Building the UK's New Supreme Court

National and Comparative Perspectives

Inbunden, Engelska, 2004

AvAndrew Le Sueur,The University of Birmingham) Le Sueur, Andrew (, Barber Professor of Jurisprudence

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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.

Produktinformation

Utgivningsdatum2004-03-18
Mått162 x 242 x 23 mm
Vikt702 g
FormatInbunden
SpråkEngelska
Antal sidor376
FörlagOUP OXFORD
ISBN9780199264629

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PART I: INTRODUCTION ; 1. Comparative Lesson Learning and the Court Reform Agenda ; PART II: TOP-LEVEL NATIONAL COURTS IN DEVOLVED AND FEDERAL CONTEXTS ; 2. Scottish Perspectives on Top Court Reform ; 3. Northern Ireland Perspectives on Top Court Reform ; 4. Canadian Attempts to Accommodate Regional Difference in Court Design ; 5. Ideas of 'representation' in United Kingdom Court Structures ; 6. The Spanish Experience of Division of Powers Adjudication ; 7. The Canadian Experience of Division of Powers Adjudication ; PART III: TOP-LEVEL NATIONAL COURTS IN THE WIDER EUROPE ; 8. The Bundesverfassungsgericht, the European Court of Justice, and the European Court of Human Rights ; 9. The Law Lords and the European Courts ; PART IV: INTERMEDIATE COURTS OF APPEAL AND TOP-LEVEL NATIONAL COURTS ; 10. The Court of Appeal in England and Wales and the House of Lords ; 11. The US Supreme Court and Federal Courts of Appeals ; 12. Choosing Cases ; PART V: JUDGES ; 13. Judicial Appointments in the Era of Human Rights and Devolution ; 14. Relationships between Bar and Bench

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.