2009 saw the centenary of the Society of Legal Scholars and the transition from the House of Lords to the new Supreme Court. The papers presented in this volume arise from a seminar organised jointly by the Society of Legal Scholars and the University of Birmingham to celebrate and consider these historic events. The papers examine judicial reasoning and the interaction between judges, academics and the professions in their shared task of interpretative development of the law. The volume gathers leading authorities on the House of Lords in its judicial capacity together with academics whose specialisms lie in particular fields of law, including tort, human rights, restitution, European law and private international law. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and with reference to different jurisdictions. The aim of the volume is to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court.
James Lee is a Lecturer in Law at the University of Birmingham. In 2010 he was elected to a 3-Year Academic Fellowship of the Honourable Society of the Inner Temple.
1 Introduction JAMES LEE 2. A Darwinian Reflection on Judicial Values and Appointments to Final National Courts M ICHAEL KIRBY 3. From Appellate Committee to UK Supreme Court: Independence, Activism and Transparency AILEEN KAVANAGH 4. Taking Women's Property Seriously: Mrs Boland, the House of Lords, the Law Commission and the Role of Consensus E LIZABETH COOKE 5. 'Inconsiderate Alterations in our Laws': Legislative Reversal of Supreme Court Decisions JAMES LEE 6. (Dis)owning the Convention in the Law of Tort JENNY STEELE 7. Keeping Their Heads Above Water? European Law in the House of Lords ANTHONY ARNULL 8. The Development of Principle by a Final Court of Appeal in Matters of Private International (Common) Law ADRIAN BRIGGS 9. The Law of Unjust Enrichment in the House of Lords: Judging the Judges GRAHAM VIRGO 10. Use of Scholarship by the House of Lords in Tort cases KEITH STANTON 11. Judges and Academics: Features of a Partnership ALEXANDRA BRAUN 12. Does Advocacy Matter in the Lords? ALAN PATERSON 13. Close Calls in the House of Lords BRICE DICKSON