Special Report Transcript Episode 72, Section 4, Time 42:48

And the majority of judges adopted an approach which said that they should interpret the law in accordance with the actual intentions of the legislature and they took those actual intentions to be contained in those intimations. A small minority of judges did something much more noble; they forced the government or tried to force the government to declare in its legislation very explicitly that it wanted to operate not in accordance with the rule of law. And so what the government had was a bunch of tamed judges who would interpret legislation in the way that it wanted, but because the government wasn’t very explicitly stating what it wanted, it could say it was still operating in accordance with the rule of law.

Notes: David Dyzenhaus

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