Our laws are being disregarded right and left. The mobs are out. The police are being subjected to violence. Intimidation and violence are contrary to the law of the land. It should be condemned by every responsible citizen. We have the finest police force in the world. It is under the Queen that they defend our laws, and it is under the Queen that we should support them.
British judge (1899-1999)
The Right Honourable Alfred Thompson Denning, Baron Denning, OM, PC (23 January 1899 – 5 March 1999), most commonly referred to as Lord Denning, was a British barrister from Hampshire who became Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales).
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Old Peter Beswick was a coal merchant in Eccles, Lancashire. He had no business premises. All he had was a lorry, scales, and weights. He used to take the lorry to the yard of the National Coal Board, where he bagged coal and took it round to his customers in the neighbourhood. His nephew, John Joseph Beswick, helped him in his business. In March 1962, old Peter Beswick and his wife were both over 70. He had had his leg amputated and was not in good health. The nephew was anxious to get hold of the business before the old man died. So they went to a solicitor, Mr. Ashcroft, who drew up an agreement for them.
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So there was Mr. Jarvis, in the second week, in this hotel with no house party at all, and no one could speak English, except himself. He was very disappointed, too, with the skiing. [...] There were no ordinary length skis. There were only mini-skis about 3 ft. long. So he did not get his skiing as he wanted to. [...] He did not have the nice Swiss cakes which he was hoping for. The only cakes for tea were potato crisps and little dry nut cakes. The yodler evening consisted of one man from the locality who came in his working clothes for a little while, and sang four or five songs very quickly. [...] Mr. Jarvis has only a fortnight's holiday in the year. He books it far ahead, and looks forward to it all that time. He ought to be compensated for the loss of it.
This is the first case in which in this court we have had to consider the Treaty of Rome. It comes about because of a tin can. If you should go for a picnic or camping, you will be likely nowadays to take with you something to boil water. One of the most useful is a tin can containing butane gas in liquid form. It is a small round tin, 3½ inches high and 3½ inches in diameter, with a domed top. The tin is completely airtight. When you want to use it, you fit it into a holder, pierce the top, and light the flame. It is a very ordinary sort of tin, but the first one of its shape was made by a French company called Application des Gaz S.A. I will call the company the "French Gaz" company, and the tin the "Gaz" tin. There is no copyright in the tin. But there is, or may be, copyright in a drawing of it which was made beforehand. The drawing was made by M. Robert Faure, a French citizen. He made it 18 years ago. France is, of course, a member of the Copyright Convention. French citizens are entitled to the protection of our copyright law, just as our own citizens.
As a result of these [trade union] disputes, many innocent persons are injured and many lose work and wages without any fault on their part. The whole community is struck at. It is all very well to talk of the right to strike, but I know of no law which gives any man, or group of men, the right to strike at the community at large. It is nothing more than a claim to the right to inflict suffering on innocent persons in order to achieve their own ends. That is the state of affairs which cannot be tolerated in any civilized community.
Our English Parliament says that Spaniards fish in our waters by quota. The Europeans say that's illegal by their law. It's no longer English waters, if you please ... It's European waters. All can come into your European waters. They've got to reverse an Act of Parliament to do that and I say they have no right whatsoever to do it. They were never given the right by treaty to overrule our sovereignty. That's only done by the courts themselves who are manned by pan-Europeans. Their decisions are all influenced by their ideology. ... It's quite plain that these pan-Europeans do not go by the words of the treaty. That's why I don't think there's much chance of altering things. I'd rather go with John of Gaunt — England, "This land of such dear souls, this dear, dear land,/Dear for her reputation through the world,/Is now leased out, I die pronouncing it,/Like to a tenement or pelting farm". That's what I feel like now. I'm getting old. That's what we are, a tenement of Europe. I die pronouncing it.
What is the argument on the other side? Only this, that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand still whilst the rest of the world goes on; and that will be bad for both.
The statute in section 3(1) contains a definition of a “racial group”. It means a “group of persons defined by reference to colour, race, nationality or ethnic or national origins.” That definition is very carefully framed. Most interesting is that it does not include religion or politics or culture. You can discriminate for or against Roman Catholics as much as you like without being in breach of the law. You can discriminate for or against Communists as much as you please, without being in breach of the law. You can discriminate for or against the “hippies” as much as you like, without being in breach of the law. But you must not discriminate against a man because of his colour or of his race or of his nationality, or of “his ethnic or national origins.” … You must remember that it is perfectly lawful to discriminate against groups of people to whom you object - so long as they are not a racial group. You can discriminate against the Moonies or the Skinheads or any other group which you dislike or to which you take objection. No matter whether your objection to them is reasonable or unreasonable, you can discriminate against them - without being in breach of the law.’}}
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In 1977 the black-out was lifted. It was done by R.S.C., Ord. 53. The curtains were drawn back. The light was let in. Our administrative law became well-organised and comprehensive. It enabled the High Court to review the decisions of all inferior courts and tribunals and to quash them when they went wrong. And what is more, it enabled the High Court to award damages and grant declarations. No longer is it necessary to bring an ordinary action to obtain damages or declarations. It can all be done by judicial review. This new remedy (by judicial review) has made the old remedy (by action at law) superfluous.
Fundamental to our constitution is the supremacy of the Queen in Parliament and that our laws should be enacted by Parliament, by its authority in regulations, or indeed by judges in declaring the common law. That is what I understand is meant by the supremacy and sovereignty of the Queen in Parliament. I hope to show you in the course of my observations that that sovereignty is being eroded and that we are coming under another sovereignty—that of Europe and of the Council of Ministers. That is the challenge we face today.
The English are no longer a homogeneous race. They are white and black, coloured and brown. They no longer share the same standards of conduct. Some of them come from countries where bribery and graft are accepted as an integral part of life and where stealing is a virtue so long as you are not found out... They will never accept the word of a policeman against one of their own.
To some this may appear to be a small matter, but to Mr. Harry Hook, it is very important. He is a street trader in the Barnsley Market. He has been trading there for some six years without any complaint being made against him; but, nevertheless, he has now been banned from trading in the market for life. All because of a trifling incident. On Wednesday, October 16, 1974, the market was closed at 5:30. So were all the lavatories, or 'toilets' as they are now called. They were locked up. Three quarters of an hour later, at 6:20, Harry Hook had an urgent call of nature. He wanted to relieve himself. He went into a side street near the market and there made water, or 'urinated' as it is now said. No one was about except one or two employees of the council, who were cleaning up. They rebuked him. He said: 'I can do it here if I like'. They reported him to a security officer who came up. The security officer reprimanded Harry Hook. We are not told the words used by the security officer. I expect they were in language which street traders understand. Harry Hook made an appropriate reply. Again, we are not told the actual words, but it is not difficult to guess. I expect it was an emphatic version of 'You be off'. At any rate, the security officer described them as words of abuse. Touchstone would say that the security officer gave the 'reproof valiant' and Harry Hook gave the 'counter-check quarrelsome'; As You Like It, Act V, Scene IV. On Thursday morning the security officer reported the incident. The market manager thought it was a serious matter. So he saw Mr. Hook the next day, Friday, October 18. Mr. Hook admitted it and said he was sorry for what had happened. The market manager was not satisfied to leave it there. He reported the incident to the chairman of the amenity services committee of the Council. He says that the chairman agreed that 'staff should be protected from such abuse'. That very day the market manager wrote a letter to Mr. Hook, banning him from trading in the market.