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Informal Lawmaking in England by the Twelve Judges in the Late Eighteenth and Early Nineteenth Centuries

Abstract

In 1848, Parliament created the Court for Crown Cases Reserved, in which all of the common law judges heard and decided questions reserved by trial judges in criminal cases. As Sir John Baker explains, this was “a court of record, which would now sit in public and give reasons for its decisions,” even though “the reservation of cases was still at the discretion of the trial judge and the court did not have the powers of the court en banc in civil cases.”

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oldham@law.georgetown.edu
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Donna Andrew and Randall McGowen , The Perreaus & Mrs. Rudd (Berkeley: University of California Press, 2001)

J.H. Langbein , “Shaping the Eighteenth-Century Criminal Trial: A View from the Ryder Sources,” University of Chicago Law Review 50 (1983) 1, 96–103

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Law and History Review
  • ISSN: 0738-2480
  • EISSN: 1939-9022
  • URL: /core/journals/law-and-history-review
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