- Kenneth Diplock, Baron Diplock
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William John Kenneth Diplock, Baron Diplock, KC (8 December 1907 – 14 October 1985[1]) was an English judge and Law Lord.
Contents
Early life
Born the son of a Croydon solicitor, he attended Whitgift School and University College, Oxford, where he read chemistry and was later to become an Honorary Fellow.[2]
Career
Diplock was called to the bar by the Middle Temple in 1932 and made a Kings Counsel in 1948. In 1956, he was appointed to the High Court.[2]
He became a Lord of Appeal in Ordinary in 1968[1] and was elevated as a life peer with the title Baron Diplock, of Wansford in the County of Huntingdonshire to the House of Lords.[2]
As Lord Diplock, he chaired a commission set up in 1972 to consider legal measures against terrorism in Northern Ireland, which led to the establishment of the juryless Diplock courts with which his name is now associated.
At the time of his death, Lord Diplock was the longest serving Lord of Appeal.[1]
Contributions to legal thought
He made many contributions to legal thought and pushed the law in new and unique directions.
The current typology of grounds for judicial review is owing to Lord Diplock.
- Procedural impropriety[3]
- Nemo judex (Bias rule)[4]
- Audi alteram partem (Hearing rule)[5]
- Illegality[6]
- Ultra vires
- Simple ultra vires
- Extended ultra vires
- Procedural ultra vires
- Fettering
- Irrationality[6]
- Wednesbury irrationality
- Lack of proportionality
Notable judgments
- Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26[2]
- Harvela Investments Ltd v Royal Trust of Canada (CI) Ltd [1986] AC 207[2]
- Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
- Whitehouse v Lemon; Whitehouse v Gay News Ltd [1979] 2 WLR 281
- O'Reilly v Mackman [1983] 2 AC 237
See also
References
- ^ a b c Dickson, Brice (1989). "The Contribution of Lord Diplock to the General Law of Contract". Oxford Journal of Legal Studies 9 (4): 441. doi:10.1093/ojls/9.4.441. http://ojls.oxfordjournals.org/content/9/4/441.extract.
- ^ a b c d e Andrews, Neil (2011). Contract Law. Cambridge University Press. p. 681. ISBN 9780521124676. http://books.google.com.au/books?id=j-pIwAlqJkMC&pg=PA681&dq=%22Lord+Diplock%22+biography#v=onepage&q=%22Lord%20Diplock%22%20biography&f=false.
- ^ Woolf, Harry (1986). "The Role of the English Judiciary in Developing Public Law". William and Mary Law Review 27 (4): 675. http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2125&context=wmlr&sei-redir=1#search=%22%22Lord+Diplock%22+Procedural+impropriety%22.
- ^ Laws, John (October 1992). "Is the High Court the Guardian of Fundamental Constitutional Rights". Commonwealth Law Bulletin 18 (4): 1389. http://heinonline.org/HOL/Page?handle=hein.journals/commwlb18&div=76&g_sent=1&collection=journals.
- ^ Sacks, Vera; Maxwell, Judith (May 1984). "Unnatural Justice for Discriminators". The Modern Law Review 47 (3): 336–337. JSTOR 1095955.
- ^ a b Jowell, Jeffrey; Lester, Anthony (April 1988). "Beyond Wednesbury: Substantive Principles of Administrative Law". Commonwealth Law Review 14 (2): 859. http://heinonline.org/HOL/Page?handle=hein.journals/commwlb14&div=32&g_sent=1&collection=journals.
External links
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