Download or read book The Judicial House of Lords written by Louis Blom-Cooper QC and published by OUP Oxford. This book was released on 2009-08-13 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt: The House of Lords served as the highest court in the UK for over 130 years. In 2009 the new UK Supreme Court took over its judicial functions, closing the doors on one of the most influential legal institutions in the world, and a major chapter in the history of the UK legal system. This volume gathers over 40 leading scholars and practitioners from the UK and beyond to provide a comprehensive history of the House of Lords as a judicial institution, charting its role, working practices, reputation and impact on the law and UK legal system. The book examines the origins of the House's judicial work; the different phases in the court's history; the international reputation and influence of the House in the legal profession; the domestic perception of the House outside the law; and the impact of the House on the UK legal tradition and substantive law. The book offers an invaluable overview of the Judicial House of Lords and a major historical record for the UK legal system now that it has passed into the next chapter in its history.
Download or read book The American House of Lords written by Morrison Isaac Swift and published by . This book was released on 1911 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice Upon Petition written by James S. Hart and published by Routledge. This book was released on 2020-10-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1991, this book traces the evolution of the House of Lords as a court for private litigation during the critically important years from 1621 to 1675. It offers new insights into contemporary politics, government and religion, adding an important dimension to our understanding of the House of Lords. This book is primary reading for advanced undergraduates and postgraduate students on courses on early Stuart England, the Civil War and Restoration history.
Download or read book The Transition from the House of Lords to the Supreme Court written by William Peter Ronald Dean and published by . This book was released on 2013 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Below the Surface written by James J. Brudney and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992, the Law Lords (the judicial arm of the House of Lords) overruled more than two centuries of precedent when it decided in Pepper v. Hart that courts could refer to and rely on legislative history to aid in construing enacted laws. The ensuing fourteen years have witnessed a robust debate among British judges and legal scholars as to the scope and propriety of Pepper. This article offers the first empirical and comparative analysis of how Britain's highest court has used previously excluded legislative history materials in its judicial decisions. Although the Law Lords opened the door to reliance on legislative history at a time when the U.S. Supreme Court has been clamping down on such usage, the article demonstrates that citation to parliamentary materials by the Law Lords since 1996 does not approach the levels of reliance on congressional materials currently practiced by the Supreme Court. Notwithstanding Justice Scalia's appreciable influence, Supreme Court justices continue to make use of legislative history in their opinions between three and five times more often than their counterparts in Britain. The article accounts for this divergent pattern of U.S. and British usage based on certain key differences in their respective lawmaking processes and structures ő notably the disparate roles played by standing committees, the varying importance of legislative bargains following bill introduction, and the breadth of legislative history sources available under each system. Still, despite a spirited reaction to Pepper by several judges on the Law Lords, references to legislative history have increased since 2000. Moreover, the Law Lords in two very recent decisions have gone beyond Pepper in setting forth grounds for relying on parliamentary materials. The article predicts that Britain's highest court is in the process of consolidating if not augmenting a permanent role for legislative history as an interpretive asset. The article then suggests how this development should invite a different kind of dialogue about legislative history among justices on the U.S. Supreme Court.
