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Building The Uks New Supreme Court
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Book Synopsis Building the UK's New Supreme Court by : Andrew P. Le Sueur
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.
Book Synopsis The Supreme Court of the United Kingdom by : Chris Miele
Download or read book The Supreme Court of the United Kingdom written by Chris Miele and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009 the new Supreme Court of the United Kingdom was opened by HM The Queen in a spectacularly refurbished building in Parliament Square, Westminster, at the very heart of the British state. This elegant and absorbing book charts the progress towards and realization of this significant event in the nation's history. Chapters by two of the most eminent British judges, Lady Hale and Lord Bingham, explore the evolution of the court and of its home. Further essays by distinguished art and architectural historians, together with dramatic specially commissioned photographs by Tim Imrie, reveal in compelling detail how the building was transformed into an inspiring public space - a vibrant incarnation of the essential value of justice and its power to enhance all our lives.
Book Synopsis Enemies of the People? by : Rozenberg, Joshua
Download or read book Enemies of the People? written by Rozenberg, Joshua and published by Bristol University Press. This book was released on 2020-04-21 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views? When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people. But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just ‘a blank piece of paper’. Joshua Rozenberg, Britain’s best-known commentator on the law, asks how judges can maintain public confidence while making hard choices.
Book Synopsis Comparative Reasoning in European Supreme Courts by : Michal Bobek
Download or read book Comparative Reasoning in European Supreme Courts written by Michal Bobek and published by OUP Oxford. This book was released on 2013-08-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.
Book Synopsis Supreme Courts in Transition in China and the West by : Cornelis Hendrik (Remco) van Rhee
Download or read book Supreme Courts in Transition in China and the West written by Cornelis Hendrik (Remco) van Rhee and published by Springer. This book was released on 2017-02-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.
Book Synopsis The Constitution of the United Kingdom by : Peter Leyland
Download or read book The Constitution of the United Kingdom written by Peter Leyland and published by Bloomsbury Publishing. This book was released on 2021-06-17 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the previous editions “[A] slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists ... [students] will certainly find it worth their while' Cambridge Law Journal “[The] written style is admirably clear, conversational and free from jargon ... It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher Education This timely new edition addresses the many constitutional changes that have arisen since 2016 (including those brought about by Brexit and the COVID-19 pandemic) whilst retaining its hallmark features of clarity and concision. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. Engaging with the central issues in play as the UK enters a new chapter, it explores the impact on devolved government, the principle of sovereignty, the role of the courts and parliamentary reform. As well as providing a contextual and authoritative overview of the principles, doctrines and institutions that underpin the elusive constitution, this study will allow students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.
Download or read book Public Law written by Mark Elliott and published by . This book was released on 2020-07-09 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling textbook covers the essential topics of undergraduate public law modules in an insightful and interesting way. The authors capture the vibrant nature of public law in practice and the key contemporary debates in the field.
Download or read book Politics UK written by Bill Jones and published by Routledge. This book was released on 2021-07-29 with total page 1211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and updated tenth edition of the bestselling textbook Politics UK is an indispensable introduction to British politics. It provides a thorough and accessible overview of the institutions and processes of British government, an excellent grounding in British political history and an incisive introduction to the issues and challenges facing Britain today. This edition welcomes three brand new chapters - ‘Elites in the United Kingdom’, 'Gender and British politics' and 'UK Immigration policy in hostile environment' - alongside rigorously updated revised chapters. It delivers excellent coverage of contemporary events, with significant new material covering: the Johnson premiership and the national challenge of Covid-19, the end of the May premiership and the implementation of Brexit, the Labour Party’s transition from Corbyn to Starmer, infrastructure and innovation, 'fake news', populism and nationalism, the UK’s place in a post-Brexit world, climate change, social mobility and elite recruitment, devolution and regionalism, constitutional strain, the role of political advisers, abuse and incivility in politics and much more. Other features of the new edition include: A wide range of illustrative material, boxes and case studies providing illuminating examples alongside the analysis. A comprehensive ‘who’s who’ of politics in the form of Profile boxes featuring key political figures. And another thing . . . pieces containing short articles on salient and pressing topics, written by distinguished commentators including Sir John Curtice, Sir Simon Jenkins, Andrew Rawnsley, Baroness Julie Smith of Newnham, and Philip Collins. Online interviews on the book’s website see notable figures from British political life discussing the pressing issues of today. With chapters written by highly respected scholars in the field and contemporary articles on real-world politics from well-known political commentators, this textbook is an essential guide for all students of British politics.
