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Building the UK's New Supreme CourtNational and Comparative Perspectives$
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Andrew Le Sueur

Print publication date: 2004

Print ISBN-13: 9780199264629

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199264629.001.0001

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Ideas of ‘Representation’ in UK Court Structures

Ideas of ‘Representation’ in UK Court Structures

Chapter:
(p.67) 4 Ideas of ‘Representation’ in UK Court Structures
Source:
Building the UK's New Supreme Court
Author(s):

Kay Goodall

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199264629.003.0004

This chapter considers what is at stake in discussions of ‘representation’ of Scotland and Northern Ireland among Law Lords and the proposed supreme court. It examines whether it is a legal system, more broadly a ‘legal tradition’, or wider still a ‘nation’. It argues that the situations in Northern Ireland and Scotland are radically different, and that ‘visions of law are…no longer a predominately national concern’. Whereas the primary work in the previous century was seen to be the clarification of law, today the constitutionalization of rights has brought about a revolution in the role of the senior judges. The chapter suggests moving away from the functionalist presumption that the roles of the Law Lords were ever clearly defined, or the teleological presumption that their roles evolved for some primary purpose which they exhibit today.

Keywords:   Scotland, Northern Ireland, representation, Law Lords, judges

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