Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI:

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This chapter tells how judges have evolved new principles to meet the contemporary situation. It is one of the best examples in recent times of the judicial role in Law Reform. The first — and most controversial — was the invention of the deserted wife's equity. Here, the author admits that it was he who was responsible for this. He was well supported for twelve years by his colleagues in the Court of Appeal, but scorned by commentators and in due course by the House of Lords. It is even now held up as an example of how not to reform the law. Yet this chapter ventures to suggest that it might have taken over forty years to obtain any protection for a deserted wife. It was only in 1978 that the Law Commission made their Report on the Matrimonial Home and they have yet to see a Bill before Parliament to implement it.

Keywords: Law Reform; deserted wife's equity; Court of Appeal; House of Lords; Law Commission

Chapter.  354 words. 

Subjects: Constitutional and Administrative Law

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