Book Synopsis The Irish Supreme Court by : Brice Dickson
Download or read book The Irish Supreme Court written by Brice Dickson and published by Oxford University Press. This book was released on 2019-01-17 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.
Book Synopsis Constitutional Review in Europe by : Maartje de Visser
Download or read book Constitutional Review in Europe written by Maartje de Visser and published by Bloomsbury Publishing. This book was released on 2013-11-22 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'être, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law.
Book Synopsis Judges on Trial by : Shimon Shetreet
Download or read book Judges on Trial written by Shimon Shetreet and published by Cambridge University Press. This book was released on 2013-10-24 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.
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
Book Synopsis Philosophical Foundations of European Union Law by : Julie Dickson
Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by OUP Oxford. This book was released on 2012-10-11 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.
Book Synopsis Politics and Governance in the UK by : Michael Moran
Download or read book Politics and Governance in the UK written by Michael Moran and published by Bloomsbury Publishing. This book was released on 2017-10-13 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this comprehensive and innovative textbook provides an invaluable narrative and insight into the ever-changing landscape of British politics. Updated to cover the 2015 General Election, the Scottish independence referendum and changing relations with the European Union, this extensively revised new edition sets out to provide students with a clear understanding of the core features of British politics and contemporary governance, as well as an examination of the way in which the governing process is becoming increasingly 'multi-level' and 'multi-agency'. Written in a concise and accessible style by one of the leading authors in the field, this engaging text provides an illuminating framework that draws on the range of analytical issues and theoretical debates in the study of British politics. Through Moran's unrivalled account of the way Britain is governed, it is clear to see why this text continues to be essential reading for undergraduate students of British politics. New to this Edition: - Continued discussion on the influence of EU membership on British politics A distinct emphasis on the rising importance of management in the system of government - New 2017 update covers both the 2016 EU Referendum and the 2017 General Election, as well as their repercussions for British politics.
Book Synopsis The Judicial House of Lords by : Louis Blom-Cooper QC
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.
Book Synopsis Sitting in Judgment by : Penny Darbyshire
Download or read book Sitting in Judgment written by Penny Darbyshire and published by Bloomsbury Publishing. This book was released on 2011-09-30 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public image of judges has been stuck in a time warp; they are invariably depicted in the media - and derided in public bars up and down the country - as 'privately educated Oxbridge types', usually 'out-of-touch', and more often than not as 'old men'. These and other stereotypes - the judge as a pervert, the judge as a right-wing monster - have dogged the judiciary long since any of them ceased to have any basis in fact. Indeed the limited research that was permitted in the 1960s and 1970s tended to reinforce several of these stereotypes. Moreover, occasional high profile incidents in the courts, elaborated with the help of satirists such as 'Private Eye' and 'Monty Python', have ensured that the 'old white Tory judge' caricature not only survives but has come to be viewed as incontestable. Since the late 1980s the judiciary has changed, largely as a result of the introduction of training and new and more transparent methods of recruitment and appointment. But how much has it changed, and what are the courts like after decades of judicial reform? Given unprecedented access to the whole range of courts - from magistrates' courts to the Supreme Court - Penny Darbyshire spent seven years researching the judges, accompanying them in their daily work, listening to their conversations, observing their handling of cases and the people who come before them, and asking them frank and searching questions about their lives, careers and ambitions. What emerges is without doubt the most revealing and compelling picture of the modern judiciary in England and Wales ever seen. From it we learn that not only do the old stereotypes not hold, but that modern 'baby boomer' judges are more representative of the people they serve and that the reforms are working. But this new book also gives an unvarnished glimpse of the modern courtroom which shows a legal system under stress, lacking resources but facing an ever-increasing caseload. This book will be essential reading for anyone wishing to know about the experience of modern judging, the education, training and professional lives of judges, and the current state of the courts and judiciary in England and Wales.
Book Synopsis The Courts and the People: Friend or Foe? by : DJ Galligan
Download or read book The Courts and the People: Friend or Foe? written by DJ Galligan and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are the courts our friend or our foe? This book has three parts: Part I considers the case for judicial independence Part II looks at the question 'Is judicial independence under threat?' Part III reflects on whether judicial independence be defended and protected. Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law Justice and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance. The original Putney Debates were held in St Mary's Church, Putney in 1647. The Civil War had been won, the King was held prisoner, the New Model Army was in control. In late October of that year, the weekly meeting of the High Council of the New Model Army, under the chairmanship of Oliver Cromwell, together with several civilians, turned into a debate about the constitution. This is perhaps the only occasion in modern history that a constitutional convention has been held on the English constitution.
