由此 - 27 - A B C D E F G H justice fairly and in accordance with the law. There could be cases where a decision on an issue of law, whether common law or statute law, was unavoidable but the decision would have such gravely unfair and disruptive consequences for past transactions or happenings that this House would be compelled to depart from the normal principles relating to the retrospective and prospective effect of court decisions. B If, altogether exceptionally, the House as the country’s supreme court were to follow this course I would not regard it as trespassing outside the functions properly to be discharged by the judiciary under this country’s constitution. Rigidity in the operation of a legal system is a sign of weakness, not strength. It deprives a legal system of necessary elasticity. Far from achieving a constitutionally exemplary result, it can produce a legal system unable to function effectively in changing times. ‘Never say never’ is a wise judicial precept, in the interest of all citizens of the country. [699F]” E I K P Q R S F G H Lord Hope of Craighead at para. 74 and Lord Walker of J Lord Hope of Craighead said at para. 69: K “… But it is for the House, as the ultimate court, to define the limits of its own jurisdiction. It can take as its starting point the inherent power which it has under the common law to do whatever is necessary to serve the interests of justice.” M O D Gestingthorpe at para. 161 expressed agreement with Lord Nicholls’ views. L N C I 85. J A 86. The majority view on the court’s jurisdiction in Spectrum is L M N consistent with the views expressed in the Manitoba Language case that: O “In other words, in the process of Constitutional adjudication, the Court may have regard to unwritten postulates which form the very foundation of the Constitution of Canada. In the case of the Patriation Reference, Supra, this unwritten postulate was the principle of federalism. In the present case it is the principle of rule of law.” Page 25. That is to say the court must have the inherent power to do whatever is necessary to preserve the rule of law. In highly exceptional circumstances, P Q R S T T U U V V