Building the UK's New Supreme Court: National and Comparative PerspectivesIn the context of the far-reaching reforms proposed for the Appellate Committee of the House of Lords and the Judicial Committee of the Privy Council, "Building the UK's New Supreme Court" considers the operation and reform of courts at the apex of the UK's legal systems. The chapters are linked by broad and overlapoping themes. The first of these is the complexity of accommodating national differences within the UK into the institutional design of the new supreme court. Not only will it be a court for the UK's three legal systems, and simultaneously a national institution of the whole UK, but it is also likey to be called upon to resolve division of powers disputes within the emerging system of multi-level government. A second theme is the scope for comparative lesson-learning from top courts in other legal systems; the Supreme Court of Canada, the US federal courts system, and the constitutional courts in Germany and Spain are considered. Finally, the connections between the UK's top-level courts and other courts, especially intermediate courts of appeal, the European Court of Justice, and the European Court of human rights, are examined. |
Mnenja - Napišite recenzijo
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Vsebina
The Conception of the UKs New Supreme Court | 3 |
European Court of Human Rights | 8 |
the Devolutionary Settlement and | 23 |
Toronto Electric Commissioners v Snider 1925 AC 396 134 137 138 | 24 |
Scottish Ministers 2001 UKPC D5 2002 SC PC | 30 |
France 15 November 1996 RJD 1996V 1614 | 36 |
v Secretary of State for Transport ex p Factortame 1990 | 41 |
UK 1996 21 EHRR 97 208 215 | 44 |
Proprietary Articles Trade Assoc v AG Canada 1931 AC 310 | 134 |
Esso Standard Interamerica Inc v W Entreprises 1963 SCR 144 104 | 144 |
the Experience of the Spanish | 145 |
AG PrinceEdward Island 1976 2 SCR 349 106 | 163 |
UK 1998 29 EHRR 245 211 215 | 171 |
Present State | 175 |
European Union Treaty 1994 1 CMLR 57 36 205 | 178 |
Germany 2003 36 EHRR 43 | 194 |
A Constitutional Court for Northern Ireland? | 49 |
Beaufort Developments NI Ltd v GilbertAsh NI Ltd 1999 1 AC 266 | 51 |
Re Broderick a bankrupt1986 6 NIJB 36 86 | 56 |
Ideas of Representation in UK Court Structures | 67 |
Bishop of London v Ffytche 1783 36 Lords Journals 587 | 70 |
Keable 1983 2 SCR 71 107 | 71 |
Accommodating | 95 |
Cowell no 1 2000 1 WLR 187 | 96 |
Energy Resources Conservation Board 1981 1 SCR 153 | 104 |
Blueberry River Indian Band v Canada 1995 4 SCR 344 | 106 |
The Queen 1981 1 SCR 282 | 111 |
a Canadian Perspective | 115 |
The Law Lords and the European Courts | 199 |
Cassell Co Ltd 1972 AC 1027 | 200 |
Gomes Valente Case C39398 2001 ECR I1327 | 201 |
Denmark | 205 |
The Role of the Court of Appeal in England and Wales | 221 |
Intermediate Courts of Appeals and Their Relations | 237 |
Choosing Cases for Toplevel Courts | 271 |
JUDGES | 295 |
The Relationship between the Bar and the House of Lords | 315 |
Chief Constable of the RUC 2003 UKHL 15 2003 | 326 |
329 | |
Pogosti izrazi in povedi
adjudication administrative Advocate apply appointed authority autonomous communities body British Canada Canadian challenge civil claims Commission competence concerning consider Constitution Act constitutional court Convention course Court of Appeal created criminal decided decisions devolution issues division effect elected England English established European example executive exercise existed fact federal final fundamental given granted hearing High Court House of Lords important independence institutions interests interpretation Irish judges judgments judicial Judicial Committee judiciary jurisdiction Justice Law Lords leave legal system legislation limited majority matters means Northern Ireland Parliament parties political position powers practice principle Privy Council procedure proceedings provincial provisions Quebec Quebec Secession Reference Queen question reason recent Reference reform regarding regional relation represent respect result role rules Scotland Act Scots Scottish statutes structure Supreme Court territorial Union United
Navedki za to knjigo
Devolution, Law Making and the Constitution Robert Hazell,Richard Rawlings Predogled ni na voljo - 2005 |