Judge Warns Against Abuse Of State Powers

Chronicle (Levin), 5 November 1949, Page 5

Judge Warns Against Abuse Of State Powers

(N.Z.P.A.-

—Reuter.

, Copyright)

Received Friday 8.50 pja, LONDON, Nov. 4. A warning that the State 's new powers "must he watched" was given hy Lord Justice Denning in a lecture at the London University. The most significant feature of the present time, he said. was the increasing powers of the country's executives — "a complete departure from the principles hitherto in force'in England." They were an inseparahle part of modern society. No one would deny that England could not have reached her present standard of life without them. The prohlem was to see they were not ahused. "These powers involve interference with private rights and interests," he said. "And it is essential in a free community to strike a just halance hetween private rights and publics heneflt. The power to enter a man's house against his will is a power which must he watched with care. It aifects the personal freedom we value most the freedom of our homes." New powers of entry and search had heen ushered in hy the new age. "All this is a complete departture from the principles hitherto in force in England. "What is to happen if government officers ahuse their powers? Is there any remedy under the law? If there is none, our freedom would he seriously impaired. But there is a remedy, and that may he one of the reasons why so few ahuses have occurred. Judges of three centuries ago laid down the principles that are just as applicahle in these days." New powers properly exercised led to the welfare of the State, and ahused, to the totalitarian State. "It must he the duty of the courts to see that this will never he."