Keeping up with Britain's top Court

Since the demise of the House of Lords Judicial Committee - it really offended the principle of  'Separation of Powers' that the Highest Court was a committee of the Legislature - the Highest Court has been the newly created Supreme Court. Judgments are published, often within minutes of them being delivered.

If you are a law student, or otherwise have an interest in the continuing development of English Law - bookmark this link - http://www.supremecourt.gov.uk/news/judgments.html

English Court Televised

Cameras are not allowed in English courts. However an exception will be made this week. The House of Lords Judicial Committee - the Highest Court in the English Legal System - sits for the last time this week. (From October there will be a new Supreme Court). The final appeals and judgments will be broadcast.



Further details are available at http://news.parliament.uk/2009/07/from-house-of-lords-to-supreme-court/

Article 234 Reference

The Judicial Committee of the House of Lords on Tuesday referred a case to the European Court of Justice in Luxembourg. This procedure allows a question of European Union Law arising in a national court, to be referrred to the ECJ for a ruling on that particular issue. The ECJ gives its interpretation of ECJ, but the national court has to apply it to the case in hand.

This 'preliminary ruling' procedure has played an important role in the development of EU Law - including such key cases as Van Gend en Loos and Costa v. ENEL. A very useful article on EU Law by Petra Lea Láncos can be found at http://www.jak.ppke.hu/hir/ias/200612sz/o1.doc

Some statistical information on Preliminary Rulings can be found at -

It was ordered that the following questions be referred to the Court of Justice of the European Communities for a preliminary ruling under Article 234 of the Treaty establishing the European Community:

1) Is a person of dual Irish and United Kingdom nationality who has resided in the United Kingdom for her entire life a “beneficiary” within the meaning of Article 3 of Directive 2004/38/EC of the European Parliament and of the Council (“the Directive”)?

2) Has such a person “resided legally” within the host Member State for the purpose of Article 16 of the Directive in circumstances where she was unable to satisfy the requirements of Article 7 of Directive 2004/38EC?

and that further consideration of the appeal be adjourned sine die.

http://www.eu-newgov.org/database/DELIV/DLTFIID1&2_Statistical_Examples_Arts_226&234.pdf

The Minutes of Proceedings - Judicial Business records -

McCarthy (FC) (Appellant) v Secretary of State for the Home Department (Respondent) (formerly SM (Eire) (FC) (Appellant) v Secretary of State for the Home Department (Respondent))

The Supreme Court

To most readers of Washminster the term "Supreme Court" will immediately bring to mind the magnificant white building opposite the Congress Building in Washington DC. Soon there will be a rival. This autumn the highest court in the English Legal System will cease to be the "Judicial Committee of the House of Lords" - and instead the new Supreme Court will meet across Parliament Square, in what used to be known as Middlesex Guildhall.

In a press release from the Ministry of Justice it was stated that

"The creation of a world class building for a world class institution will underscore the independence of the judiciary from Government, while emphasising the focus on justice, truth and democracy...

The renovation will restore the building to its original grandeur, as additions from the 1980's are being peeled back and removed to reveal original features, such as ornate ceilings. The historic integrity of this important building is being preserved while a modern functional and publicly accessible court space is created."

Middlesex Guildhall was built in the early years of the 20th Century in the art nouveau gothic style. It is decorated with mediæval-looking gargoyles. It incorporates in the rear a doorway dating from the seventeenth century, which was part a prison which used to stand on the site. It served originally as a County Council headquarters - but in recent years was a Crown Court.

In the House of Lords today Earl Ferrers will ask Her Majesty’s Government what is to be the postal address of the new Supreme Court. An easy enough question to answer - but of course the real interest will be in his supplementary.

How many judges?

Marcel Berlins wrote an interesting piece in yesterday's Guardian ('Writ Large' - http://www.guardian.co.uk/commentisfree/2008/nov/24/lawlords-uk-supreme-court-chagos) which will be of interest to Law students and those interested in comparative legal institutions.

He points out that the US Supreme Court delivers decisions which usually involve all nine justices - wheras in the UK panels consisting of five out of the 12 Law Lords are the norm. He points out that this can lead to a lottery, the result depending upon whether one or another Lord Lord is part of the panel hearing a specific case. The argument he advances in his piece is worth considering.

Comments about the appropriate size of the top court in a country would be welcomed on this blog.