final judgment the last law lords and the supreme court

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Final Judgment

Author : Alan Paterson
ISBN : 9781782252795
Genre : Law
File Size : 21. 32 MB
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The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before?The remarkable width and depth of his examination?has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court

Final Judgment

Author : Alan Paterson
ISBN : 1849463832
Genre : Law
File Size : 37. 62 MB
Format : PDF, Docs
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The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before.The remarkable width and depth of his examination.has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court

The Law Making Process

Author : Michael Zander
ISBN : 9781782258063
Genre : Law
File Size : 43. 16 MB
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As a critical analysis of the law-making process, this book has no equal. For more than three decades it has filled a gap in the requirements of students in law or political science taking introductory courses on the legal system and is now in its 7th edition. It deals with every aspect of the law-making process: the preparation of legislation; its passage through Parliament; statutory interpretation; binding precedent; how precedent works; law reporting; the nature of the judicial role; European Union law; and the process of law reform. It presents a large number of original texts from a variety of sources ? cases, official reports, articles, books, speeches and empirical research studies ? laced with the author's informed commentary and reflections on the subject. This book is a mine of information dealing with both the broad sweep of the subject and with all its detailed ramifications. "In a crowded market place Zander's latest edition of The Law-Making Process stands out like a beacon in the fog. Well chosen extracts from stimulating texts enable the neophyte student of the law making process in England and Wales to grapple with the issues of the hour with a forcefulness and insight we have long come to associate with the author. Highly recommended." Professor Alan Paterson "Law-making is important, fascinating, and fun. This new edition of Michael Zander's stimulating book on law-making brings that out. It takes account of the many developments since the 6th edition in 2004, ranging across the work of the Law Commission, parliamentary scrutiny of Bills, the relationship between our courts and the European Court of Human Rights, the EU, and many other matters. Well chosen extracts and thought-provoking commentary help law and politics students at every level to understand the raw material with which they work, and make more experienced practitioners and academics look afresh at topics we thought we understood. I recommend it highly." Professor David Feldman "As counsel, judge and now cross-bencher in the House of Lords I have been taking part in the law-making process for over fifty years. In explaining to me what I have been up to, Michael Zander both informed and amused. Not only does he deal in detail with every aspect of the law-making process, but he has assembled a rich cornucopia of commentary from a wide variety of sources. He has shown a degree of self-restraint in expressing his own views, though his use of an adverb made them pleasingly plain when he stated "On 3 October, 2014, the Conservative Party published an 8 page document, brazenly called "Protecting Human Rights in the UK??. I commend this book to anyone who wishes to understand the far from simple way that law is made in this country." Lord Phillips

Lawyers The Law And History

Author : Norma Dawson
ISBN : 1846822440
Genre : Law
File Size : 67. 73 MB
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This latest volume of collected papers from the Irish Legal History Society comprises the following: Lord Hutton, Sir Edward Carson and some aspects of the Archer-Shee case; Mr Justice Adrian Hardiman, Ulysses, Joyce and the law; Mr Justice A.J. Hart, Kingâ??s Inns and the foundation of the Inn of Court of Northern Ireland â?? the northern perspective; Gerard Hogan, Judicial review and the Constitution â?? what did the drafters actually intend?; His Honour Judge John Martin, QC, Judicial dress in the county and circuit courts; John Cairns, Maintaining slavery without a code noir â?? Scotland 1700â??78; Patrick Geoghegan (TCD), â??The Counsellorâ??: Daniel Oâ??Connell and the law; Peter Crooks (TCD), The Irish Chancery project; Adam Pole, Sheriffs, landlords and tenants in Victorian Ireland; R.D. Marshall, W.E. Wylie, KC; Colum Kenny (DCU), On lawyers, their obligations, and the Cicero collection at Kingâ??s Inns Library; and James McGuireâ??s presidential address to the Society (November 2009).

The Law Lords

Author : A. Paterson
ISBN : 0333238869
Genre : Science
File Size : 48. 17 MB
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The Common Law Of Obligations

Author : Andrew Robertson
ISBN : 9781782256571
Genre : Law
File Size : 21. 72 MB
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The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A second collection, entitled Divergences in Private Law (ISBN: 9781782256601), will focus on particular departures from the common law mainstream and the causes and effects of those deviations.

The Nature And Authority Of Precedent

Author : Neil Duxbury
ISBN : 9781139470971
Genre : Law
File Size : 65. 21 MB
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Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.

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