The US public service channel C-Span has featured a recent discussion between Justice Scalia and Justice Breyer on “Original Intent and the Living Constitution”.    The debate was broadcast on BBC Parliament and is currently available on BBC iPlayer.  The issue under debate is a fundamental one: to what extent are judges entitled to shape the law to take into account changes in values or social conditions. [read ...

Following the announcement last week of Sir John Dyson as the twelfth Justice of the Supreme Court, we now take a look at Sir John's career. As we reported here, Sir John is the second Justice to be appointed directly to the Supreme Court and his appointment will take effect from 13 April 2010.

Sir John Anthony Dyson was born on 31 July 1943, the son of Richard and Gisella Dyson. He was educated at Leeds Grammar School before attending Wadham ...

The decision in R (JS)(Sri Lanka) v Secretary of State ([2010] UKSC 15) is the first of a series of cases before the higher courts to reach the Supreme Court on the issue of exclusion from refugee status under article 1F of the Refugee Convention.  In recent years this provision has come to be applied against an increasing number of individuals claiming refugee protection.  As such the decision represents significant guidance in ...

The confirmation of Lord Dyson as the Twelfth Justice of the UK Supreme Court means that Lady Hale will continue to be the Court's sole female judge for the time being. 

As we have previously reported, the UK Supreme Court has received criticism for its lack of diversity (and we will soon be posting an article on judicial diversity in the UK). 

This has made us look to our friends across the pond.  Out of the 9 Justices in the ...

On appeal from: [2009] EWCA Civ 281.

The issue before the Court was whether there was an entitlement to certain pay supplements as part of pilots’ right to “paid annual leave” under the Aviation Directive. The Supreme Court held unanimously that the appeal raised an issue of general principle, and referred questions to the Court of Justice of the European Union. The Court noted that the legal basis of the relevant Directives ...