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6 Bus. L. Rev. 1 (1985)

handle is hein.kluwer/blr0006 and id is 1 raw text is: Editor Ruth Eldon BA January 1985 Vol 6 No 1 Editorial Advisory Board Roy M Goode OBE LLD Crowther Professor of Credit and Commercial Law, and Director of the Centre for Commercial Law Studies, Queen Mary College, University of London; Solicitor L C B Gower Former Vice-Chancellor and Professor of Law, University of Southampton; Special Research Adviser to the Department of Trade; Solicitor Frances Graupner MA(Oxon) Solicitor, Clifford-Turner E R Hardy Ivamy LLB PhD LLD Professor of Law in the University of London; Barrister Richard Mallows Solicitor, McKenna & Co Hubert Picarda BCL MA Barrister Norman Selwyn JP LLM Dip Econ(Oxon) ACIS Labour Law Consultant Kenneth R Simmonds Professor of International Law in the University of London Keith Walmsley LLB FCIS Solicitor in Commerce and Industry Editorial The Rule of Law The law has often been called an ass perhaps most recently and vociferously in connection with the prohibition on the Sunday opening of shops. The argument goes that this particular ban rests upon an archaic ideal of the Sabbath Day which no longer commands general support or respect; indeed, it is said to please only the small minority who adhere to the Lord's Day Observance Society, so that the directors of Heals, Debenhams and the other stores which opened for Sunday trading on December 9 last were striking a blow for common sense and meeting the needs of real life in this day and age. The first point which needs to be made is that the law in question is far from archaic, but was made by Parliament, after due deliberation, as recently as 1950. The second, which is doubtless approved by people who work in shops and by their t--de unions, is that they, like everyone else and regardless of the religious issues, need and no doubt deserve a day a week off work; and the costs of arranging for other or extra employees to work for the additional hours would result in unacceptable increases in prices. This much is probably generally acceptable. Where the law starts to become an ass is where the principle of Sunday closing has been weakened to allow certain types of Sunday trading. Thus the Shops Act 1950 prevents a general photographic shop from opening, but makes an exception for passport photographers. Other relaxations allow the sale of fodder for horses, mules and donkeys, and the sale, despatch and delivery of goods to a club. Funeral directors and undertakers may trade on Sundays (it is a comfort to know that) and so may shops selling Kosher meat, provided they are closed on Saturdays. Each relaxation was doubtless made for a good reason, but the sum total of individual anomalies, some of which are quite ludicrous, has led Lady Trumpington to introduce a Bill into the House of Lords to allow shops to open on Sundays as they please. But a Bill is only a proposal, not law, and there can be no question whatever that the maintenance of the rule of law is a matter of far greater moment than the wishes of any number of shopkeepers to open and shoppers to shop on a Sunday. The third and much the most important point is that the law must be obeyed by all and applied equally to all without fear or favour, which is a principle fundamental to maintaining a free society. What is most objectionable about Mr Arthur Scargill's handling of his present miners' strike is the contempt for the law which has consistently been shown - beside that the issues are Continued on inside back cover Business Law Review lanuary 1985 1 Business Law Review Contents In Perspective Competition Law - II: The EEC 3 Practice Interest as a Head of Damage 8 Far East Directors' Fiduciary Duties in Malaysia and Singapore 10 Sale of Goods In Place of Merchantability 23 Consumer Law Consumer Protection and the Courts 25 Company Law Accountability Evolving 28 Pension Law The Consultative Process and the Social Security Bill 31 City Newsletter Infobank Book Reviews © 1985, Graham & Trotman Editorial Office Graham & Trotman Limited Sterling House 66 Wilton Road London SW1V IDE Telephone 01-821 1123 Contributions and letters for publication, which should be typed, are welcomed, and should be sent to the Editor at the above address. Subscription Office Graham & Trotman Limited Sterling House 66 Wilton Road London SWIV IDE Telephone 01-821 1123 Subscription Januayy -December 1985. £95 post inclusive, inland £99 air assisted mail Advertisement Manager Penny Cullen on 01-821 1123 Copyright © 2007 by Kluwer Law International. All rights reserved. No claim asserted to original government works.

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