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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
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Final Judgment - The Last Law Lords and the Supreme Court (Hardcover, New)
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Final Judgment - The Last Law Lords and the Supreme Court (Hardcover, New)
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Winner of the Inner Temple book prize 2015 and the Socio-Legal
Studies Association Book prize 2014/15 The House of Lords, for over
300 years the UK's highest court, was transformed in 2009 into the
UK Supreme Court. This book provides a compelling and unrivalled
view into the workings of the Court during its final decade, and
into the formative years of the Supreme Court. Drawing on over 100
interviews, including more than 40 with Law Lords and Justices, and
uniquely, some of their judicial notebooks, this is a landmark
study of appellate judging 'from the inside' by an author whose
earlier work on the House of Lords has provided a scholarly
benchmark for over 30 years. The book demonstrates that appellate
decision-making in the UK's final court remains a social and
collective process, primarily because of the dialogues which take
place between the judges and the key groups with which they
interact when reaching their decisions. As the book shows, the
forms of dialogue are now more varied, yet the most significant
dialogues continue to be with their fellow Law Lords and Justices,
and with counsel. To these, new dialogues have been added, namely
those with foreign courts (especially Strasbourg) and with judicial
assistants, which have subtly altered the tenor and import of their
other dialogues. The research reveals that, unlike the English
Court of Appeal, the House of Lords in its last decade was only
intermittently collegial since Lord Bingham's philosophy of
appellate judging left opinion writing, concurrences and dissents
largely to individual preference. In the Supreme Court, however,
there has been a marked shift to team working and collective
decision-making bringing with it challenges and occasional tensions
not seen in the final years of the House of Lords. The work shows
that effectiveness in group-decision making in the final court
turns in part on the stages when dialogues occur, in part on the
geography of the court and in part on the task leadership and
social leadership skills of the judges involved in particular
cases. The passing of the Human Rights Act and the expansion in
judicial review over the last 30 years have dramatically altered
the two remaining dialogues - those with Parliament and with the
Executive. With the former, the dialogue has grown more distant,
with the latter, more problematic, than was the case 40 years ago.
The last chapter rehearses where the changing dialogues have left
the UK's final court. Ironically, despite the oft applauded
commitment of the new Court to public visibility, the book
concludes that even greater transparency in the dialogue with the
public may be required. 'The way appellate judges at the highest
level behave to each other, to counsel, with other branches of
government and with other courts is brought under closer scrutiny
in this book than ever before...The remarkable width and depth of
his examination...has resulted in a work of real scholarship, which
all those who are interested in how appellate courts work all over
the common law world will find especially valuable.' From the
foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge
and interest in the Supreme Court, coupled with his expertise as a
lawyer who understands the legal system and the judicial process,
make him a perfect chronicler and assessor of what the Court's role
is and what it should be, and how it functions and how it might
improve.' Lord Neuberger, President of the Supreme Court
General
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