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This book provides a detailed account of each law officer’s
functions and draws on that account as the basis for a conceptual
analysis of their constitutional legitimacy. In recent years, the
constitutional legitimacy of law officers has been questioned
repeatedly because of recurring controversies surrounding the
discharge of their varied functions. Indeed, it has become
increasingly clear that those functions enable law officers to play
a highly influential part in the regulation and exercise of public
power throughout the United Kingdom. McCormick argues that the most
persuasive framework for analysing the offices which make up this
diverse regime involves concentrating on the constitutional values
of independence, accountability and trust which underpin it. Both
aspects of the book – namely the explanation of individual
functions and the conceptual analysis of collective legitimacy –
are written in a holistic way which encompasses critical analyses
about the Attorney General and Solicitor General for England and
Wales; the Counsel General for Wales; the Lord Advocate, Solicitor
General and Advocate General for Scotland, as well as the Attorney
General and Advocate General for Northern Ireland.
This book provides a detailed account of each law officer’s
functions and draws on that account as the basis for a conceptual
analysis of their constitutional legitimacy. In recent years, the
constitutional legitimacy of law officers has been questioned
repeatedly because of recurring controversies surrounding the
discharge of their varied functions. Indeed, it has become
increasingly clear that those functions enable law officers to play
a highly influential part in the regulation and exercise of public
power throughout the United Kingdom. McCormick argues that the most
persuasive framework for analysing the offices which make up this
diverse regime involves concentrating on the constitutional values
of independence, accountability and trust which underpin it. Both
aspects of the book – namely the explanation of individual
functions and the conceptual analysis of collective legitimacy –
are written in a holistic way which encompasses critical analyses
about the Attorney General and Solicitor General for England and
Wales; the Counsel General for Wales; the Lord Advocate, Solicitor
General and Advocate General for Scotland, as well as the Attorney
General and Advocate General for Northern Ireland.
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. 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 topical contributions from
a range of legal experts in Britain and Ireland. Lord Kerr's
particular interest 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.
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. 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 topical contributions from
a range of legal experts in Britain and Ireland. Lord Kerr's
particular interest 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.
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