Friday, March 24, 2023

Judge is Not Free

 Judge is Not Free 


One must note that was stated in Nottinghamshire County Council v. Secretary of State for the Environment (1986) 1 All ER 199 (HL) : - 


"The Judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight-errant roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to 'the primodical necessity of order in the social life'. Wide enough in all conscience is the field of discretion that remains.”



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