William John Kenneth Diplock, Baron Diplock (8 December 1907–14 October 1985) was an English
judgeA judge, or arbiter of justice, is a lead official who presides over a court of law, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is like an umpire in a game and...
and Law Lord.
Early life
Born the son of a
CroydonCroydon is a major commercial centre in Greater London and the principal settlement of the London Borough of Croydon. It is south of Charing Cross, and is one of the major metropolitan centres identified in the London Plan...
solicitor, he attended
Whitgift SchoolWhitgift School is an independent day school educating approximately 1,200 boys aged 10 to 18 in South Croydon, London in a parkland site.- History and grounds :...
and
University CollegeUniversity College , is one of the constituent colleges of the University of Oxford in England...
,
OxfordOxford is a city, and the county town of Oxfordshire, in South East England. The city has a population of just under 165,000, with 151,000 living within the district boundary. The rivers Cherwell and Thames run through Oxford and meet south of the city centre...
, where he was later to become an Honorary Fellow.
Career
He became a
Lord of Appeal in OrdinaryLords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
in 1968 and was elevated as a
life peerIn the United Kingdom, life peers are appointed members of the Peerage whose titles may not be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
with the title
Baron Diplock, of Wansford in the County of
HuntingdonshireHuntingdonshire is a local government district of Cambridgeshire, covering the area around Huntingdon. Historically it was a county in its own right...
to the
House of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords". Parliament comprises the Sovereign, the House of Commons , and the Lords...
.
As Lord Diplock, he chaired a commission set up in 1972 to consider legal measures against
terrorismTerrorism is the systematic use of terror especially as a means of coercion.At present, there is no internationally agreed definition of terrorism...
in
Northern IrelandNorthern Ireland is a part of the United Kingdom of Great Britain and Northern Ireland and it is situated in the north-east of the island of Ireland. It shares a border with the Republic of Ireland to the south and west...
, which led to the establishment of the
juryA jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment...
less
Diplock courtsThe Diplock courts were a type of court established by the Government in Northern Ireland in 1972, in an attempt to overcome widespread jury intimidation associated with the Troubles. The right to trial by jury was suspended for certain "scheduled offences" and the court consisted of a single judge...
with which his name is now associated.
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
- Nemo judex
Nemo iudex in causa sua is a Latin phrase that means, literally, no-one should be a judge in their own cause. It is a principle of natural justice that no person can judge a case in which they have an interest...
(Bias rule)
- Audi alteram partem
Audi alteram partem is a Latin phrase that means, literally, hear the other side. It is most often used to refer to the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against him."Audi alteram partem" is...
(Hearing rule)
- Illegality
- Ultra vires
Ultra vires is a Latin phrase that literally means "beyond the powers". Its inverse is called intra vires, meaning "within the powers"...
- Simple ultra vires
- Extended ultra vires
- Procedural ultra vires
- Fettering
- Irrationality
- Wednesbury irrationality
- Lack of proportionality
Famous judgments
External links