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

2009 saw the centenary of the Society of Legal Scholars and the transition from 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 the University of Birmingham to celebrate and consider these historic events. The papers examine judicial reasoning and the interaction between judges, academics and the professions in their shared task of interpretative development of the law. 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, including tort, human rights, restitution, European law and private international law. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and with reference to different jurisdictions. The aim of the volume is to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court. A Darwinian Reflection On Judicial Values And Appointments To Final National Courts / Michael Kirby -- From Appellate Committee To Uk Supreme Court : Independence, Activism And Transparencey / Aileen Kavanagh -- Taking Women's Property Seriously : Mrs. Boland, The House Of Lords, The Law Commission And The Role Of Consensus / Elizabeth Cooke -- 'inconsiderate Alterations In Our Laws' : Legislative Reversal Of Supreme Court Decisions / James Lee -- (dis)owning The Convention In The Law Of Tort / Jenny Steele -- Keeping Their Heads Above Water? : European Law In The House Of Lords / Anthony Arnull -- The Development Of Principle By A Final Court Of Appeal In Matters Of Private International (common) Law / Adrian Briggs -- The Law Of Unjust Enrichment In The House Of Lords : Judging The Judges / Graham Virgo -- Use Of Scholarship By The House Of Lords In Tort Cases / Keith Stanton -- Judge And Academics : Features Of A Partnership / Alexandra Braun -- Does Advocacy Matter In The Lords? / Alan Paterson -- Close Calls In The House Of Lords / Brice Dickson. Edited By James Lee. Includes Bibliographical References And Index. Introduction / James Lee A Darwinian reflection on judicial values and appointments to final national courts / Michael Kirby From appellate committee to UK Supreme Court : independence, activism and transparencey / Aileen Kavanagh Taking women's property seriously : Mrs. Boland, the House of Lords, the Law Commission and the role of consensus / Elizabeth Cooke 'Inconsiderate alterations in our laws' : legislative reversal of Supreme Court decisions / James Lee (Dis)owning the convention in the law of tort / Jenny Steele Keeping their heads above water? : European law in the House of Lords / Anthony Arnull The development of principle by a final court of appeal in matters of private international (common) law / Adrian Briggs The law of unjust enrichment in the House of Lords : judging the judges / Graham Virgo Use of scholarship by the House of Lords in tort cases / Keith Stanton Judge and academics : features of a partnership / Alexandra Braun Does advocacy matter in the Lords? / Alan Paterson Close calls in the House of Lords / Brice Dickson. In the UK, 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 book arise from a seminar organized jointly by the Society of Legal Scholars and the 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 specialties 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 book takes the jurisprudence of the House of Lords seriously and contributes to the shared task of interpretative development of the law. 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 organized jointly by the Society of Legal Scholars and University of Birmingham to celebrate and reflect on these historic events