WHEN A JUDGE SITS BOTH AS A JUDGE AND JURY

THE JUDGE MUST BE OBEDIENT TO THE WILL OF PARLIAMENT

Lord Denning, M.R., in DUPORT STEELS LTD v. SIRS (1980) 1 ALL E.R. 529, where it was said by Lord Scarman in his Speech at p. 551 (on an appeal from Lord Denning’s Lead judgment in that case) that: “But in the field of statute law the Judge must be obedient to the will of Parliament as expressed in its enactments. In this field Parliament makes and unmakes the law, the judge’s duty is to interpret and to apply the law, not to change it to meet the judge’s idea of what justice requires. Interpretation does, of course, imply in the interpreter a power of choice where differing constructions is possible. But our law requires that the judge choose the construction which in his judgment best meets the legislative purpose of the enactment. If the result is unjust but inevitable, the judge may say so and invite Parliament to reconsider the provision. But he must not deny the statute. Unpalatable statute may not be disregarded or rejected, merely because it is unpalatable. Only if a just result can be achieved without violating the legislative purpose of the statute may the judge select the construction which best suits his idea of what justice requires.”