24 Jan 2021 | Publications, Supreme Court Reform
In the wake of our August paper, Reforming the Supreme Court, Policy Exchange’s Judicial Power Project is pleased to publish a new symposium on Supreme Court reform, in which distinguished legal commentators engage with the question of how and by whom appellate...
24 Jan 2021 | Supreme Court Reform
In our recent paper, Reforming the Supreme Court, Professor Wyatt and I discussed the merits of his proposal to authorise changing panels of Court of Appeal judges to act as the apex appellate court. I noted that my initial view had been that the proposal was too...
24 Jan 2021 | Supreme Court Reform
In Reforming the Supreme Court, Professor Wyatt and Professor Ekins have produced a thoughtful contribution to the ongoing scholarly debate on the correct limits to judicial power; a debate which is, and always has been, driven by political rather than legal...
24 Jan 2021 | Supreme Court Reform
Nomen omen – but not always. The High Courts and Courts of Appeal in England and Northern Ireland formed part of the Supreme Court of Judicature before the coming into force of the Constitution Reform Act 2005 and, by and large, there was never a widespread...
24 Jan 2021 | Supreme Court Reform
The debate about the role of judiciary in our democracy, and in particular of the Supreme Court, will never be resolved to everyone’s satisfaction. At root, there is fundamental disagreement about the legitimate function of the judges under the British...
24 Jan 2021 | Supreme Court Reform
Introduction This paper is a sequel to the earlier one published by Policy Exchange entitled “Should the UK Supreme Court be abolished?”[1] A number of commentators, as well as the contributors to this symposium, have discussed my proposal for an extended Final Court...
24 Jan 2021 | Supreme Court Reform
Full Disclosure The politically febrile aftermath of Miller I[1] and Miller II[2]is not an ideal time to consider the reform of our Supreme Court. Those decisions seemed, at the time, of enormous political significance, and partisans for the losing side (I am...
