The Judicial House of Lords: 1870-2009

Author: Louis Blom-Cooper; Gavin Drewry; Brice Dickson
Publisher: Oxford University Press
ISBN: 9780199693337
Published In: September 2011
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Offers a comprehensive history of a major judicial institution as it transferred its position to the new UK Supreme Court
Includes contributions from over 40 leading lawyers and legal historians, including several current and former members of the House of Lords
Features perspectives on the influence of the House beyond the UK, including contributions on international law from Rosalyn Higgins, and EU law from Sir Francis Jacobs and David Anderson
New to this edition

This paperback edition includes a new preface discussing the final year of the Judicial House of Lords
The House of Lords served as the highest court in the UK for over 130 years. In 2009 the new UK Supreme Court took over its judicial functions, closing the doors on one of the most influential legal institutions in the world, and a major chapter in the history of the UK legal system.

This volume gathers over 40 leading scholars and practitioners from the UK and beyond to provide a comprehensive history of the House of Lords as a judicial institution, charting its role, working practices, reputation and impact on the law and UK legal system. The book examines the origins of the House's judicial work; the different phases in the court's history; the international reputation and influence of the House in the legal profession; the domestic perception of the House outside the law; and the impact of the House on the UK legal tradition and substantive law.

The book offers an invaluable overview of the Judicial House of Lords and a major historical record for the UK legal system now that it has passed into the next chapter in its history.

Readership: Students of UK law, constitution and history; legal practitioners; judges and court administrators; journalists; political scientists and politicians.

Editors' Introduction
Preface to the Paperback Edition: The Final Year of the Judicial House of Lords
Notes on Contributors
PART A: THE INSTITUTION
1: David Lewis Jones: The Judicial Role of the House of Lords before 1870
2: David Steele: The Judicial House of Lords: Abolition and Restoration 1873-1876
3: James Vallance White: The Judicial Office
4: Gavin Drewry and Louis Blom-Cooper: The House of Lords and the English Court of Appeal
5: Andrew Le Sueur: From Appellate Committee to Supreme Court: A Narrative
PART B: THE JUDGES
6: Dawn Oliver: The Lord Chancellor as Head of the Judiciary
7: Kate Malleson: Appointments to the House of Lords: Who Goes Upstairs
8: Tom Bingham: The Law Lords: Who has Served
9: Louis Blom-Cooper: 1966 and All That: The Story of the Practice Statement
10: Louis Blom-Cooper: Style of Judgments
11: David Hope: Law Lords in Parliament
PART C: DEVELOPMENT OF THE COURT
12: Patrick Polden: The Early Years of the House of Lords, 1876-1914
13: David GT Williams: A Developing Jurisdiction, 1914-1945
14: Louis Blom-Cooper and Gavin Drewry: Towards a System of Administrative Law: The Reid and Wilberforce Era, 1945-1982
15: Michael J Beloff: The End of the Twentieth Century: The House of Lords 1982-2000
16: Brice Dickson: A Hard Act to Follow: The Bingham Court, 2000-2008
PART D: REGIONAL AND EXTERNAL PERSPECTIVES
17: From Scotland and Ireland
Philip H Brodie: (a) Scotland after 1707
Ronan Keane: (b) Ireland
Brice Dickson: (c) Northern Ireland after 1921
18: Kenneth Keith: The Interplay with the Judicial Committee of the Privy Council
19: The Old Commonwealth
Michael Kirby: (a) Australia and New Zealand
Robert Sharpe: (b) Canada
Arthur Chaskalson: (c) South Africa
Adarsh Sein Anand: (d) India
20: Fred Phillips: Reflections from the New Commonwealth
21: Tom Zwart: A Transatlantic Comparison
22: Laurence Burgorgue-Larsen: A European Perspective
23: Arthur Marriott : Views from Legal Practice
24: Michael Blair: A View from the City
25: Professor Gavin Drewry: A Political Scientist's View
PART E: SPECIFIC AREAS
26: Rosalyn Higgins: International Law
27: Francis Jacobs and David Anderson: European Influences
28: Brigid Hadfield: Constitutional Law
29: Paul Craig: Administrative Law
30: David Feldman: Human Rights
31: Brenda Hale: Non-discrimination and Equality
32: JR Spencer: Criminal Law
33: Anthony Hooper: Fair Trial: 'One Golden Thread'
34: Robert Stevens: Torts
35: Eric Barendt: Libel, Privacy, and Freedom of Expression
36: Stephen Cretney: Family law
37: Derek Wood: Land Law
38: Francis Reynolds: Commercial Law
39: Robin Jacob: Intellectual Property
40: John Tiley and Stephen Oliver: Tax Law
APPENDICES
i: Lords of Appeal in Ordinary from 1876
ii: Who Succeeded Whom?
iii: Lord Chancellors from 1876
iv: Pen Portraits of the Lords of Appeal

Edited by Louis Blom-Cooper QC, Bencher of the Middle Temple, Brice Dickson, Professor of International and Comparative Law, Queen's University Belfast, and Gavin Drewry, Professor of Public Administration, Royal Holloway, University of London

Contributors:

