The final chapter

Author: (English) Lord Denning, translated by Liu Yong'an et al. / Country:
Publisher:
Publishing Date: 2000-12-01
Features:
Excerpt (3) Justice and Certainty, Should the High Court Justices of the House of Lords strive for justice, or should they choose certainty? In the 1950s, under the influence of Lord Simonds, the law was static. But under the influence of Lord Reid, the law moderately developed. Now, the views of the High Court Justices of the House of Lords are different. Some favor certainty over justice, while others favor development over stagnation. Long ago, I clearly expressed my views. I often regard certainty as something elusive.
(3) No longer called "Hearings"
The judgments of the High Court Justices of the House of Lords have always been referred to as "hearings." This is because they usually held court in the legislative chamber of the House of Lords. When the High Court Justices delivered opinions, they resembled speeches in parliamentary debates. When a motion was submitted to the House of Lords for a final decision, it was similar to the proceedings after a debate. For example, a judgment of the Court of Appeal was submitted to the House of Lords for approval. "Obiter dictum" refers to the opinions expressed by judges when delivering judgments. These opinions are not important for the case and do not form part of the reasoning, nor do they create binding precedents. However, they can be cited as persuasive authority in later cases.
—Translator's Note: Those in favor should say "agree," and those opposed should say "disagree." Sometimes the judgment of the Court of Appeal is affirmed, and sometimes it is overturned. Now, judgments are absolutely no longer "hearings." The House of Lords no longer holds court in the legislative chamber but in a committee meeting room. There, they hear various statements. But when they issue judgments, they convene in the legislative chamber. Judgments are no longer speeches but several essays. These judgments cannot be expressed in oral language. They can only be submitted to the parties involved in the appeal. They are sometimes so complex that even reading them once is difficult, requiring word-by-word study and analysis. All of this inevitably prolongs the time taken for judgments. Every principle must be stated with various exceptions. Then, lawyers, judges, and legal scholars will study and comment on them, either expressing agreement or raising criticisms. Of course, criticisms are always made "with respect." "With respect" is a fashionable expression often used by the High Court Justices of the House of Lords when overturning the judgments of lower courts. They "express their disagreement with respect"—sometimes "with great respect," occasionally "with the utmost possible respect." It is merely a polite way of expressing complete disagreement.
VIII. Family During Christmas
In Christmas 1982, all the children and grandchildren came to spend the holiday with us, some arriving on Christmas Eve and others on Boxing Day. But on Christmas Day itself, we spent it with the young people in Beckenham. At that time, I wrote an article for the Sunday Mail. The article was slightly edited by the newspaper editor, but it was still my original content. It described how we celebrated Christmas when we were children compared to how we celebrate it now.