Abela and Others v Baadarani: The Politics Within the Supreme Court

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• 作者：Dorota Galeza
• 刊名：Liverpool Law Review
• 出版年：2016
• 出版时间：July 2016
• 年：2016
• 卷：37
• 期：1-2
• 页码：57-62
• 全文大小：345 KB
• 刊物类别：Humanities, Social Sciences and Law
• 刊物主题：Law
  Law
  Criminology & Criminal Justice
  Law Theory and Philosophy
  Philosophy of Law
  Ethics
  
• 出版者：Springer Netherlands
• ISSN：1572-8625
• 卷排序：37

文摘

The Supreme Court deals with many political cases, where policies are at stake, while on the other hand there is the politics within the Court which can also play an important role. It is difficult to judge the current system without sound empirical and theoretical studies, so one cannot confidently assess the effectiveness of the paper appeals in the American System in the light of the long history of the UK system, of different career paths of advocates in these two countries and of different routes of appointment for judges in both jurisdictions. Nevertheless, any interviews that were conducted with senior judges in the UK were conducted a long time ago and might not be applicable to the current realities. It is true that the British system is open to moderation—the elimination of the House of Lords and its replacement with the Supreme Court is the best example—but maybe more changes are needed. It is paramount that greater diversity in the profession brings fresh perspectives. This is evident in electing practitioners with different career paths, such as Justice Kennedy and Lord Sumption. The president of the Supreme Court, Lord Neuberger, even suggested advertising the next position in the Supreme Court to be on a part time basis, to enable the election of an academic. As stated in the introduction, since Abela and others v Baadarani is a case with important principles at stake, is there a space for political disagreement?KeywordsProcedureCommercial lawPolitics