Of Roaring Lions and Squeaking Mice!


In the tapestry of legal history, there are moments that echo with resonance, revealing the courage of those who refuse to be silenced. Consider the words of Francis Bacon, who likened judges to “Lions under the throne,” guardians of justice and truth. Yet, as time unfurled its chapters, another narrative emerged. In the famous Second World War case of Liversidge v Anderson, where Lord Atkin delivered his powerful dissenting speech, he commented on the arguments of the lawyers and stated that this level of reasoning would have been acceptable to the Court of Kings Bench in the time of Charles I (a monarchy) but not in a democracy! sadly, this reasoning was accepted by all of his brother judges. The subjective interpretation adopted by his brother judges who were then pleasing to politicians provoked a letter to Lord Atkin from Mr Justice Wintringham Stable. The letter expressed approval of Lord Atkin’s dissent, and then added:

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