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:
Download or read book Final Judgment written by Alan Paterson and published by A&C Black. This book was released on 2014-07-18 with total page 566 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 Law Lords written by M. Barrett and published by Springer. This book was released on 2000-11-24 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The roughly one thousand-member House of Lords is not only a legislative body. It is also a court. In fact it is the final court of appeal for most cases decided in the United Kingdom. These days cases are not heard by the main body of the House of Lords. They are decided by a committee of the House known as the Appellate Committee. There are twelve full-time members on that Committee. These are the Lords of Appeal in Ordinary. They are judges who have been appointed into the House of Lords specifically to hear appeals. Sometimes they are helped by the Lord Chancellor. Occasionally they are assisted by other peers who have had experience of high judicial office. The book is based, in part, on interviews conducted with past and present Appellate Committee members and is intended for anyone who is interested in discovering a little more about the personal and professional lives of the men who man the most eminent and powerful judicial body in the United Kingdom.
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 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 907 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 From House of Lords to Supreme Court written by James Lee and published by Bloomsbury Publishing. This book was released on 2011-01-06 with total page 342 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 A Treatise Upon the Law Privileges Proceedings and Usage of Parliament written by Thomas Erskine May and published by . This book was released on 1844 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitutional Balance written by John Laws and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Download or read book Reforming the Lords written by Richard Cornes and published by . This book was released on 1999 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The House of Lords written by Brice Dickson and published by Bloomsbury Publishing. This book was released on 1998-12-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book examines the House of Lords in both its Parliamentary and its judicial capacity. A total of 14 contributors discuss such important topics as the membership of the House,how the House compares with other second chambers in bicameral legislatures elsewhere, the role of the Lord Chancellor, the rules concerning discussion of sub judice matters and the stance taken by the Law Lords towards European Community law. At a time when the future of the House is once again under active consideration, the book serves to remind readers of the significance of the institution to the British constitution. It will be of interest to students of government and law as well as to practitioners in the field, including Parliamentarians and judges. The issues dealt with in this book go to the heart of how democracy manifests itself in the United Kingdom today.'. Contributors: Michael Rush, Nicholas Baldwin, Rodney Brazier, Paul Carmichael, Andrew Baker, Patricia Leopold, Gavin Drewry, Sir Louis Blom-Cooper, Brice Dickson, Barry Fitzpatrick, Anthony Bradney, Patricia Maxwell, Kenny Mullan, Simon Lee.
Download or read book English Law Under Two Elizabeths written by Sir John Baker and published by Cambridge University Press. This book was released on 2021-01-28 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel experiment in comparative legal history, exploring the legal world in England during two different periods.
Download or read book Law Lords written by Maxwell Barrett and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The laws of cricket written by Marylebone Cricket Club and published by . This book was released on 1905 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law Reports written by Charles Clark and published by . This book was released on 1876 with total page 842 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 Freedom Under the Law written by Alfred Thompson Denning Bar Denning and published by Hassell Street Press. This book was released on 2021-09-10 with total page 144 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 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. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. 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 An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
