Building the UK's New Supreme Court: National and Comparative Perspectives

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Andrew P. Le Sueur
Oxford University Press, 2004 - Law - 345 pages
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 bybroad 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, butit 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 theconstitutional 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.
 

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Contents

The Conception of the UKs New Supreme Court
3
European Court of Human Rights
8
the Devolutionary Settlement and
23
Toronto Electric Commissioners v Snider 1925 AC 396 134 137 138
24
w Kansal Yash PalNo 2 2001 UKHL 62 2002 2 AC69 HL 2762
27
Scottish Ministers 2001 UKPC D5 2002 SC PC
30
w Karl Benjafield 2001 3 WLR 75 CA
33
France 15 November 1996 RJD 1996V 1614
36
Esso Standard Interamerica Inc v JW Entreprises 1963 SCR 144 104
144
Constitutional Court
145
AG PrinceEdward Island 1976 2 SCR 349 106
163
UK 1998 29 EHRR 245 211215
171
Present State
175
European Union Treaty 1994 1 CMLR 57 36 205
182
Germany 2003 36 EHRR 43
194
The Law Lords and the European Courts
199

UK 1996 21 EHRR 97 208215
44
Beaufort Developments NI Ltd v GilbertAsh NI Ltd 1999 1 AC266
51
Re Broderick a bankrupt1986 6 NIJB36 86
56
Bishop of London v Ffytche 178336 Lords Journals 587
70
Keable 1983 2 SCR 71 107
71
Regional Differences through Judicial Designthe Canadian
95
Cowell no 1 2000 1 WLR 187
96
Energy Resources Conservation Board 1981 1 SCR 153
104
w Canada Temperance Federation 1946 AC 193 136139
106
The Queen 1981 1 SCR 282
111
Proprietary Articles Trade Assoc v AG Canada 1931 AC 310
134
Cassell Co Ltd 1972 AC 1027
200
Murex 1995 All ER EC 88
202
Denmark
205
The Role of the Court of Appeal in England and Wales
221
Intermediate Courts of Appeals and Their Relations
237
Choosing Cases for Toplevel Courts
271
JUDGES
295
The Relationship between the Bar and the House of Lords
315
w LAUTRO ex p Ross 1993 1 QB 17
321
Bibliography
329
Copyright

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About the author (2004)


Andrew Le Sueur read law at the London School of Economics and was called to the Bar of England and Wales in 1987. From 1988 to 2000 he taught in the Faculty of Laws, UCL before being appointed to the Barber Chair of Jurisprudence at The University of Birmingham in 2001. He is a visiting research fellow at UCL Constitution Unit.

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