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Abela and Others v Baadarani: The Politics Within the Supreme Court
Galeza, Dorota
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Springer Netherlands
Dordrecht
Springer
10991
10.1007/10991.1572-8625
0144-932X
1572-8625
Liverpool Law Review
A Journal of Contemporary Legal and Social Policy Issues
Liverpool Law Rev
Law
Law, general
Criminology and Criminal Justice, general
Theories of Law, Philosophy of Law, Legal History
Philosophy of Law
Ethics
SC19
37
37
3
1
2
6
2016
8
18
2016
8
18
2016
7
2016
Springer Science+Business Media Dordrecht
2016
9181
10.1007/s10991-016-9181-3
4
Abela and Others v Baadarani: The Politics Within the Supreme Court
57
62
2016
6
3
2016
6
9
University of Manchester (GB)
The Author(s)
2016
Open AccessThis article is distributed under the terms of the Creative Commons Attribution 4.0 International License (
http://creativecommons.org/licenses/by/4.0/
), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.
Dorota
Galeza
Dorota.galeza@postgrad.manchester.ac.uk
Law School
Manchester University
Oxford Road
Manchester
M13 9PL
UK
Abstract
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?
Keywords
Procedure
Commercial law
Politics
Springer Netherlands
Dordrecht
Springer
10991
10.1007/10991.1572-8625
0144-932X
1572-8625
Liverpool Law Review
A Journal of Contemporary Legal and Social Policy Issues
Liverpool Law Rev
Law
Law, general
Criminology and Criminal Justice, general
Theories of Law, Philosophy of Law, Legal History
Philosophy of Law
Ethics
SC19
37
37
3
1
2
6
2016
8
18
2016
8
18
2016
7
2016
Springer Science+Business Media Dordrecht
2016
9181
10.1007/s10991-016-9181-3
4
Abela and Others v Baadarani: The Politics Within the Supreme Court
57
62
2016
6
3
2016
6
9
University of Manchester (GB)
The Author(s)
2016
Open AccessThis article is distributed under the terms of the Creative Commons Attribution 4.0 International License (
http://creativecommons.org/licenses/by/4.0/
), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.
Dorota
Galeza
Dorota.galeza@postgrad.manchester.ac.uk
Law School
Manchester University
Oxford Road
Manchester
M13 9PL
UK
Abstract
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?
Keywords
Procedure
Commercial law
Politics
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