Back to the Future? Judges, Politicians and the Constitution in the New Scotland

2013 ◽  
Author(s):  
Aidan O’Neill
Keyword(s):  
Supreme Court ◽  
Scottish Parliament ◽  
The Future ◽  
Scottish Government ◽  
Uk Supreme Court ◽  
The Uk ◽  
Scottish Politics

This chapter gives a view for and of Scotland. It highlights the different constitutional status given to Convention rights under the Scotland Act 1998. These constitute absolute and non-negotiable limits on the powers of the Scottish government and the Scottish Parliament, limits which are to be enforced by and before the courts. This new constitutional position of judicial primacy has led to certain political tensions within Scotland which have become focused, in particular, on the UK Supreme Court when exercising its devolution jurisdiction. The consequent juridicalisation of (Scottish) politics has resulted in a certain politicisation of (Scots) law, and a new and uncertain marriage between Scottish political nationalism and the formerly depoliticised legal, ecclesiastical, and romantic nationalisms which had characterised Scotland since the 1707 Union.

scholarly journals Judicial leadership on the UK Supreme Court

Legal Studies ◽  
2018 ◽  
Vol 38 (2) ◽  
pp. 191-220 ◽  
Author(s):  
Rosemary Hunter ◽  
Erika Rackley
Keyword(s):  
Supreme Court ◽  
Quantitative Data ◽  
Community Leadership ◽  
The Other ◽  
Three Dimensions ◽  
The Supreme Court ◽  
The Future ◽  
Uk Supreme Court ◽  
The Uk ◽  
Substantial Degree

AbstractThis paper examines judicial leadership on the UK Supreme Court. It does not confine itself to the formal roles of the President and Deputy President. Rather, building on existing categories of judicial leadership, including administrative, jurisprudential and community leadership, it considers the contributions of all 12 Justices. In so doing, it provides a significant compilation of quantitative data on the activities of the Justices of the Supreme Court both on and off the bench from the the Court's inception in 2009 to the end of the 2014-2015 legal year. From this, we suggest that while a number of the Justices engaged in one or two broad forms of leadership – with Lady Hale in particular demonstrating a substantial degree of leadership across all three dimensions – at the other end of the spectrum, at least on the measures used in this paper, a significant minority did not. In the light of this, and the significant number of recent and forthcoming retirements from the Court, the paper concludes by considering the implications of our findings for the future of the Court. We argue that these retirements will result in gaps in both formal and informal judicial leadership, and it is vital that these gaps are filled by appointees who are capable of, and prepared to step up to, diverse and varied forms of judicial leadership.

REFLECTIVE LOSS IN THE UK SUPREME COURT

2020 ◽  
Vol 79 (3) ◽  
pp. 411-414
Author(s):  
Stephen Laing
Keyword(s):  
Supreme Court ◽  
Uk Supreme Court ◽  
The Uk

Micula v Romania between International Investment Law and European Law – The UK Supreme Court Judgement – the Final or the NEXT PIece of the Puzzle?

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Steliyana Zlateva ◽  
◽  
◽  
Keyword(s):  
Supreme Court ◽  
International Investment ◽  
European Law ◽  
Eu Law ◽  
International Investment Law ◽  
Investment Treaty ◽  
Investment Law ◽  
Uk Supreme Court ◽  
The Uk ◽  
The Eu

The Judgement of the United Kingdom’s Supreme Court in the long Micula v. Romania investment treaty dispute confirmed that the arbitral awards of the International Centre for Settlement of Investment Disputes (ICSID), rendered by tribunals established under intra-EU BITs, could be enforced in the UK. The Micula case concerns the interplay between the obligations under the ICSID Convention and EU law. In particular, it addresses the question of whether the award obtained by the Micula brothers against Romania constitutes state aid prohibited by EU law, as well as the enforcement obligations under the ICSID Convention in view of the EU duty of sincere cooperation.

The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?

2020 ◽  
Vol 71 (2) ◽  
pp. 285-302
Author(s):  
Roger Masterman
Keyword(s):  
Supreme Court ◽  
Ad Hoc ◽  
Court Decisions ◽  
Privy Council ◽  
House Of Lords ◽  
Uk Supreme Court ◽  
Proportionality Test ◽  
The Uk ◽  
The Relationship

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.

The UK courts and EU law post-Brexit

2021 ◽  
Vol 20 (3) ◽  
pp. Christopher-Vajda
Author(s):  
Christopher Vajda
Keyword(s):  
Supreme Court ◽  
Transition Period ◽  
Case Law ◽  
Eu Law ◽  
National Courts ◽  
The Supreme Court ◽  
The Future ◽  
The Status ◽  
The Uk ◽  
Court Of Appeal

Following the expiry on 31 December 2020 of the ‘transition period’ under the UK/EU Withdrawal Agreement, the relationship between UK and EU law had changed. Whilst much EU legislation at that date will continue to apply in UK law as ‘retained EU law’ and judgments of the EU courts handed down before that date will remain binding on UK courts as ‘retained EU case law’, the Court of Appeal and Supreme Court can depart from that case law. Whilst EU court judgments handed down after that date are not binding on UK courts, they may be taken into account. This article considers both the status of EU retained case law and when the Supreme Court and Court of Appeal may depart from it, and the future of EU law that is not ‘retained EU case law’ and how judgments of the European Courts and national courts of its Member States may influence UK judges in the future.

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