IN JANUARY 1977 Thompson Denning, PC, Master of the Rolls, Baron Denning of "To every subject of this land, however powerful, I would use Thomas Fuller's words over 300 years ago, "Be you never so high that the law is above you"' Friday the Law decided. that Denning's judgement prohibiting the picketing of private steel firms was itseif 'above', outside and in defiance of 'the law'. trade union movement collective sigh of relief.
But don't breathe too soon. The same day, the news came that James Prior intends to overturn previous decision of the Law Lords in the 'MacShane' case.
This was the judgement involving. the National Union which had sanctioned boycotting of a company not directly involved in a pay claim. Pror is out to remove legal immunity from those workers who take industrial action in support of disputes that do not involve them.
In other words under Prior's law pickets like those at the private steel Will liable financial damages. Because pickets wouldn't have the money to pay such fines, that would mean jail. Chis means what the unions have ¡in the House roundabout, they could lose in the House of Commons.
What of Denning himself? Will the 81-year old judge, who has had yet of his turned, now be booted out? That would be rather difficult. To remove an appeal judge would require a vote in both Houses of Parliament. practice once someone judge he (well, more than 90 per cent of judges are male) is there for life.
Most of those who do become judges share the same upper background as Denning. In 1975, 68 per cent of the High Court judges appointed in the previous five years had been to public school.
1951 to 1968 EVEN if the Law Lords had upheld Denning. all signs thousands of have ignored his instructions.
Final was tac arall week five of the steel strike.
IN WARRINGION, Wednesday, Colin Herd, convenor of the town's ISTC:
told Socialist Challenge:
ignored Denning. If the appeal goes against us on Friday we'll still stay out.' Warrington been concentrating their efforts on Walker's. steel Blackbur, in Eirope. Colin maintained a 24 hour picket, with a minimum arrangements have been made for a task force of 200 to be lodged within ten miles of Blackburn in digs with local sympathetic trade unionists.
'We've had the support of flying pickets Rotherham and going to make an example of Waltake away the biggest brick xer 5 — and the rest will crumble.
In RISCA, SOUTH WALES the Denning ruling was totally ignored by Lianwern pickets outside the private steel plant. inspector and three constables told the pickets that under the terms of astonishingly low 1.2 per directly judges appointed working class most ruling class buddies.
Lords believe it.
get to cases it is REUSL who 'interpret' like Denning.
becomes a average, 50 class over 900.
That only an find themselves would message of strike committee, 'We've have stockholders the largest stockholders explained: 'We've and Stocksbridge, Shotton.
arrived gates of the Cashmore police enquiring anyone entering Cal background. This why people like Denning, even if it means breaking the existing law, can unions always be relied on to side with their Britain'.
But perhaps the fact that the Law Lords overturned Denning suggests that there is such a thing as good old unbiased British justice? Don't you The steel union was lucky to even the Law Lords in the first place. Only one in six of those who appeal to the Law Lords are giyen the right to have their appeal heard. In the Law Lords the law but judges The Law Lords deal with, on cases à yeah. The tive divisions of the Court of Appeal, over which Denning presides, handle means that if Prior's attempt to outlaw a whole series of traditional union rights is successful, pickets may — at some future time, appealing country of police brutality against steel workers.
Denning cent of | justice to Lord Denning. But they expect little mercy gentleman. Just 1291 year complained that, "The power of the perhaps the challenge rule of law What Denning and the rest of his class mean is that the power of the 12 million trade unionists in this country could prove a 'challenge to the rule' that un-elected he appointed people like himself.
And just because the Law Lords greatest ruled Denning off-side doesn't alter in the fact that in a democratically-run society neither Denning nor the Law Lords would have the right to make the decisions they have in the first place. over-nald.