Judicial Individuality on the UK Supreme Court

Lewis Graham (Autor)

Buch | Hardcover

352 Seiten

2025
Hart Publishing (Verlag)
978-1-5099-7110-7 (ISBN)

Noch nicht erschienen (ca. Februar 2025)
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This book presents an empirical analysis of the UK Supreme Court’s output over its first ten years, with a specific focus on each individual judge’s contribution to each case. It shows that judges, like all of us, are human; it would be difficult to imagine that any of us, even in our most professional capacity, could act completely independently of our predilections, motivations and biases. The same is true for the judges sitting on the UK’s highest court.

Drawing on insights from a bespoke dataset of judgments, this work discerns trends and tendencies across each judge’s voting patterns and the reasoning they adopt when disposing of cases. It not only highlights areas of divergence, but also shows how each of the judges tended to vote in different contexts, including which were more likely to overturn appeals from lower courts, side with certain parties such as the state or underdogs, and find liability in various areas (tort, contract, criminal, EU, immigration and tax law, with a special focus on human rights cases). Another section illustrates the differences between the judges when it comes to judicial reasoning, such as their approach to precedent and preferred methods of statutory interpretation.

This work shows that different judges exercise their power in different ways. Some are more comfortable with pushing boundaries whilst others are more restrained. Some grant the state a lot of leeway whilst others apply heavy scrutiny. Some are, as Lord Denning suggested, 'bold spirits' whilst others are 'timorous souls'. It shows, at least when it comes to the Supreme Court, that it matters who our judges are.

Lewis Graham is a Fellow in Law at Wadham College, University of Oxford, UK.

1. Introduction: The Court and its Judges
2. Measuring Judicial Behaviour
3. The Nature of Individual Judicial Contributions
4. Appeals from Lower Courts
5. Party Sympathy
6. Legal Subject-Areas
7. Human Rights
8. Legal Tools and Cross-Cutting Questions: Statutes, Precedent, Jurisdiction and Remedies
9. Politics and Personalities
10. The Supreme Court since 2020: A More Conservative Court?
11. Implications and Conclusions

Erscheint lt. Verlag	6.2.2025
Reihe/Serie	Hart Studies on Judging and the Courts
Verlagsort	Oxford
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht
ISBN-10	1-5099-7110-6 / 1509971106
ISBN-13	978-1-5099-7110-7 / 9781509971107
Zustand	Neuware