Justice Adarsh Sein Anand, former Chief Justice, Supreme Court of India
David Anderson QC, Barrister, Brick Court Chambers
Sir Robin Auld, Lord Justice of Appeal (retired)
Eric Barendt, Professor of Media Law, University College London
Michael J Beloff QC, judge and arbitrator
Lord Bingham, Senior Law Lord
Michael Blair QC, Barrister, 3 Verulam Buildings, Gray's Inn
Sir Louis Blom-Cooper, Barrister
Hon Lord Brodie, Senator of the College of Justice, Scotland
Laurence Burgorgue-Larsen, Professor of Law, University of Paris I Panthéon Sorbonne
Arthur Chaskalson, former Chief Justice of South Africa
Paul Craig, Professor of English Law, St John's College, Oxford
Stephen Cretney, Emeritus Fellow, All Souls College, Oxford
Brice Dickson, Professor of International and Comparative Law, Queen's University Belfast
Gavin Drewry, Professor of Public Administration, Royal Holloway, University of London
David Feldman, Rouse Ball Professor of English Law, University of Cambridge
Brigid Hadfield, Professor of Constitutional Law, University of Essex
Brenda Hale, Lord of Appeal in Ordinary
HE Rosalyn Higgins, DBE, QC, President, International Court of Justice
Rt Hon Sir Anthony Hooper, Lord Justice of Appeal
Lord Hope of Craighead, Lord of Appeal in Ordinary
Rt Hon Sir Robin Jacob, Lord Justice of Appeal
Francis G Jacobs, Advocate General, Court of Justice of the European Communities, 1988-2006
Mr Justice Ronan Keane, retired Chief Justice of Ireland
Judge Kenneth Keith, International Court of Justice
Hon Justice Michael Kirby AC CMG, Justice of the High Court of Australia
Andrew Le Sueur, Professor of Public Law, Queen Mary, University of London
David Lewis Jones, House of Lords Librarian 1991-2006
Mark Littman QC, Barrister, 12, Gray's Inn Square
Kate Malleson, Professor of Law, Queen Mary, University of London
Arthur Marriott QC, Partner, Dewey & LeBoeuf
Dawn Oliver FBA, Professor of Constitutional Law, University College London
Sir Stephen Oliver QC, President of the Finance and Tax Tribunals
Sir Fred Phillips, former Governor of Antigua
Patrick Polden, Professor of Law, Brunel Law School
FMB Reynolds QC, Professor of Law Emeritus, University of Oxford
Justice Robert J Sharpe, Court of Appeal for Ontario
JR Spencer QC, Professor of Law, University of Cambridge
David Steele, former Reader in History, University of Leeds
Professor Robert Stevens, Professor of Commercial Law, University College London
John Tiley, Professor, Faculty of Law, University of Cambridge
James Vallance White CB, former Clerk of the Judicial Office, House of Lords
Professor Sir David Williams, Rouse Ball Professor of English Law 1983-92
Derek Wood QC, Barrister, Falcon Chambers, London
Tom Zwart, International Dean, Utrecht School of Law

"...everything you wanted to know about every lord ever-112 of them-is in The Judicial House of Lords 1876-2009" - Marcel Berlins, The Guardian

"...a collection of essays from leading legal minds, easily digestible individually. Furthermore, it achieves the difficult task of documenting the complex history of the judicial House of Lords, while predicting its impact upon the newly constituted Supreme Court" - Emily Dix, intern with JUSTICE from Boston College Law School

"A monumental collection of scholarly contributions" - Antony Lentin, author of The Last Political Law Lord: Lord Sumner (1859-1934) (2008) [Cambridge Scholars Publishing]

"As the new court prepares for its official opening next month, Louis Blom-Cooper, QC, has published a weighty tome of articles under the title The Judicial House of Lords, providing the chance of a nostalgic retrospective...there are chapters from 40 leading academics, lawyers, and judges spanning no fewer than 912 pages, a collective valedictory tribute as the House of Lords loses its judicial arm and the Supreme Court opens." - Frances Gibb, The Times, September 2009

"Sir Louis Blom-Cooper QC has practised as a barrister for nearly sixty years. In The Judicial House of Lords 1876-2009, he and his fellow editors have well shown what was lost when the House of Lords concluded its last hearing in July. This book is not only the record of a court but an authoritative introduction to recent developments in every major area of the law. More than forty academics, lawyers and judges have analysed the judicial House of Lords from every perspective. Blom-Cooper, who worked as a part-time legal journalist when barristers were not allowed to write under their own names, has even contributed a chapter on the law lords' literary style." - Joshua Rozenberg, The Times Literary Supplement, September 2009

"beautifully produced" - Joshua Rozenberg, Times Literary Supplement

"A work of scholarship and insight with editorial voices sounding forth from every aspect of the legal profession...It is, indeed, a tribute to what is now a piece of constitutional history." - Phillip Taylor and Elizabeth Taylor, Richmond Green Chambers

"...not only the record of a court but an authoritative introduction to recent developments in every major area of law. More than forty academics, lawyers and judges have analysed the judicial House of Lords from every perspective." - Joshua Rozenberg, Times Literary Supplement

"The overall quality, in terms of both presentation and content, is first-class...The editors and publisher are to be congratulated on achieving what must have been a Herculean task. It is undoubtedly a fitting tribute to a mighty institution." - Christopher Brown, UKSCblog, November 2009

"With the start of the new Supreme Court on October 1, 2009, this splendid book's appearance is timely, and of special interest to show how the Law Lords handled crime." - Florence O'Donoghue, Barrister, Criminal Law and Justice Weekly