Creating a group oriented Supreme Court : Lord Neuberger’s legacy

Paterson, Alan (2021) Creating a group oriented Supreme Court : Lord Neuberger’s legacy. International Journal of the Legal Profession, 28 (1). pp. 107-126. ISSN 0969-5958 (https://doi.org/10.1080/09695958.2021.1877716)

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Abstract

Presidents of the UK Supreme Court have a degree of flexibility in how they approach their role, and how they exercise the power that they undoubtedly have to shape key aspects of collective judicial decision-making in the Court. This article, based on interviews with the Justices, focuses on the way that Lord Neuberger interpreted the role and how his colleagues thought that he carried out the role. Taking Steven Lukes’ account of “power” as its starting point the piece seeks to show how Lord Neuberger harnessed the power of the president to enhance the reputation of the Court and to develop a form of group decision making based on team work which was far removed from the operation of the House of Lords even under the leadership of Lord Bingham. The Miller No. 1 case (2017) is used as a case study of presidential power in operation.

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