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UPA Perpustakaan Universitas Jember

Abela and Others v Baadarani: The Politics Withinthe Supreme CourAbela and Others v Baadarani: The Politics Withinthe Supreme Cour

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The Supreme Court deals with many political cases, where policies are atstake, while on the other hand there is the politics within the Court which can alsoplay an important role. It is difficult to judge the current system without soundempirical and theoretical studies, so one cannot confidently assess the effectivenessof the paper appeals in the American System in the light of the long history of theUK system, of different career paths of advocates in these two countries and ofdifferent routes of appointment for judges in both jurisdictions. Nevertheless, anyinterviews that were conducted with senior judges in the UK were conducted a longtime ago and might not be applicable to the current realities. It is true that the Britishsystem is open to moderation—the elimination of the House of Lords and itsreplacement with the Supreme Court is the best example—but maybe more changesare needed. It is paramount that greater diversity in the profession brings freshperspectives. This is evident in electing practitioners with different career paths,such as Justice Kennedy and Lord Sumption. The president of the Supreme Court,Lord Neuberger, even suggested advertising the next position in the Supreme Courtto be on a part time basis, to enable the election of an academic. As stated in theintroduction, since Abela and others v Baadarani is a case with important principlesat stake, is there a space for political disagreeme

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