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8 - The right to be heard

from Part II - Themes

Published online by Cambridge University Press:  05 November 2015

Stephen Sedley
Affiliation:
University of Oxford
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Summary

If there are any self-evident truths in public law, one of them is the obligation of every decision-maker to learn both sides of a controversy before coming to a conclusion about it. Centuries of case-law say so; yet the twenty-first century has seen the principle steadily eroded. Are even the most basic principles artefacts of time and place?

“Everyone who decides anything”

Lord Loreburn, born Robert Reid in 1846, became a Liberal MP and in due course Attorney-General. A former supporter of the Boer cause, he became Lord Chancellor just before the great Liberal landslide of 1906, and in that capacity regularly presided in the Appellate Committee of the House of Lords. It was there that he delivered what Professor Wade later christened “Lord Loreburn's epitome” of the right to be heard:

… the Board of Education will have to ascertain the law and also to ascertain the facts. I need not add that in doing either they must act in good faith and listen fairly to both sides, for that is a duty lying upon everyone who decides anything. But I do not think they are bound to treat such a question as though it were a trial. … They can obtain information in any way they think best, always giving a fair opportunity to those who are parties in the controversy for correcting or contradicting anything prejudicial to their view.

Time and place

When it came to the legal status of women, the liberal Lord Loreburn was a dinosaur. In 1918 he moved the unsuccessful amendment which sought to remove from the Representation of the People Bill the section which was to give votes to women, making a speech of historic bigotry in the process. Nine years earlier, sitting judicially, he had held the legal disabilities of women to be so self-evident that

[i]t is incomprehensible … that anyone acquainted with our laws or the methods by which they are ascertained can think, if indeed anyone does think, there is room for argument on such a point.

Type
Chapter
Information
Lions under the Throne
Essays on the History of English Public Law
, pp. 159 - 171
Publisher: Cambridge University Press
Print publication year: 2015

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  • The right to be heard
  • Stephen Sedley, University of Oxford
  • Book: Lions under the Throne
  • Online publication: 05 November 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781316402863.010
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  • The right to be heard
  • Stephen Sedley, University of Oxford
  • Book: Lions under the Throne
  • Online publication: 05 November 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781316402863.010
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The right to be heard
  • Stephen Sedley, University of Oxford
  • Book: Lions under the Throne
  • Online publication: 05 November 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781316402863.010
Available formats
×