Earlier in the year, during the national steel industry strike, the House of Lords overturned a judgment of Lord Denning, MR, that sections of the industry unaffected by the trade dispute could be regarded as outside the Act and its amendments and that unions could be restrained in their application of immune activities to those firms. The decision apart, their Lordships in delivering judgment reaffirmed that only Parliament had power to make the Law it was not the function of Judges to do this, their's to interpret and apply the Law. In strict legal terms and applying to statutes and statutory instruments, this is true but in the widest sense, judges have been making law for centuries. Otherwise, from whence cometh the Common Law, one of the wonders of the world, if not from the mouths of H.M. Judges. Much of it is now enshrined in statute form, especially Criminal Law, but initially it was all judgemade. In most systems of human control and function, complete separation is rarely possible and when attempted the results have not been conspicuously successful.
British Food Journal – Emerald Publishing
Published: Mar 1, 1980
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