Law -- England; Poor -- England; Poor laws -- England; Working class -- England
If I have not made myself clear, imagine yourself bringing an action
against a trade union, and finding when you came into court that a
well-known ex-Labour M.P. was on the bench, that the jury were chosen
entirely from the working classes, and that you were only allowed to be
represented by a next friend chosen from the ranks of a particular trade
union.
Would you, under circumstances of this kind, even if you were convinced of
the honesty and sincerity of every portion of the tribunal, feel that
sense of security in its right decision which is so essential in a
community where law should be respected?
And that this is a real trouble and that the Courts are aware of its
existence was shown in a recent judgment of Lord Sumner in the Court of
Appeal. A learned judge in the Court below in correctly directing the jury
as to the effect of the Trades Disputes Act had "added some remarks
pointedly expressed which were indirectly a criticism of the Act and
substantially a statement to the jury that a person who availed himself of
the defence afforded by the Act was setting up a dishonest defence." These
remarks Lord Sumner described as "inopportune, detrimental to the
defendant's case and, perhaps worst of all, irrelevant." He concluded with
quaint sarcasm: "A judge in charging a jury could never safely indulge in
irrelevant observations because he could not be sure that the jury would
be sufficiently logical to take no notice of them." I intend asking the
Office of Works to have that painted up on the walls of my Court. It is
worthy of letters of gold. Irrelevancy is certainly the worst of sins and
it is a natural vice in most of us only to be kept down by prayer and
fasting from the practice of it. We all dislike some Act of Parliament;
the Insurance Act, the Ground Game Act, the Finance Act--none is so
perfect that it has not some judicial enemies. And it is certainly very
tempting when you meet the fellow in Court to give him a bit of your mind.
But it must not be. The Legislature is our schoolmaster. Outside in the
playground and on vacation we can express our opinions about him freely,
but in school--No!
Lord Sumner is perfectly right and when he next speaks on this subject I
wish he would point out with authority that this human habit of
irrelevancy is the constitutional reason for maintaining the grand jury.
For centuries the King's Bench judges have worked off their natural
irrelevancy in charging the grand juries at assize towns to the great
benefit of themselves and the local papers. This national safeguard, this
barrier between judicial irrelevancy and the public at large, should not
be removed in a careless spirit. Our forefathers knew a thing or two. The
grand jury is really a sound instrument of constitutional mechanics. It is
the safety valve for the blowing off of judicial steam.
Public-domain text, read in full here on John Shaqi.
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