The judicial mind : a festschrift for Lord Kerr of Tonaghmore

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The judicial mind : a festschrift for Lord Kerr of Tonaghmore

edited by Brice Dickson and Conor McCormick

Hart, 2021

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Includes bibliographical references and index

Description and Table of Contents

Description

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.

Table of Contents

Foreword by Lord Reed, President of the UK Supreme Court 1. The Development of Lord Kerr's Judicial Mind Brice Dickson and Conor McCormick (Queen's University Belfast, UK) Part I - The Judicial Mind of Lord Kerr 2. Women and Children First Lady Hale of Richmond (formerly of the Supreme Court, UK) 3. Human Rights, Gender Equality, and the Judge's Toolbox in the UK Supreme Court Kathryn McNeilly (Queen's University Belfast, UK) 4. Lord Kerr's Dissents - Jewels in the Crown of the Supreme Court Rachel Cahill-O'Callaghan (Cardiff University, UK) 5. Lord Kerr and the Northern Ireland Constitution: Three Key Cases Gordon Anthony (Queen's University Belfast, UK) 6. Lord Kerr and Articles 2 and 3 of the ECHR Brice Dickson (Queen's University Belfast, UK) 7. Scrutinising Social Security Law and Protecting Social Rights: Lord Kerr and the Benefit Cap Grainne McKeever (Ulster University, UK) 8. Two Journeys Intertwined: Lord Kerr and EU Law Imelda Maher (University College Dublin, Ireland) 9. Lord Kerr and the Judicial Committee of the Privy Council Derek O'Brien (Oxford Brookes University, UK) 10. Lord Kerr and the New Judiciary in Northern Ireland John Morison (Queen's University Belfast, UK) 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 Eamon Phoenix (Stranmillis University College, UK) 12. Giving Substance to Sovereignty: Parliamentary Sovereignty and Parliamentary Effectiveness Aileen McHarg (University of Durham, UK) 13. The Three Tiers of Executive Power in Northern Ireland Conor McCormick (Queen's University Belfast, UK) 14. Beyond Carltona: R v Adams, Accountability and the Delegation of Powers Claire Archbold (Queen's University Belfast and Departmental Solicitors Office, Belfast, UK) 15. Protecting the Right to a Fair Trial in an Era of Criminal Justice Transformation John Jackson (University of Nottingham, UK) 16. A Dialogue on Discrimination and Equality: The UK Supreme Court and Article 14 of the ECHR Rory O'Connell (Ulster University, UK) 17. The Next Chapter: Siblings After Adoption Sarah Hansen (Queen's University Belfast, UK)

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