Chapter

Scandalising the Court

Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780406176080.003.0005
Scandalising the Court

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When the judges of a court are criticised or defamed — or as it is put ‘scandalised’ — they can punish the offender. They do it, they say, not to protect themselves as individuals but to preserve the authority of the court. This chapter discusses various cases related to this topic. It was so stated in one of the most eloquent passages in the law books — in a judgment which was prepared but never delivered. The judge who was criticised, was one of the greatest. In the 1920s the offence of ‘scandalising the court’ was regarded as virtually obsolete. But it was revived in a case in 1928. The New Statesman had published an article criticizing Mr. Justice Avory. Proceedings were taken against the editor of the New Statesman for contempt of court. They did not send the editor to prison. They adjudged that he was guilty of contempt.

Keywords: scandalized; court; judgment; New Statesman; proceedings

Chapter.  1678 words. 

Subjects: Constitutional and Administrative Law

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