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).
From: Wikiquote (CC BY-SA 4.0)
Native Name:
Alfred Denning
Alternative Names:
Tom Denning
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Lord Denning
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Lord Denning MR
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Denning LJ
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There are many things in life more worth while than money. One of these things is to be brought up in this our England, which is still "the envy of less happier lands". I do not believe it is for the benefit of children to be uprooted from England and transported to another country simply to avoid tax... Many a child has been ruined by being given too much. The avoidance of tax may be lawful, but it is not yet a virtue.
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.
"The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail—its roof may shake—the wind may blow through it—the storm may enter—the rain may enter—but the King of England cannot enter—all his force dares not cross the threshold of the ruined tenement." So be it—unless he has justification by law.
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.
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.
[The European Court of Justice is impudent and] a French court, dominated by continental thinking. The judicial thinking in the European court is entirely contrary to the English system of justice. It was started by the French and the court thinks in continental ideas; the Germans are coming in too. It is dominated by continental thinking.
Our sovereignty has been taken away by the European Court of Justice...Our courts must no longer enforce our national laws. They must enforce Community law...No longer is European law an incoming tide flowing up the estuaries of England. It is now like a tidal wave bringing down our sea walls and flowing inland over our fields and houses—to the dismay of all.
People say I am eccentric and frail. Well, I may be frail in body and hearing, but I hope my state of mind is as alert as ever it was and I am going to speak my mind as freely as I have ever done. I am a common man and I speak for the common people of England and from the letters I receive, the great majority agree with me.
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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.