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The Judicial House of Lords


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Table of Contents

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

About the Author

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


`...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

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