Final Judgment

Author: Alan Paterson
Editor: A&C Black
ISBN: 1782252797
File Size: 30,26 MB
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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

Unelected Power

Author: Paul Tucker
Editor: Princeton University Press
ISBN: 0691176736
File Size: 51,87 MB
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Guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good Central bankers have emerged from the financial crisis as the third great pillar of unelected power alongside the judiciary and the military. They pull the regulatory and financial levers of our economic well-being, yet unlike democratically elected leaders, their power does not come directly from the people. Unelected Power lays out the principles needed to ensure that central bankers, technocrats, regulators, and other agents of the administrative state remain stewards of the common good and do not become overmighty citizens. Paul Tucker draws on a wealth of personal experience from his many years in domestic and international policymaking to tackle the big issues raised by unelected power, and enriches his discussion with examples from the United States, Britain, France, Germany, and the European Union. Blending economics, political theory, and public law, Tucker explores the necessary conditions for delegated but politically insulated power to be legitimate in the eyes of constitutional democracy and the rule of law. He explains why the solution must fit with how real-world government is structured, and why technocrats and their political overseers need incentives to make the system work as intended. Tucker explains how the regulatory state need not be a fourth branch of government free to steer by its own lights, and how central bankers can emulate the best of judicial self-restraint and become models of dispersed power. Like it or not, unelected power has become a hallmark of modern government. This critically important book shows how to harness it to the people's purposes.

Values In The Supreme Court

Author: Rachel Cahill-O'Callaghan
Editor: Bloomsbury Publishing
ISBN: 1509921869
File Size: 44,66 MB
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This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.

Supreme Court Workload

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Editor:
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File Size: 12,33 MB
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Reports Of Cases Decided In The Supreme Courts Of Scotland And In The House Of Lords On Appeal From Scotland

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File Size: 30,36 MB
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The Ceylon Almanac And Annual Register For The Year Of Our Lord

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File Size: 28,64 MB
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Chambers S Encyclopaedia

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File Size: 21,31 MB
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The Law Times Reports Of Cases Decided In The House Of Lords The Privy Council The Court Of Appeal New Series

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File Size: 54,44 MB
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Reports Of Cases Argued And Decided In The Supreme Court Of The United States

Author: United States. Supreme Court
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File Size: 21,88 MB
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Reports Of Cases Adjudged And Determined In The Supreme Court Of Judicature And Court For The Trial Of Impeachments And Correction Of Errors Of The State Of New York

Author: New York (State). Supreme Court
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File Size: 69,17 MB
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Appendix To The Journals Of The House Of Representatives Of New Zealand

Author: New Zealand. Parliament. House of Representatives
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File Size: 39,82 MB
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The Law Journal

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File Size: 64,70 MB
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Reports Of Cases Argued And Determined In The Supreme Court Of Law And Equity Of The State Of Arkansas

Author: Arkansas. Supreme Court
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File Size: 37,66 MB
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Reports Of Cases In Law And Equity In The Supreme Court Of The State Of New York

Author: New York (State). Supreme Court
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File Size: 28,86 MB
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The Poor Law Magazine For Scotland

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File Size: 76,83 MB
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The American Universal Cyclop Dia

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Reports Of Cases Determined In The Supreme Court Of The State Of California

Author: California. Supreme Court
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File Size: 28,41 MB
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