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Page 214

THE ADMINISTRATION OF JUSTICE

In Britain itself the judiciary has not infrequently exceeded its proper functions. By reference to its own principles it has been able sometimes seriously to modify the principles of public policy even when these have been clearly enunciated by the Government and accepted by the Commons in proper statutory form. "Sir Frederick Pollock has said that many judicial opinions are unintelligible save upon the assumption that the judges did not like the effect of the legislation they were asked to interpret, and did their best to construe it away."(1) This has been and is especially true of law relating to the improvement of working-class conditions, especially when it imposes obligations on the employer. One of the most patent examples of this is the failure of the courts to understand or to accept the idea of workmen's compensation.(2) "No one can read judge Parry's admirable analysis of the decisions," as Professor Laski says, "without seeing that, especially, the Court of Appeal was seeking deliberately to whittle down its consequences to a minimum in order to protect a social interest which, as it thought, had been unfairly invaded. I do not doubt the sincerity of the Court of Appeal;" he adds, "I only ask you to note the way in which its prejudices triumphed over the plain intent of statute."(3) There are, of course, many other examples. The Osborne judgment and the judicial invention of the doctrine of common employment were eventually reversed by legislation, but in the meanwhile they imposed barriers to working-class liberties no less effective than if a responsible government had decided to command them. The general trend of such interpretation has been, with perfect sincerity, in a single direction conservative of the

1 H. J. Laski, "The Judicial Function," in Polizica, 1936, p. 122.
2 Sir E. Parry, The Gospel and the Law, 1928, pp. 118 et seq.
3 H. J. Laski, Justice and the Law, 1930, p. 7.

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where is HTML where is HEAD where is TITLE In Britain itself what is judiciary has not infrequently exceeded its proper functions. By reference to its own principles it has been able sometimes seriously to modify what is principles of public policy even when these have been clearly enunciated by what is Government and accepted by what is Commons in proper statutory form. "Sir Frederick Pollock has said that many judicial opinions are unintelligible save upon what is assumption that what is judges did not like what is effect of what is legislation they were asked to interpret, and did their best to construe it away."(1) This has been and is especially true of law relating to what is improvement of working-class conditions, especially when it imposes obligations on what is employer. One of what is most patent examples of this is what is failure of what is courts to understand or to accept what is idea of workmen's compensation.(2) "No one can read judge Parry's admirable analysis of what is decisions," as Professor Laski says, "without seeing that, especially, what is Court of Appeal was seeking deliberately to whittle down its consequences to a minimum in order to protect a social interest which, as it thought, had been unfairly invaded. I do not doubt what is sincerity of what is Court of Appeal;" he adds, "I only ask you to note what is way in which its prejudices triumphed over what is plain intent of statute."(3) There are, of course, many other examples. what is Osborne judgment and what is judicial invention of what is doctrine of common employment were eventually reversed by legislation, but in what is meanwhile they imposed barriers to working-class liberties no less effective than if a responsible government had decided to command them. what is general trend of such interpretation has been, with perfect sincerity, in a single direction conservative of what is 1 H. J. Laski, "The Judicial Function," in Polizica, 1936, p. 122. 2 Sir E. Parry, what is Gospel and what is Law, 1928, pp. 118 et seq. 3 H. J. Laski, Justice and what is Law, 1930, p. 7. where is meta name="keywords" content="old books, Free book , free book offer , free audio books , free coloring book pages , free book reports , free audio book , audio books free download , book free , free guest book , books free , free book summaries , download free audio books , free childrens books." where is where are they now rel="stylesheet" type="text/css" href="../../style.css" where is meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" where is BODY bgColor=#ffffff text="#000000" where are they now ="#000000" v where are they now ="#FF0000" where is div align="center" where is strong where is strong where is a href="http://www.aaoldbooks.com" Books > where is a href="../default.asp" title="Book" Old Books > where is strong where is a href="default.asp" The British Constitution (1938) where is table width="700" border="1" align="center" cellpadding="15" cellspacing="0" where is center where is tr where is td width="160" align="center" valign="top" where is div align="center" where is td align="center" valign="top" where is div align="left" where is div align="center" where is p align="left" Page 214 where is strong THE ADMINISTRATION OF JUSTICE where is p align="justify" In Britain itself what is judiciary has not infrequently exceeded its proper functions. By reference to its own principles it has been able sometimes seriously to modify what is principles of public policy even when these have been clearly enunciated by the Government and accepted by what is Commons in proper statutory form. "Sir Frederick Pollock has said that many judicial opinions are unintelligible save upon what is assumption that what is judges did not like what is effect of what is legislation they were asked to interpret, and did their best to construe it away."(1) This has been and is especially true of law relating to what is improvement of working-class conditions, especially when it imposes obligations on what is employer. One of what is most patent examples of this is what is failure of what is courts to understand or to accept what is idea of workmen's compensation.(2) "No one can read judge Parry's admirable analysis of what is decisions," as Professor Laski says, "without seeing that, especially, the Court of Appeal was seeking deliberately to whittle down its consequences to a minimum in order to protect a social interest which, as it thought, had been unfairly invaded. I do not doubt what is sincerity of what is Court of Appeal;" he adds, "I only ask you to note what is way in which its prejudices triumphed over what is plain intent of statute."(3) There are, of course, many other examples. what is Osborne judgment and what is judicial invention of what is doctrine of common employment were eventually reversed by legislation, but in what is meanwhile they imposed barriers to working-class liberties no less effective than if a responsible government had decided to command them. what is general trend of such interpretation has been, with perfect sincerity, in a single direction conservative of what is 1 H. J. Laski, "The Judicial Function," in Polizica, 1936, p. 122. 2 Sir E. Parry, what is Gospel and what is Law, 1928, pp. 118 et seq. 3 H. J. Laski, Justice and what is Law, 1930, p. 7. where is Server.Execute("_SiteMap.asp") %

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