“How should judges develop the common law where Parliament has ‘occupied the field’ through statutory regulation? This is an important enquiry, particularly given the modern prominence of legislation as a form of law-making in the sphere of labour law. In Johnson v Unisys, Lord Hoffmann controversially invoked constitutional principle to halt the development of the common law of wrongful dismissal in the face of a statutory right not to be unfairly dismissed. In many respects, Lord Hoffmann’s reasoning stands apart from an influential thesis that the common law should be developed naturally in the law of obligations …” (more, registration)
[University College London, December]
First posted 2014-12-10 13:28:13
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