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The law versus natural justice

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John Jackson (London, Mischcon de Reya): The reference to "natural justice" in the Daily Telegraph's leading editorial on 22nd August being debated in OurKingdom takes me back to 1948. Whilst waiting to take up my place as a law student at Queens' College Cambridge I had written to my future tutor asking for a list of recommended reading. In my letter I had emphasised my interest in the concept of natural justice. The reply listed a number of books and concluded with the words "with regard to your interest in natural justice, I should remind you that you will be coming to this college to study law not optimism." I soon discovered why he had said this. Law and justice have different roots and, although frequently and desirably intertwined,they can also strangle each other. I made another discovery. A least one Cambridge academic, learned in constitutional law, believed then that our unwritten constitution - with its supposed advantages of flexibility and dynamic evolution - was not designed (and did not need) to be understood by "ordinary people". The answer to the question "How are ordinary people to press for change to what they do not understand?" was "Our constitutional arrangements are a part of our great historical heritage and are not to be meddled with by those - including you, Jackson - who are unlikely to know what they are doing." I am still trying to change that!

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