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Final Judgment

Final Judgment Author Alan Paterson
ISBN-10 9781782252795
Release 2014-07-18
Pages 366
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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


ISBN-10 OCLC:1021155569
Release 2014
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FINAL JUDGMENT THE LAST LAW LORDS AND THE SUPREME COURT by ALAN PATERSON has been writing in one form or another for most of life. You can find so many inspiration from FINAL JUDGMENT THE LAST LAW LORDS AND THE SUPREME COURT by ALAN PATERSON also informative, and entertaining. Click DOWNLOAD or Read Online button to get full FINAL JUDGMENT THE LAST LAW LORDS AND THE SUPREME COURT by ALAN PATERSON book for free.

The Law Making Process

The Law Making Process Author Michael Zander
ISBN-10 9781782258063
Release 2015-03-26
Pages 510
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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

The Work of the British Law Commissions

The Work of the British Law Commissions Author Shona Wilson Stark
ISBN-10 9781509906925
Release 2017-07-13
Pages 320
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The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.

Constitutional Administrative Law

Constitutional   Administrative Law Author Neil Parpworth
ISBN-10 9780198747529
Release 2016-04-07
Pages 608
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Presenting wide-ranging and accurate coverage of constitutional and administrative law, this title is structured in a logical and practical way, supporting students as they progress in the subject.

From House of Lords to Supreme Court

From House of Lords to Supreme Court Author James Lee
ISBN-10 9781847316165
Release 2011-01-06
Pages 312
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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.

The Canada Law Journal

The Canada Law Journal Author
ISBN-10 CHI:60372801
Release 1861
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Includes section "Book reviews."

Human Rights and the United Kingdom Supreme Court

Human Rights and the United Kingdom Supreme Court Author Brice Dickson
ISBN-10 9780199697458
Release 2013-03-28
Pages 429
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How does the UK Supreme Court approach human rights law? This book provides the first comprehensive overview of human rights in the highest UK court, criticizing the failure of UK judges to develop the common law in sympathy with human rights.

Sitting in Judgment

Sitting in Judgment Author Penny Darbyshire
ISBN-10 9781847317797
Release 2011-09-30
Pages 478
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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.

Reports of Cases Decided in the Supreme Courts of Scotland and in the House of Lords on Appeal from Scotland

Reports of Cases Decided in the Supreme Courts of Scotland and in the House of Lords on Appeal from Scotland Author
ISBN-10 OSU:32437121389098
Release 1855
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Reports of Cases Decided in the Supreme Courts of Scotland and in the House of Lords on Appeal from Scotland has been writing in one form or another for most of life. You can find so many inspiration from Reports of Cases Decided in the Supreme Courts of Scotland and in the House of Lords on Appeal from Scotland also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Reports of Cases Decided in the Supreme Courts of Scotland and in the House of Lords on Appeal from Scotland book for free.

Judicial Review in European Union Law Essays in Honour of Lord Slynn

Judicial Review in European Union Law Essays in Honour of Lord Slynn Author David O'Keeffe
ISBN-10 9789041113726
Release 2000-06-14
Pages 674
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Paradigm in Judicial Review

Contract Law and Practice

Contract Law and Practice Author Michael H. Whincup
ISBN-10 9789041125217
Release 2006-01-01
Pages 446
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International commerce is made more difficult and costly by the requirements of all the different legal systems involved and nowhere more so than within the European Union. There are fundamental differences here between the attitudes and responses of the English common law and those of the civil law systems across the rest of Europe. the answers they give may be much the same in the end, but business people and legal practitioners clearly need to understand how very different the vocabularies and processes of argument and analysis can be. Earlier editions of this work proved very helpful for these purposes, and now another update has become necessary. the book explains in plain English the day-to-day realities of British business practices and usages as reflected in the decisions of the courts, and provides concise statements of equivalent rules in eight other EU jurisdictions Denmark, France, Germany, Italy, the Netherlands, Poland, Spain, and Sweden written by distinguished legal scholars from those countries. Scottish, Commonwealth and United States rules are also noted, as are the proposed Principles of European Contract Law. Appendices include essential United Kingdom statutory materials and the Vienna Convention on Contracts for the International Sale of Goods. This fifth edition of this important work, featuring some 150 new cases and new provisions in national codes, will be as widely welcomed by practitioners as by students of business and comparative law.

Supreme Court Workload

Supreme Court Workload Author United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
ISBN-10 LOC:00183858518
Release 1984
Pages 843
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Supreme Court Workload has been writing in one form or another for most of life. You can find so many inspiration from Supreme Court Workload also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Supreme Court Workload book for free.

Meeting With the Lord Chancellor2005 06

Meeting With the Lord Chancellor2005 06 Author Great Britain: Parliament: House of Lords: Select Committee on the Constitution
ISBN-10 0104007745
Release 2005-12-13
Pages 16
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Meeting with the Lord Chancellor : Report with evidence, 6th report of Session 2005-06


Leviathan Author Thomas Hobbes
ISBN-10 9602350210
Release 1989
Pages 336
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Leviathan has been writing in one form or another for most of life. You can find so many inspiration from Leviathan also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Leviathan book for free.

Key Facts English Legal System

Key Facts English Legal System Author Jacqueline Martin
ISBN-10 9781444128383
Release 2014-04-08
Pages 144
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The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly.

New Hart s Rules

New Hart s Rules Author Oxford University Press
ISBN-10 9780191649141
Release 2014-08-28
Pages 434
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For over a hundred years, Hart's Rules has been the authority on style, helping writers and editors prepare copy for publication. The latest edition of this guide has been updated for the twenty-first century using the resources of Oxford Dictionaries and with the advice of publishing experts. Twenty-one chapters give information on all aspects of writing and of preparing copy for publication, whether in print or electronically. New Hart's Rules gives guidance on a broad range of topics including publishing terms, layout and headings, how to treat illustrations, hyphenation, punctuation, and bibliographies and notes. All chapters have been revised and updated to reflect current practice (taking into account changes in the world and in the publishing industry over the last eight years), with the help of a team of experts and consultants. Chapters that have been particularly heavily revised include those dealing with the use and presentation of illustrations, with the conventions of scientific publishing, and with the art of indexing. Additionally, an entirely new chapter has been written to explore and summarize the differences between UK and US English. The text is designed and organized for maximum accessibility with clearly displayed examples throughout. Authoritative and comprehensive, and endorsed by the Society for Editors and Proofreaders, New Hart's Rules is the essential desk guide for all writers and editors. Together with the New Oxford Spelling Dictionary and the New Oxford Dictionary for Writers and Editors it forms the complete editorial reference set.