NCJ Number
50093
Date Published
1978
Length
224 pages
Annotation
THE POLITICAL ROLE OF THE JUDICIARY IN DECISIONMAKING IN ENGLAND IS EXAMINED. THE JUDICIARY ITSELF, CASES IN WHICH JUDICIAL DECISIONS HAD POLITICAL IMPLICATIONS, AND THE INEVITABILITY OF POLITICAL INVOLVEMENT ARE STUDIED.
Abstract
THE COMMON LAW IN ENGLAND IS MADE AS JUDGES DECIDE CASES AND STATE THE PRINCIPLES ON WHICH THEY BASE THEIR DECISIONS. THIS TEXT EXAMINES THE POLITICAL APPOINTMENT OF JUDGES AND PROVIDES DATA TO SHOW THAT BETWEEN 1820 AND 1968 JUDGES HAVE BEEN APPOINTED ALMOST EXCLUSIVELY FROM ONE SOCIAL CLASS. THE ASSIGNMENT OF JUDGES TO COMMISSIONS, COMMITTEES, ADMINISTRATIVE TRIBUNALS AND OTHER AREAS OF POLITICAL EXTRAJUDICIAL ACTIVITY IS CONSIDERED. CASES INVOLVING INDUSTRIAL PERSONAL, AND PROPERTY RIGHTS, CONSPIRACY, AND TRADE AND STUDENT UNIONS IN WHICH JUDICIAL DECISIONS HAD POLITICAL IMPLICATIONS ARE EXAMINED. THE FINAL SECTION REVIEWS THE CREATIVE FUNCTION OF THE JUDICIARY IN INTERPRETING THE LAW AND ITS TRADITIONAL POLITICAL ROLE. JUDGES IN ENGLAND HAVE DEFINED THE PUBLIC INTEREST FROM THE VIEWPOINT OF THEIR OWN CLASS, WHICH IS ALSO THE CLASS OF THE GOVERNING GROUP. IT IS SUGGESTED THAT THE FUNCTION OF THE JUDICIARY IS TO SUPPORT THE INSTITUTIONS OF THE GOVERNMENT AS ESTABLISHED BY LAW, AND SO JUDGES CAN RELY ON THE LEGITIMACY OF THEIR DECISIONS. (DAG)