Download or read book The High Court of Parliament and Its Supremacy written by Charles Howard McIlwain and published by . This book was released on 1910 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Appellate Jurisdiction of the House of Lords and of the Full Parliament Classic Reprint written by John William Gordon and published by Forgotten Books. This book was released on 2018-02-08 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Appellate Jurisdiction of the House of Lords and of the Full Parliament House is secured to every individual within the realm by the Act against Tumultuous Assemblies,1 and that right assuredly has never been suffered to lapse by disuse. Yet the fact remains that few people recognise that the House of Commons has any strictly judicial functions at all, and still fewer that the full Parliament is the highest Court of Justice and the ultimate Court of Appeal within this realm. The explanation of this anomaly is without doubt to be sought in the easy working and great success of our subordinate judicial machinery. The widely extended operations of our courts of law and equity leave comparatively few wrongs unredressed, and give rise to few serious complaints of miscarriage of justice. The labours of the Court of Appeal reduce to a minimum the occasions for recourse to the House of Lords, and until the outburst of feeling occasioned by the decision in the Free Church case, there has been in recent years no tendency on the part of the great public to criticise or cavil at the exercise of the Lords' jurisdiction. Miscarriages there have of co'urse been, discussions there have been, and every now and then a keen and sometimes an indignant interest in the proceedings of some court of law. But no insufferable wrong has hitherto, within living memory, called for the exercise of the highest judicial authority, and thus the success of the lesser tribunals has actually so obscured the very existence of the greatest that it has become obsolescent. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book The Law Reports written by Great Britain. Parliament. House of Lords and published by . This book was released on 1888 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book From House of Lords to Supreme Court written by James Lee and published by Hart Publishing. This book was released on 2011-01-06 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Power of Judges written by David Neuberger and published by Haus Publishing. This book was released on 2018-11-15 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the vast majority of the English public, the role of the United Kingdom’s Supreme Court has often been distant and incomprehensible, its judges a caste apart from society. The Power of Judges ends this mystery, exploring the fundamental concept of justice and explaining the main functions of the courts, the challenges they face, and the complexity of the judicial system. In this lucid account of the judiciary, David Neuberger and Peter Riddell lead us through an array of topics both philosophical and logistical, including the relationships between morality and law and between Parliament and the judiciary. They explain the effects of cuts in legal aid and shed light on complex and controversial subjects like assisted dying and the complexities of combating mass terrorism while protecting personal liberty. Given that many of these issues span national borders, the book also compares the United Kingdom’s legal system with its counterparts in the United States and Germany. Full of insights, The Power of Judges is an informative and accessible account of the United Kingdom’s judicial system, its contribution to running the country, and the challenges it faces—including the many threats to its effectiveness.
Download or read book The Judicial Committee of the Privy Council 1833 1876 written by P. A. Howell and published by Cambridge University Press. This book was released on 2008-10-14 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the nineteenth century, the Judicial Committee of the Privy Council held sway over the lives, liberties and property of more than a quarter of the world's inhabitants.
Download or read book Building the UK s New Supreme Court written by Andrew P. Le Sueur and published by Oxford University Press, USA. This book was released on 2004 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of the far-reaching reforms proposed for the Appellate Committee of the House of Lords and the Judicial Committee of the Privy Council, "Building the UK's New Supreme Court" considers the operation and reform of courts at the apex of the UK's legal systems. The chapters are linked by broad and overlapoping themes. The first of these is the complexity of accommodating national differences within the UK into the institutional design of the new supreme court. Not only will it be a court for the UK's three legal systems, and simultaneously a national institution of the whole UK, but it is also likey to be called upon to resolve division of powers disputes within the emerging system of multi-level government. A second theme is the scope for comparative lesson-learning from top courts in other legal systems; the Supreme Court of Canada, the US federal courts system, and the constitutional courts in Germany and Spain are considered. Finally, the connections between the UK's top-level courts and other courts, especially intermediate courts of appeal, the European Court of Justice, and the European Court of human rights, are examined.
Download or read book Final Judgment written by Alan Paterson and published by Bloomsbury Publishing. This book was released on 2013-11-20 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Inner Temple book prize 2015 and the Socio-Legal Studies Association Book prize 2014/15 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
Download or read book The American House of Lords written by Morrison Isaac Swift and published by Palala Press. This book was released on 2016-05-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Judicature Acts and Rules of the Supreme Court 1883 With Notes and Index written by Frederic Philip Tomlinson and published by . This book was released on 1883 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Discretion in the House of Lords written by David Robertson and published by Oxford University Press on Demand. This book was released on 1998 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been few studies of the Law Lords, and no study of them by a political scientist for more than ten years. This book concentrates on the arguments the Law Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of theirdecisions. Very close attention is paid to the different approaches and styles of judicial argument, but the book is not restricted to this traditional analytic approach. One chapter applies the statistical techniques Americans call 'jurimetrics' and have successfully used on the US Supreme Court. The main theme is that the Law Lords enjoy and fully utilise far more discretion in their judgements than is normally admitted, and that much depends on exactly which judges happen to hear a case. the second part of the book shows the impact this extreme discretion has had in shaping both public lawand areas of civil law.
Download or read book The Law Lords written by Alan Paterson and published by . This book was released on 1982 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
