[LINK] Australian Barrister Accuses ICANN of AntitrustViolations
Wed, 29 Nov 2000 04:39:34 +1100
> > You may not be aware but the Master of the Rolls, Lord Denning would have
> > taken the opposite approach in Britain and made up the law. He did it so
> > often that a great deal of our current law comes from just one well-placed
> > jurist.
> > Unlike Kirby J. who, in this case at least, seems to be rather timid.
Kirby J (the judge in this case) wrote an essay about Judicial Activism:
In this essay Kirby J quotes Lord Denning as saying:
"This argument about the novelty of the action does not appeal to me in the
least. It has been put forward in all the great cases which have been
milestones of progress in our law. In each of these cases the judges were
divided in opinion. On the one side there were timorous souls who were fearful
of allowing a new cause of action. On the other side there were the bold
spirits who were ready to allow it if justice so required. It was fortunate
for the common law that the progressive view prevailed".
Just after that, in the essay, Kirby said:
"There have always been in the law, as in life, Dixons and Dennings. The
expositors of settled doctrine. The reformers who push doctrine forward:
inventing new categories, reformulating concepts, extending the frontiers,
advancing with an energy derived from the perceived needs of justice.
Different ages tend to produce, and to elevate to the ascendancy, judges whose
inclinations are akin to those of Dixon or those of to Denning. That is why we
see, in an historical review of the history of the common law, periods of
creativity and energy; often followed by longer periods of and consolidation
So Kirby J decided he would be a "timorous soul". Almost my words.
And Len Lindon is a reformer like Denning. Good on him !!