Principles of Law

Principles of Law

Introduction

Lord Denning was a pioneering? rarely controversial and unquestionably a great Judge of the 20th century? Lord Alfred Thompson Denning? commonly known as "Tom Denning" was born on 23-1-1899 at Whitchurch in Hampshire. He departed on 5-3-1999. After completing 100 years of age? he left us leaving behind him a plethora of precedents? several memorable judgments and numerous thought-provoking books.

Discussion

The contribution of Lord Denning will never be forgotten by the legal world. Take any branch of law and you will find judgments of Lord Denning. Be it contract or tort? equity or trust? family matters? landlords and tenants? town planning? housing development? labour law? interpretation of statutes? administrative law or constitutional law? there are bound to be important decisions of Lord Denning.

Lord Denning believed in doing justice full and complete. He? therefore? interpreted statutory provisions in the light of the ultimate goal to be achieved? which was justice. In spite of the limitations of a Judge? according to him? it was possible to do justice to the cause by interpreting law as required in the case on hand. In his words?

"a Judge must not alter the material of which it is woven but he can and should iron out the creases".[2]

Though the House of Lords did not approve of the view of Lord Denning and described it as "a naked usurpation of the legislative function"? [3] it cannot be gainsaid that in interpreting a statute; a Judge should not be oblivious and ignorant of justice.

In upholding the right of locus standi? Lord Denning did not stick to the traditional view of a "person aggrieved". He evolved the concept of "sufficient interest of an applicant who approaches a court of law". [4]

In R. v. Greater London Council? ex parte Blackburn [5] prohibition was sought restraining the Council from illegally exhibiting pornographic films. The locus standi of Blackburn was challenged. Negativing the contention and upholding the locus standi of the applicant? Lord Denning observed:

"If Blackburn had no sufficient interest? no other citizen had and in that event no one would be able to bring an action for enforcing the law and transgression of law would continue unabated."

Though the House of Lords reversed the decision of Lord Denning? [6] in his well-known work [7]? Lord Denning said:

“I must confess that whenever an ordinary citizen comes to the Court of Appeal and complains that this or that government department - or this or that local authority - or this or that trade union - is abusing or misusing its power - I always like to hear what he has to say."

Reiterating the test of Lord Hewart? C.J. [8]? that

"Justice should not only be done but manifestly and undoubtedly be seen to be done"

And of Lord Bowen? J. [9] that

"Judges? like Caesar's wife must be above suspicion"

Lord Denning said:

"Reason is plain enough. Justice must be rooted in confidence and confidence is destroyed when right-minded people go away thinking 'the Judge was biased'."[10]

Often the concept of "natural justice" was criticised ...