued to scrutinise executive action and observed that courts remained an important component of the constitutional system of checks and balances. While acknowledging that political polarisation remained a significant challenge, he expressed cautious optimism regarding the continued strength of democratic institutions.<\/p>\n

When Politics and Law Intersect<\/h2>\n

The discussion then turned to the practical interaction between law and politics and whether political judgement could sometimes achieve outcomes that legal processes alone could not.<\/p>\n

Drawing on her experience in government, Ms. Fiona Hill observed that political thinking could often complement legal analysis by identifying solutions beyond the immediate legal framework. Referring to the deportation of Abu Qatada, she recalled how successive governments had struggled to resolve the issue because of legal concerns relating to evidence obtained through torture.<\/p>\n

According to Ms. Hill, progress was ultimately achieved through diplomatic engagement with Jordan, which resulted in legislative changes addressing the underlying legal concerns. She suggested that this demonstrated how political judgement and diplomacy could sometimes assist in resolving issues that had become trapped within lengthy legal processes.<\/p>\n

More broadly, Ms. Hill argued that debates concerning the rule of law could not be separated from broader discussions about democracy, governance and economic systems. She observed that democratic institutions continued to operate according to traditional processes while technological change and social media accelerated the pace at which information circulated and public expectations evolved. In her view, governments and institutions would need to become more agile if they wished to maintain public confidence while preserving constitutional norms.<\/p>\n

The Judiciary, Democratic Accountability and Constitutional Boundaries<\/h2>\n

Addressing the relationship between courts and elected institutions, Mr. David Gauke emphasised the importance of maintaining clear constitutional boundaries between judicial and political decision-making.<\/p>\n

He observed that constitutional arrangements differed significantly across jurisdictions and noted that the United States, with its written constitution and tradition of judicial review, inevitably involved courts more directly in political disputes than was traditionally the case in the United Kingdom.<\/p>\n

According to Mr. Gauke, judges generally preferred not to become involved in matters that were fundamentally political in nature. He explained that courts were tasked with interpreting and applying the law rather than resolving political controversies. Nevertheless, he cautioned that politicians sometimes created difficulties by enacting broad legislative principles without providing sufficient detail, thereby leaving courts with considerable discretion when interpreting those provisions.<\/p>\n

In his view, this could inadvertently draw judges into politically contentious debates that would be more appropriately addressed through democratic processes. He further warned against political rhetoric that portrayed judges as opponents of democratic will, stressing that such narratives risked undermining public confidence in institutions whose purpose was to uphold constitutional safeguards and protect the rule of law.<\/p>\n

International Commitments and Human Rights Frameworks<\/h2>\n

The discussion also examined the continuing role of international legal frameworks, including the European Convention on Human Rights (ECHR).<\/p>\n

Mr. David Gauke expressed support for the United Kingdom’s continued participation in the Convention system. While acknowledging that tensions occasionally arose between judicial interpretation and political priorities, particularly in areas such as immigration, he argued that the Convention provided an important framework for protecting rights and maintaining common standards across participating states.<\/p>\n

According to Mr. Gauke, withdrawal from the ECHR would represent a significant mistake and could weaken the United Kingdom’s ability to cooperate effectively with international partners. He nevertheless recognised that tensions between courts and elected governments would continue to arise and required careful management.<\/p>\n

Building upon those observations, Ms. Fiona Hill noted that governments increasingly faced the challenge of balancing commitments to human rights and liberal democratic values with the realities of a changing geopolitical environment. She observed that many emerging powers and strategically important states did not necessarily share the same legal traditions or institutional frameworks as Western democracies.<\/p>\n

In her view, governments would need to develop new approaches that allowed them to engage constructively with such states while preserving core democratic values and legal principles.<\/p>\n

Geopolitical Risk and the Corporate Response<\/h2>\n

Moving to the practical implications for businesses, Ms. Maeve Hanna<\/span> invited the panellists to consider how the growing convergence of law and politics was reshaping corporate decision-making.<\/p>\n

Mr. Dan Feldman<\/span> observed that geopolitical risk had increasingly become a legal risk. According to him, multinational businesses now operated in an environment where sanctions, investment screening regimes, trade restrictions, supply chain vulnerabilities and political instability required integrated legal and strategic responses.<\/p>\n

He explained that clients were increasingly seeking advice that combined legal analysis with geopolitical assessment, enabling them to anticipate downstream risks and navigate a rapidly evolving international environment. In his view, legal compliance could no longer be treated as a standalone exercise. Instead, businesses needed to evaluate how political developments might affect future regulatory obligations, commercial relationships and investment decisions.<\/p>\n

Mr. Feldman further noted that multinational companies were increasingly restructuring internal decision-making processes to address legal, political and geopolitical risks collectively rather than in isolation. He suggested that this represented one of the most significant changes in how businesses approached risk management.<\/p>\n

Business, Globalisation and Legal Stability<\/h2>\n

Reflecting on broader economic implications, Mr. David Gauke<\/span> observed that the rule of law remained one of the United Kingdom’s greatest strengths and continued to provide an important source of stability for businesses and investors.<\/p>\n

At the same time, he acknowledged that companies were increasingly operating in a world characterised by greater political uncertainty, fluctuating trade policies and the growing influence of populist movements. According to him, these developments created challenges for investors seeking predictability and long-term planning.<\/p>\n

Ms. Fiona Hill<\/span> similarly stressed the importance of stable legal frameworks at a time when governments were encouraging greater innovation and risk-taking, particularly in areas such as defence technology, artificial intelligence and advanced technologies. She suggested that strong institutions and respect for the rule of law provided the stability necessary for innovation and investment to flourish.<\/p>\n

