“In the administration of justice, whether by a recognised legal Court or by persons who, although not a legal public Court, are acting in a similar capacity, public policy requires that, in order that there should be no doubt about the purity of the administration, any person who is to take part in it should not be in such a position that he might be suspected of being biassed.”

— William Brett, 1st Viscount Esher

Allinson v. General Council of Medical Education and Registration (1894), L. R. [1894], 1 Q. B. p. 758.

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "In the administration of justice, whether by a recognised legal Court or by persons who, although not a legal public Co…" by William Brett, 1st Viscount Esher?

William Brett, 1st Viscount Esher 16

British lawyer, judge and politician 1815–1899

Related quotes

“It is essential, when persons in trade come into this Court, that they should remember that the administration of equity is founded on perfect truth, and that if persons attempt to mislead the public by stating that which is not true, this Court will restrain them upon a clear case being made out against them.”

John Romilly, 1st Baron Romilly (1802–1874) English Whig politician and judge

Cocks v. Chandler (1871), L. R. 11 Eq. Ca. 449.

“It is no doubt true that in the administration of justice — whatever the context — the appearance of impartiality as well as its reality should always be our goal. Public confidence in the administration of justice necessarily depends on public understanding. All of this should virtually go without saying. Actions that create a perception of unfairness are to be avoided. But those who administer justice cannot be required to be the guarantor of the public perception of their work. Sometimes that perception is shaped largely by extraneous forces and circumstances that are beyond the control of those who administer justice. And I would suggest that it is a dangerous policy indeed to prohibit actions which the fair administration of justice in fact requires simply because some segment — however large — of the public judges those actions to be other than just. Adopting such a policy promises to reward those who seek to undermine the faithful administration of justice by false charges of unfairness.”

Charles T. Canady (1954) American politician and judge

Some Reflections on Impeachment: Remarks of Congressman Charles T. Canady to the Miami Lawyers Division of the Federalist Society http://www.fed-soc.org/publications/detail/some-reflections-on-impeachment-remarks-of-congressman-charles-t-canady-to-the-miami-lawyers-division-of-the-federalist-society (August 1, 1999)

“The object of the discipline enforced by the Court in case of contempt of court is not to vindicate the dignity of the Court or the person of the Judge, but to prevent undue interference with the administration of justice.”

Charles Bowen (1835–1894) English judge

Hellmore v. Smith (2) (1886), L. R. 35 C. D. 455.

“There is no higher principle for the guidance of the Court than the one that no act of Courts should harm a litigant and it is the bounden duty of Courts to see that if a person is harmed by a mistake of the Court he should be restored to the position he would have occupied but for that mistake.”

Mohammad Hidayatullah (1905–1992) 11th Chief Justice of India

Full Court Reference in Memory of The Late Justice M. Hidayatullah

“A member of the Bar is not entitled to refuse his services to anyone who seeks to employ him. He has been said to be like a cabman on the rank: it is his duty to place himself at the disposal of the first person who hails him and he has no right to exercise any discrimination… This principle also has its origin in the conception of the special position of the advocate in the public administration of justice. It is essential that no citizen should be unable to procure the adequate presentation of his case in Court, however unpopular or even unworthy he may be.”

Hugh Macmillan, Baron Macmillan (1873–1952) British judge

Source: A Man of Law's Tale (1952), At the Scottish bar, p. 132

“It is necessary to the administration of justice that every person who is accused of a crime should have an opportunity of being heard in his defence against the charge of which he is accused.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

The King v. Justices of Surrey (1794), 6 T. R. 78.

“As to proceedings in Courts of justice, it is for the interest of all the public to hear what takes place in Court.”

William Brett, 1st Viscount Esher (1815–1899) British lawyer, judge and politician

Pittard v. Oliver (1891), L. J. 60 Q. B. D. 221.

“The Public Administration neither comprises nor heads any branch of government but is subordinate to all three of them. Like Congress, president, and courts, the Public Administration makes its distinctive contribution in a manner consistent with its peculiar place, which is one of subordination.”

John Rohr (1934–2011) American political scientist

John Rohr (1990) "The constitutional case for public administration." In G. L. Wamsley et al. (eds.), Refounding public administration, Sage. p. 80

“What all this amounts to, then, is that the Rule of Law requires that administrative discretion in coercive action (i. e., in interfering with the person and property of the private citizen) must always be subject to review by an independent court which is not an instrument of, or even privy to, the aims of current governmental policy; that its review must in all such instances extend to the substance of the administrative act and not merely to the question whether it was infra or ultra vires; and that, if such a court finds that the rights of private citizens have been infringed, it will assess damages just as if the right of this person had been violated by another private citizen. This, in addition to the familiar requirements of generality, equality, and certainty of the law is really the crux of the matter, the decisive point on which it depends whether the Rule of Law prevails or not.”

Friedrich Hayek (1899–1992) Austrian and British economist and Nobel Prize for Economics laureate

Lecture III. The Safeguards of Individual Liberty - 19. Fundamental Rights and the Protected Private Sphere
1940s–1950s, The Political Ideal of the Rule of Law (1955)

“How long shall we blunder along without the aid of unpartisan and authoritative scientific assistance in the administration of justice, no one knows; but all fair persons not conventionalized by provincial legal habits of mind ought, I should think, unite to effect some change.”

Learned Hand (1872–1961) American legal scholar, Court of Appeals judge

Parke, Davis & Co. v. H. K. Mulford Co. (1911).
Judicial opinions

Help us to complete the source, original and additional information

William Brett, 1st Viscount Esher 16

Related quotes

Related topics