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In the context of the far-reaching reforms proposed for the Appellate Committee of the 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 overlapoping themes. The first of these is the complexity of accommodating national differences within the UK into the institutional design of the new supreme court. Not only will it be a court for the UK's three legal systems, and simultaneously a national institution of the whole UK, but it is also likey 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. Finally, the connections between the UK's top-level courts and other courts, especially intermediate courts of appeal, the European Court of Justice, and the European Court of human rights, are examined.
In 2009 the new Supreme Court of the United Kingdom was opened by HM The Queen in a spectacularly refurbished building in Parliament Square, Westminster, at the very heart of the British state. This elegant and absorbing book charts the progress towards and realization of this significant event in the nation's history. Chapters by two of the most eminent British judges, Lady Hale and Lord Bingham, explore the evolution of the court and of its home. Further essays by distinguished art and architectural historians, together with dramatic specially commissioned photographs by Tim Imrie, reveal in compelling detail how the building was transformed into an inspiring public space - a vibrant incarnation of the essential value of justice and its power to enhance all our lives.
Do judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views? When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people. But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just ‘a blank piece of paper’. Joshua Rozenberg, Britain’s best-known commentator on the law, asks how judges can maintain public confidence while making hard choices.
The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.
This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.
When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Praise for the previous editions “[A] slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists ... [students] will certainly find it worth their while' Cambridge Law Journal “[The] written style is admirably clear, conversational and free from jargon ... It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher Education This timely new edition addresses the many constitutional changes that have arisen since 2016 (including those brought about by Brexit and the COVID-19 pandemic) whilst retaining its hallmark features of clarity and concision. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. Engaging with the central issues in play as the UK enters a new chapter, it explores the impact on devolved government, the principle of sovereignty, the role of the courts and parliamentary reform. As well as providing a contextual and authoritative overview of the principles, doctrines and institutions that underpin the elusive constitution, this study will allow students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.
This best-selling textbook covers the essential topics of undergraduate public law modules in an insightful and interesting way. The authors capture the vibrant nature of public law in practice and the key contemporary debates in the field.
This revised and updated tenth edition of the bestselling textbook Politics UK is an indispensable introduction to British politics. It provides a thorough and accessible overview of the institutions and processes of British government, an excellent grounding in British political history and an incisive introduction to the issues and challenges facing Britain today. This edition welcomes three brand new chapters - ‘Elites in the United Kingdom’, 'Gender and British politics' and 'UK Immigration policy in hostile environment' - alongside rigorously updated revised chapters. It delivers excellent coverage of contemporary events, with significant new material covering: the Johnson premiership and the national challenge of Covid-19, the end of the May premiership and the implementation of Brexit, the Labour Party’s transition from Corbyn to Starmer, infrastructure and innovation, 'fake news', populism and nationalism, the UK’s place in a post-Brexit world, climate change, social mobility and elite recruitment, devolution and regionalism, constitutional strain, the role of political advisers, abuse and incivility in politics and much more. Other features of the new edition include: A wide range of illustrative material, boxes and case studies providing illuminating examples alongside the analysis. A comprehensive ‘who’s who’ of politics in the form of Profile boxes featuring key political figures. And another thing . . . pieces containing short articles on salient and pressing topics, written by distinguished commentators including Sir John Curtice, Sir Simon Jenkins, Andrew Rawnsley, Baroness Julie Smith of Newnham, and Philip Collins. Online interviews on the book’s website see notable figures from British political life discussing the pressing issues of today. With chapters written by highly respected scholars in the field and contemporary articles on real-world politics from well-known political commentators, this textbook is an essential guide for all students of British politics.
From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.