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The Judicial House of Lords


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Table of Contents

EDITORS' INTRODUCTION ; NOTES ON CONTRIBUTORS ; PART A: THE INSTITUTION ; 1. The Judicial Role of the House of Lords before 1870 ; 2. The Judicial House of Lords: Abolition and Restoration 1873-1876 ; 3. The Judicial Office ; 4. The House of Lords and the English Court of Appeal ; 5. From Appellate Committee to Supreme Court: A Narrative ; PART B: THE JUDGES ; 6. The Lord Chancellor as Head of the Judiciary ; 7. Appointments to the House of Lords: Who Goes Upstairs ; 8. The Law Lords: Who has Served ; 9. 1966 and All That: The Story of the Practice Statement ; 10. Style of Judgments ; 11. Law Lords in Parliament ; PART C: DEVELOPMENT OF THE COURT ; 12. The Early Years of the House of Lords, 1876-1914 ; 13. A Developing Jurisdiction, 1914-1945 ; 14. Towards a System of Administrative Law: The Reid and Wilberforce Era, 1945-1982 ; 15. The End of the Twentieth Century: The House of Lords 1982-2000 ; 16. A Hard Act to Follow: The Bingham Court, 2000-2008 ; PART D: REGIONAL AND EXTERNAL PERSPECTIVES ; 17. From Scotland and Ireland ; (a) Scotland after 1707 ; (b) Ireland ; (c) Northern Ireland after 1921 ; 18. The Interplay with the Judicial Committee of the Privy Council ; 19. The Old Commonwealth ; (a) Australia and New Zealand ; (b) Canada ; (c) South Africa ; (d) India ; 20. Reflections from the New Commonwealth ; 21. A Transatlantic Comparison ; 22. A European Perspective ; 23. Views from Legal Practice ; 24. A View from the City ; 25. A Political Scientist's View ; PART E: SPECIFIC AREAS ; 26. International law ; 27. European influences ; 28. Constitutional law ; 29. Administrative law ; 30. Human Rights ; 31. Non-discrimination and Equality ; 32. Criminal Law ; 33. Fair Trial: 'One Golden Thread' ; 34. Torts ; 35. Libel, Privacy, and Freedom of Expression ; 36. Family law ; 37. Land Law ; 38. Commercial Law ; 39. Intellectual Property ; 40. 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

Sir Louis Blom-Cooper is Bencher of the Middle Temple Brice Dickson is Professor of International and Comparative Law, Queen's University Belfast Gavin Drewry is Professor of Public Administration, Royal Holloway, University of London


...essential reading to those interested in judicial politics, in the evolution of judicial institutions more generally, and to some legal historians. Perhaps more impressive than its crucial importance to some readers is the fact that JHOL will provide something of substantial interest to almost all scholars of law with the jurisdictions of the UK and indeed the Commonwealth more generally. * Lindsay Stirton, The University of Sheffield, Public Law Journal *
...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 *
The record of the Law Lords [is] elegantly and amply collected in this volume * Mark McGinness, Australian Law Journal 84 *
[T]his book will be of interest to any lawyer with a curiosity in recent constitutional reform, Academics and students will also find it a useful resource. * John Townsend, International and Comparative Law Quarterly *
This is a kaleidoscopic and admirable work...The editors and authors are to be congratulated...The Judicial House of Lords 1876-2009 will provide valuable perspectives on the new Supreme Court's role and activities. * The Right Hon the Lord Mance, Justice of the Supreme Court *
With the start of the new Supreme Court on October 1, 2009 this splendid book's appearance is timely, and of a special interest to show how the Law Lords handled crime. * Florence O'Donoghue *
This is a fine book, full of learning and insight as well as valuable raw data (such as pen portraits of all the Law Lords that comprise one of the book's appendices) from which all lawyers, and many more folk besides, may gain much. * Adam Tomkins, Edinburgh Law Review *

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