Rebuilding Britain: A Survey of Problems of Reconstruction After the World WarHopkinson, Alfred, Sir
History
Rebuilding Britain: A Survey of Problems of Reconstruction After the World War
Hopkinson, Alfred, Sir
Reconstruction (1914-1939) -- Great Britain
Another step needed to aid Law Reform would be the appointment of a
Minister of Justice, whose business it would be to consider proposed
reforms, to see that they were put into proper shape and to assist in
getting them passed. The same Minister might have the duty of attending
to arrangements for the convenient and prompt administration of justice,
but should have no judicial functions of any kind and should not
interfere in any way with the action of the Courts. It is impossible to
guard too jealously against substituting decisions of any department of
Government for the law of the land as declared and administered by the
regular Courts of Justice. Mr. Samuel Garrett, the President of the Law
Society, dealt with the question very fully in January, 1918, in an
address which has since been published. We may view the establishment of
another new Ministry with something like horror, but a strong case is
made out for it here. Definite functions are suggested for such a
Ministry, and it is probable that it might in the long run save expense
as well as promote efficiency. Mr. Garrett very forcibly says:
"Law Reform hangs fire for want of an officer of State armed with the
power of conducting the necessary inquiries and investigations, and
supplying the necessary driving force to initiate and prepare the
requisite legislative measures and to pass them through Parliament, and
with strength to overcome the _vis inertiae_ of a preoccupied and
ill-informed public and the active opposition of vested interests.
Without such an officer the cause of reform is hopeless." It is now and
in the immediate future that such reform is, and will be, most pressing.
A reformed is naturally also a reforming Parliament as it was after
1832.
There are a large number of reforms in the law which ought to be taken
in hand at once. The nature of the amendments needed is clear; all that
is required is that they should be brought in proper form before
Parliament, and that the Government should use its influence to get them
passed. It would be difficult for the Lord Chancellor to see to this
work efficiently and regularly along with his other duties, and it is
certainly impossible for the Law Officers, whose duty it is to represent
the Crown in the Courts and to advise the Government on questions of
law, to undertake this duty. It could be done if a capable solicitor or
barrister who had experience of cases relating to property, not just a
successful advocate but a lawyer well acquainted with the practical
difficulties which make amendment in the law desirable, were put in
charge of the work.
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