A Supreme Court for the UK nears
As a Supreme Court for the UK approaches, appellate judging is in the news. From The Times:
How many law lords does it take to decide a case? Normally, the
answer is five. But last week and this, nine members of the Appellate
Committee of the House of Lords are hearing two important cases. When
the new Supreme Court opens its doors in October 2009, seven or nine
justices should hear every case.
There are 12 law lords, if you count (and no one has done so for a
long time) Lord Saville of Newdigate, who has spent the past ten years
out of the office chairing the inquiry into the 1972 Bloody Sunday
shootings in Northern Ireland and who is unlikely ever to return to
judicial work even when (if ?) he finishes his report. But the
remaining 11 law lords never squeeze around the same table to hear
appeals. Almost all appeals are heard by five law lords. Exceptionally,
nine of them listened to argument last week in a case brought by the
President of the republic of Equatorial Guinea against defendants who
he alleges conspired in England and elsewhere to overthrow the
Government and seize power by means of a coup which, in the event,
failed. And nine judges are this week hearing a case brought against
the Prime Minister by two mothers whose sons were servicemen killed on
duty in Iraq and who contend that there should be an inquiry into
whether the invasion was in breach of international law.