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The Judicial Mind: A Festschrift for Lord Kerr of Tonaghmore

The Judicial Mind: A Festschrift for Lord Kerr of Tonaghmore

Author: Brice Dickson; Conor McCormick
Publisher: Hart Publishing
ISBN: 9781509944781

Published In: December 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509944828

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This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. It was originally commissioned before his retirement and he had kindly agreed to contribute a chapter to it himself, but his sudden death has robbed us of that.

Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004, before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court, where after exactly 11 years he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism.

Lord Kerr's judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes a wide variety of topical contributions by leading academics and senior members of the judiciary. Lord Kerr's expertise in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.

Foreword

Lord Reed (Supreme Court, UK)

1. Introduction

Brice Dickson and Conor McCormick (Queen's University Belfast, UK)

Part I - The Judicial Mind of Lord Kerr

2. Lord Kerr's Contribution to Family Law, Child Law and Women's Rights (title TBC)

Lady Hale of Richmond (formerly of the Supreme Court, UK)

3. A Dialogue on Discrimination and Equality: The UK Supreme Court and Article 14 ECHR

Rory O'Connell (Ulster University, UK)

4. Human Rights Case Law and the Feminist Judge: Notes from the UK Supreme Court

Kathryn McNeilly (Queen's University Belfast, UK)

5. The Great Dissents (title TBC)

Rachel Cahill-O'Callaghan (Cardiff University, UK)

6. Lord Kerr and Articles 2 and 3 of the ECHR

Brice Dickson (Queen's University Belfast, UK)

7. Two Journeys Intertwined: EU Law in the Judgments of Lord Kerr

Imelda Maher (University College Dublin, Ireland)

8. Aspects of the Jurisprudence of the Judicial Committee of the Privy Council (title TBC)

Derek O'Brien (Oxford Brookes University, UK)

Part II - Judicial Minds More Generally

9. Sir Denis Henry, the First Lord Chief Justice of Northern Ireland (title TBC)

Eamon Phoenix (Stranmillis University College, UK)

10. Developments Within Legal Education and the Legal Professions in Northern Ireland in the Last 50 Years

John Morison (Queen's University Belfast, UK)

11. The Extent to Which Acts Enacted by Devolved Legislatures in the UK Can Be Treated as Primary Legislation (title TBC)

Aileen McHarg (University of Durham, UK)

12. The Conditional Partition of Executive Power in Northern Ireland (title TBC)

Conor McCormick (Queen's University Belfast, UK)

13. Carltona – Is It Time to Call Time?

Claire Archbold (Queen's University Belfast and Departmental Solicitors Office, Belfast, UK)

14. Lord Kerr and the Development of Judicial Review: Three Key Cases

Gordon Anthony (Queen's University Belfast, UK)

15. Fair Criminal Trials (title TBC)

John Jackson (University of Nottingham, UK)

16. Adoption: The Crossroads of Law and Social Work

Sarah Hansen (Queen's University Belfast, UK)

17. Social Security Law (title TBC)

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