Government messaging on exercising during lockdown: A Rule of Law Analysis

About the Bingham Centre for the Rule of Law The Bingham Centre is an independent, non-partisan organisation that exists to advance the Rule of Law worldwide. [...] Established in 2010 as part of the British Institute of International and Comparative Law (BIICL), the Centre was brought into being to pursue Tom Bingham’s inspiring vision: a world in which every society is governed by the Rule of Law “in the interests of good government and peace at home and in the world at large.” The Rt Hon Lord Bingham of Cornhill KG was the pre-eminent UK judge of his gener. [...] • We carry out independent, rigorous and high quality research and analysis of the most significant Rule of Law issues of the day, both in the UK and internationally, including highlighting threats to the Rule of Law. [...] The Government’s guidance is more restrictive than the Regulations, repeating a pattern that has occurred throughout the pandemic.10 When discussing exercising outdoors, the guidance goes beyond the Regulations by limiting the distance that people should travel to exercise. [...] However, if the use of “should” is intended to distinguish advice from law, then this needs to be clearly stated at the start of the guidance in order to be of practical use.13 10 For instance, Government guidance at the start of the pandemic specified a limited list of purposes which were described as “the only reasons you should leave your home”.