Building the UK's New Supreme Court
National and Comparative Perspectives
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Product details:
- Publisher OUP Oxford
- Date of Publication 18 March 2004
- ISBN 9780199264629
- Binding Hardback
- No. of pages376 pages
- Size 242x162x23 mm
- Weight 702 g
- Language English 0
Categories
Short description:
Building the UK's New Supreme Court is a collection of essays by academics and legal practitioners on questions relating to the institutional and procedural design of the UK's proposed new top-level court. They consider the interrelationships between the work of the Law Lords and courts in Scotland, Northern Ireland, the Court of Appeal, the European Court of Justice, and the European Court of Human Rights. Other essays examine the scope for lesson-learning from the experiences of top courts outside the UK - the US Supreme Court, the Supreme Court of Canada, and the German and Spanish constitutional courts.
MoreLong description:
In the context of the far-reaching reforms proposed for the Appellate Committee 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 overlapping themes. The first of these is the complexity of accommodating national differences within the UK into the institutional design of the new supreme court. It will be not only a court for the UK's three legal systems, and simultaneously a national institution of the whole UK, but it is also likely 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. Thirdly, the connections between the UK's top-level court and other courts, especially intermediate courts of appeal, the European Court of Justice, and the European Court of Human Rights are examined.
The book is a valuable and timely contribution that will leave the reader with a sense of the competing demands and pressures on the designers of the Supreme Court. The book does not so much prescribe a vision for the court, but rather identifies how the various choices will have a substantive impact on the UK's political and legal culture. Any reader of this volume will gain a clear understanding of the important and complex issues that have been raised by the government's decision to create a Supreme Court.
Table of Contents:
Part I: Introduction
Comparative Lesson Learning and the Court Reform Agenda
Part II: Top-level National Courts in Devolved and Federal Contexts
Scottish Perspectives on Top Court Reform
Northern Ireland Perspectives on Top Court Reform
Canadian Attempts to Accommodate Regional Difference in Court Design
Ideas of 'representation' in United Kingdom Court Structures
The Spanish Experience of Division of Powers Adjudication
The Canadian Experience of Division of Powers Adjudication
Part III: Top-level National Courts in the Wider Europe
The Bundesverfassungsgericht, the European Court of Justice, and the European Court of Human Rights
The Law Lords and the European Courts
Part IV: Intermediate Courts of Appeal and Top-level National Courts
The Court of Appeal in England and Wales and the House of Lords
The US Supreme Court and Federal Courts of Appeals
Choosing Cases
Part V: Judges
Judicial Appointments in the Era of Human Rights and Devolution
Relationships between Bar and Bench