Adding a further perspective, Mr. Dan Feldman<\/span> observed that many multinational companies continued to prioritise sustainability, governance and rights-related commitments despite changing political environments. He explained that such commitments were often driven not only by governments but also by employees, investors and consumers.<\/p>\n

According to Mr. Feldman, businesses increasingly recognised that legal certainty, institutional stability and respect for rights were ultimately beneficial to long-term commercial success.<\/p>\n

Practical Steps for Strengthening Trust in the Rule of Law<\/h2>\n

In the concluding segment of the discussion, the panellists were invited to identify practical steps that lawyers and businesses could take to strengthen trust in legal institutions.<\/p>\n

Mr. David Gauke<\/span> argued that the most important task was to explain why the rule of law mattered. He stressed that lawyers and institutions could no longer assume that public support for the rule of law would remain automatic. Instead, he suggested that greater effort was needed to demonstrate how legal stability benefited society, protected individual rights and supported economic prosperity.<\/p>\n

Ms. Fiona Hill<\/span> encouraged legal professionals to examine how their own areas of practice could adapt to technological and geopolitical change. Rather than focusing exclusively on emerging risks, she suggested that lawyers should consider how legal frameworks could evolve to remain effective in a rapidly changing world.<\/p>\n

For his part, Mr. Dan Feldman<\/span> emphasised the importance of integrated thinking. He argued that businesses, lawyers and policymakers could no longer address legal, political and geopolitical issues in isolation. He further suggested that the private sector had an important role to play in articulating the value of legal stability, democratic institutions and the rule of law, particularly in an era characterised by political polarisation and growing uncertainty.<\/p>\n

\"\"<\/p>\n

Conclusion<\/h2>\n

Bringing the discussion to a close, Ms. Maeve Hanna thanked the panellists for a far-reaching and thought-provoking examination of the challenges confronting the rule of law in an increasingly complex and uncertain world. While the discussion highlighted significant pressures arising from geopolitical competition, technological disruption, democratic backsliding, populist politics and declining trust in institutions, the panellists consistently emphasised that the rule of law remained indispensable to democratic governance, economic prosperity and international cooperation.<\/p>\n

Throughout the session, Ms. Fiona Hill underscored the need for governments and institutions to adapt to a rapidly evolving global order without abandoning the principles that underpin democratic societies. Mr. David Gauke repeatedly stressed the importance of explaining the value of the rule of law to the public and resisting efforts to portray legal institutions as obstacles to effective governance. Mr. Dan Feldman highlighted the growing convergence of legal, political and geopolitical risk, observing that businesses and lawyers increasingly operate in an environment where legal certainty and institutional stability cannot be taken for granted.<\/p>\n

A common theme emerging from the discussion was that preserving the rule of law is no longer solely the responsibility of governments or courts. Rather, it requires sustained engagement from legislators, judges, lawyers, businesses and civil society alike. The panellists agreed that, at a time when constitutional norms and international institutions face unprecedented scrutiny, renewed efforts to communicate the practical value of the rule of law—and its role in protecting individual rights, supporting economic growth and maintaining social stability—are more important than ever.<\/p>\n

The session concluded on an optimistic note. While acknowledging the scale of the challenges ahead, the panellists expressed confidence that resilient institutions, informed public debate and continued commitment to legal principles would remain essential safeguards in preserving the rule of law in the decades to come.<\/p>\n

SCC Times extends its appreciation to Zehra Naqvi, EBC—SCC Online Foreign Student Ambassador and Lawyer, for her on ground presence, valuable assistance and contribution to the reporting of this event.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

From Brexit to the erosion of US institutional independence, a former Downing Street Chief of Staff, a former Lord Chancellor and a former US Ambassador agreed that the rule of law must now be actively defended — not assumed — at a time when legal institutions face unprecedented political challenge. Against the backdrop of geopolitical instability, growing political polarisation, rapid technological change and increasing challenges to democratic institutions, the future of the rule of law has become one of the most pressing questions confronting governments, businesses and legal practitioners worldwide. These themes took centre stage at London International Disputes Week (LIDW) 2026<\/span> during the session titled “The Intersection of Law and Politics — The Rule of Law under Pressure: How do we maintain the Rule of Law and constitutional norms in a world of increasing challenges?”<\/span><\/p>\n","protected":false},"author":67542,"featured_media":386103,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[97664],"tags":[106117,106115,106114,106118,30730,106113,106001,31360,9971,33443,34379,40043,106121,101996,66079,106116,106120,44707,16091,106119,65941,105359],"class_list":["post-386102","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-events-collaborations","tag-constitutional-norms","tag-dan-feldman","tag-david-gauke","tag-democratic-institutions","tag-echr","tag-fiona-hill-cbe","tag-geopolitical-risk","tag-governance","tag-human-rights","tag-international-law","tag-judicial-independence","tag-law-and-politics","tag-legal-stability","tag-lidw-2026","tag-london-international-disputes-week","tag-maeve-hanna","tag-political-polarisation","tag-public-trust","tag-rule-of-law","tag-rule-of-law-under-pressure","tag-scc-times","tag-scc-times-lidw-2026"],"yoast_head":"\nLIDW 2026: Fiona Hill, David Gauke & Dan Feldman on the Rule of Law Under Pressure<\/title>\n<meta name=\"description\" content=\"At LIDW 2026, Fiona Hill CBE, David Gauke and Dan Feldman discussed the growing pressures on the rule of law, democratic institutions, constitutional norms, geopolitical risk, judicial independence and the evolving relationship between law and politics.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2026\/06\/04\/lidw-2026-the-intersection-of-law-and-politics-rule-of-law-under-pressure\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"LIDW 2026 | Rule of Law Under Pressure: Fiona Hill, David Gauke and Dan Feldman on Populism, Democratic Backsliding and Geopolitical Risk\" \/>\n<meta property=\"og:description\" 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