The shock of seeing a member of the royal family, Andrew Mountbatten-Windsor, in the back of a car after he was released from police custody will reverberate in British history for generations to come. The photograph by Phil Noble of Reuters that featured on our front page this week will send a powerful and welcome message, one that has been reinforced in a statement by the King: “The law must take its course.”
There will be those who question that course. Some will argue that the allegations of the sexual abuse of women and girls facilitated by Jeffrey Epstein, the American financier and convicted sex offender, are more serious than the vague charge of misconduct in public office in relation to the former Prince Andrew’s trade envoy role that prompted the police to act.
Others will say, and indeed have said, that the use of the power of arrest was not necessary in this case, as Mr Mountbatten-Windsor would not have refused to attend an interview voluntarily.
These, however, are second-order issues that can be addressed in due course. What is of paramount importance is the principle that no one in Britain is above the law. The last vestige of royal prerogative was swept away when Queen Elizabeth II started to pay income tax in 1993, and Britain accepted that the rule of law applies to everyone in the country, irrespective of their social or economic status.
The same principle applies, thank goodness, in the United States – the nation to which we are most prone to compare ourselves. This week’s ruling by the Supreme Court, overturning President Donald Trump’s tariffs, was a vindication of that principle – strengthened rather than diminished by Mr Trump’s graceless tirade against the six justices in the majority, calling them “a disgrace to the nation”, “fools” and “lapdogs” for the “radical left Democrats”.
Against the ravings of a bad loser, it is worth quoting the noble sentiments expressed by Justice Neil Gorsuch, who was nominated to the court by Mr Trump. His concurrence appeared almost personally addressed to the president: “Yes, legislating can be hard and take time. And, yes, it can be tempting to bypass Congress when some pressing problem arises. But the deliberative nature of the legislative process was the whole point of its design. Through that process, the nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or one man.”
Justice Gorsuch concluded: “If history is any guide, the tables will turn and the day will come when those disappointed by today’s result will appreciate the legislative process for the bulwark of liberty it is.”
Mr Trump has, naturally, cocked a snook at the court by announcing a new 15 per cent tariff on all imports – a measure that will probably be struck down and more quickly than this week’s ruling.
The US also faces a more serious “rule of law” problem than Mr Trump’s unconstitutional attempts to levy tariffs without the consent of Congress. Agents of ICE (Immigration and Customs Enforcement) appear to have been deployed by the president in something resembling a reign of terror, and the arc of justice is taking its time to bend towards ending it.
Yet this week’s Supreme Court ruling offers hope that the rule of law will eventually prevail on both fronts. It should also remind us in Britain how priceless our reputation for fair dealing truly is.
On Friday we reported that YTL, the Malaysian-based multinational company, will invest £4bn in Britain, including in the Aviva Arena, a new events venue in Bristol. “We love the UK and are pleased to be its largest Malaysian investor,” Francis Yeoh, its executive chair, said. He has previously praised Britain as a place “where the rule of law is the order of the day”.
The rule of law is no abstract principle. It is the guarantee of the rights of every member of society and the foundation of our prosperity.
