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Judicial Mind: A Festschrift for Lord Kerr of Tonaghmore [Kõva köide]

Edited by (Queens University, Belfast, UK), Edited by (Queens University Belfast, UK)
  • Formaat: Hardback, 384 pages, kõrgus x laius x paksus: 238x160x26 mm, kaal: 760 g
  • Ilmumisaeg: 02-Dec-2021
  • Kirjastus: Hart Publishing
  • ISBN-10: 1509944788
  • ISBN-13: 9781509944781
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  • Formaat: Hardback, 384 pages, kõrgus x laius x paksus: 238x160x26 mm, kaal: 760 g
  • Ilmumisaeg: 02-Dec-2021
  • Kirjastus: Hart Publishing
  • ISBN-10: 1509944788
  • ISBN-13: 9781509944781
"This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr's judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr's particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally"--

This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier.

Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism.

Lord Kerr's judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr's particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.

Arvustused

A fitting tribute to the memory of an outstanding judge and a remarkable man. -- From the foreword by Lord Reed, President of the UK Supreme Court

Muu info

Lord Kerr is widely considered to be the most liberal judge ever to have sat in the UKs top court. He was also the longest serving judge on the Supreme Court until his retirement in October 2020. This book is a tribute to him and includes contributions by leading academics and members of the judiciary.
Foreword vii
Lord Reed
Preface xi
Notes on Contributors xv
Table of Cases
xix
Table of Statutes
xli
Table of Statutory Instruments
xlvii
Table of International and EU Legislation
xlix
Table of National Legislation
liii
1 The Development of Lord Kerr's Judicial Mind
1(30)
Brice Dickson
Conor McCormick
PART I THE JUDICIAL MIND OF LORD KERR
2 Women and Children First
31(16)
Lady Hale
3 Human Rights, Gender Equality and the Judges Toolbox in the UK Supreme Court
47(18)
Kathryn McNeilly
4 Lord Kerr's Dissents: Jewels in the Crown of the Supreme Court
65(20)
Rachel Cahill-O'Callaghan
5 Lord Kerr and the Northern Ireland Constitution: Three Key Cases
85(14)
Gordon Anthony
6 Lord Kerr and Articles 2 and 3 of the ECHR
99(20)
Brice Dickson
7 Scrutinising Social Security Law and Protecting Social Rights: Lord Kerr and the Benefit Cap
119(20)
Grainne McKeever
8 Two Journeys Intertwined: Lord Kerr and EU Law
139(16)
Imelda Maher
9 Lord Kerr and the Judicial Committee of the Privy Council
155(18)
Derek O'Brien
10 Lord Kerr and the New Judiciary in Northern Ireland
173(16)
John Morison
PART II JUDICIAL MINDS MORE GENERALLY
11 The Life and Career of Denis Henry (1864-1925): Barrister, Ulster Unionist Politician and First Lord Chief Justice of Northern Ireland
189(14)
Eanion Phoenix
12 Giving Substance to Sovereignty: Parliamentary Sovereignty and Parliamentary Effectiveness
203(20)
Aiken McHarg
13 The Three Tiers of Executive Power in Northern Ireland
223(20)
Conor McCormick
14 Beyond Carltona: R v Adams, Accountability and the Delegation of Powers
243(18)
Claire Archbold
15 Protecting the Right to a Fair Trial in an Era of Criminal Justice Transformation
261(18)
John Jackson
16 A Dialogue on Discrimination and Equality: The UK Supreme Court and Article 14 of the ECHR
279(20)
Rory O'Connell
17 The Next
Chapter: Siblings after Adoption
299(16)
Sarah Hansen
Index 315
Brice Dickson is Emeritus Professor and Conor McCormick is Lecturer, both at Queens University, Belfast, UK.