From House of Lords to Supreme Court

Judges, Jurists and the Process of Judging

Inbunden, Engelska, 2011

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Beskrivning

2009 saw the centenary of the Society of Legal Scholars and the transition from the House of Lords to the new Supreme Court. The papers presented in this volume arise from a seminar organised jointly by the Society of Legal Scholars and the University of Birmingham to celebrate and consider these historic events. The papers examine judicial reasoning and the interaction between judges, academics and the professions in their shared task of interpretative development of the law. The volume gathers leading authorities on the House of Lords in its judicial capacity together with academics whose specialisms lie in particular fields of law, including tort, human rights, restitution, European law and private international law. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and with reference to different jurisdictions. The aim of the volume is to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court.

Produktinformation

Utgivningsdatum:2011-01-06
Mått:156 x 234 x 27 mm
Vikt:644 g
Format:Inbunden
Språk:Engelska
Antal sidor:312
Förlag:Bloomsbury Publishing PLC
ISBN:9781849460811

Utforska kategorier

Rättsordning inom Juridik
Juridik: metod och teori inom Juridik

Mer om författaren

James Lee is a Lecturer in Law at the University of Birmingham. In 2010 he was elected to a 3-Year Academic Fellowship of the Honourable Society of the Inner Temple.

Recensioner i media

...a very useful set of essays that engage with the constitutional role of the House of Lords/Supreme Court (as well as its international peers) and the processes of the court, as well as investigation of the role of the court in some substantive areas of law....There is a great deal of interesting and varied material here to dip in and out of and the book certainly repays reading.

Innehållsförteckning

1 Introduction JAMES LEE2. A Darwinian Reflection on Judicial Values and Appointments to Final National Courts M ICHAEL KIRBY3. From Appellate Committee to UK Supreme Court: Independence, Activism and Transparency AILEEN KAVANAGH4. Taking Women's Property Seriously: Mrs Boland, the House of Lords, the Law Commission and the Role of Consensus E LIZABETH COOKE5. 'Inconsiderate Alterations in our Laws': Legislative Reversal of Supreme Court Decisions JAMES LEE6. (Dis)owning the Convention in the Law of Tort JENNY STEELE7. Keeping Their Heads Above Water? European Law in the House of Lords ANTHONY ARNULL8. The Development of Principle by a Final Court of Appeal in Matters of Private International (Common) Law ADRIAN BRIGGS9. The Law of Unjust Enrichment in the House of Lords: Judging the Judges GRAHAM VIRGO10. Use of Scholarship by the House of Lords in Tort cases KEITH STANTON11. Judges and Academics: Features of a Partnership ALEXANDRA BRAUN12. Does Advocacy Matter in the Lords? ALAN PATERSON13. Close Calls in the House of Lords BRICE DICKSON