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Vol 23 No 3 March/April 2018

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From House of Lords to Supreme Court: Judges, Jurists and the Process of Judging

Edited by: James Lee

ISBN13: 9781849460811
Published: January 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00

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2009 saw the Centenary of the Society of Legal Scholars and the transition of 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 University of Birmingham to celebrate and reflect on these historic events. The papers consider a range of topics, including judicial reasoning and the interaction between judges, academics and the professions over a century of transformation.

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. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and jurisdictions. In focussing upon cases the aim of the book is to take the jurisprudence of the House of Lords seriously and to contribute to the shared task of interpretative development of the law.

General Interest
1 Introduction JAMES LEE
2. A Darwinian Reflection on Judicial Values and Appointments to Final National Courts MICHAEL KIRBY
3. From Appellate Committee to UK Supreme Court: Independence, Activism and Transparency AILEEN KAVANAGH
4. Taking Women's Property Seriously: Mrs Boland, the House of Lords, the Law Commission and the Role of Consensus ELIZABETH COOKE
5. 'Inconsiderate Alterations in our Laws': Legislative Reversal of Supreme Court Decisions JAMES LEE
6. (Dis)owning the Convention in the Law of Tort JENNY STEELE
7. Keeping Their Heads Above Water? European Law in the House of Lords ANTHONY ARNULL
8. The Development of Principle by a Final Court of Appeal in Matters of Private International (Common) Law ADRIAN BRIGGS
9. The Law of Unjust Enrichment in the House of Lords: Judging the Judges GRAHAM VIRGO
10. Use of Scholarship by the House of Lords in Tort cases KEITH STANTON
11. Judges and Academics: Features of a Partnership ALEXANDRA BRAUN
12. Does Advocacy Matter in the Lords? ALAN PATERSON
13. Close Calls in the House of Lords BRICE DICKSON