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Being a Judge in the Modern World

Lionel Cohen Lecture 2014, Jerusalem, 3 November 2014

Published online by Cambridge University Press:  28 September 2015

Lady Justice Hallett
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Extract

It is a pleasure and an honour to have been invited to give this year's Lionel Cohen lecture, especially looking at the cast list of my predecessors. It has been a particular pleasure for me to return to Israel after nearly 50 years and to bring my husband to visit the grave of his maternal grandfather, who died in 1917 on the Gaza Strip. This was before my mother-in-law was born so it was something of a poignant moment for my husband, and I am extremely grateful to those who made it possible.

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Articles
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Israel Law Review , Volume 48 , Issue 3 , November 2015 , pp. 387 - 397
Copyright
Copyright © Lady Justice H Hallett 2015. Published by Cambridge University Press and The Faculty of Law, Hebrew University of Jerusalem 2015 

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References

1 Boardman v Phipps [1966] UKHL 2; [1967] 2 AC 46; [1966] 3 WLR 1009.

2 Shimon Shetreet, ‘The Emerging Transnational Jurisprudence on Judicial Independence: The IBA Standards and Montreal Declaration’ in Shimon Shetreet and Jules Deschenes (eds), Judicial Independence: The Contemporary Debate (Martinus Nijhoff 1985) 393, 393.

3 Francis Bacon, ‘Of Judicature’, Essays, Civil and Moral (The Harvard Classics 1909–14).

4 ibid.

5 Thomas Bonham v College of Physicians [1610] 8 Co Rep 107, 77 Eng Rep 638.

6 Jeffery Goldsworthy, The Sovereignty of Parliament: History and Philosophy (Clarendon Press 1999) 113.

7 R (Jackson and Others) v Attorney General [2005] UKHL 56; [2006] 1 AC 262, [9].

8 R v Secretary for the Home Department, ex p Fire Brigades Union and Others [1995] 2 AC 513, 567.

9 R v Secretary of State for Transport, ex p Factortame Ltd and Others [1991] 1 AC 603.

10 James Madison, Federalist Paper No 51 (1788).

11 See, for instance, Scotland Act 1998, Northern Ireland Act 1998, and Government of Wales Act 2006.

12 See, for instance, Local Government Byelaws (Wales) Bill 2012 – Reference by the Attorney-General for England and Wales [2012] UKSC 53, [2013] 1 AC 792.

13 Lynne Cheney, James Madison (Viking 2014) 312.

14 Rupert Jackson, Review of Civil Litigation Costs: Final Report (TSO 2010) 46 (‘Many respondents during the Costs Review have made the point that litigation is, in essence, a project. All participants in a project must be aware of the budget for the project and aware of the budgetary consequences of what they do. This analogy has limitations. Litigation is more unpredictable than a construction project. Neither an architect nor a contractor is battling against an opponent who is trying to knock their building down. On the other hand, this element of adversity is not a licence to disregard costs’).

15 ibid.

16 The text is found in Bradley, AW, ‘Judges and the Media – The Kilmuir Rules’ [1986] Public Law 383Google Scholar, 384–86.

17 Lord David Neuberger, ‘Where Angels Fear to Tread’, Holdsworth Club 2012 Presidential Address, 2 March 2012.

18 Aharon Barak, The Judge in a Democracy (Princeton University Press 2006) 310.