Alan Rodger, Baron Rodger of Earlsferry
Encyclopedia
Alan Ferguson Rodger, Baron Rodger of Earlsferry, FRSE
, FBA
, PC (18 September 1944 – 26 June 2011) was a Scottish
lawyer and Justice of the Supreme Court of the United Kingdom
.
He served as Lord Advocate
, the senior Law Officer
of Scotland, before becoming Lord Justice General and Lord President of the Court of Session
, the head of the country's judiciary. He was then appointed a Lord of Appeal in Ordinary
(Law Lord) and became a Justice of the Supreme Court when the judicial functions of the House of Lords
were transferred to that Court.
, Professor of Psychological Medicine at the University of Glasgow
, and Jean Margaret Smith Chalmers, and educated at the independent
Kelvinside Academy
in the city. He studied at the University of Glasgow
, graduating with an MA
, and at the University's School of Law
, taking an LLB
. He then studied at New College, Oxford
—under David Daube
, Regius Professor of Civil Law
—where he graduated with an MA (by decree) and DPhil
, and was Dyke Junior Research Fellow at Balliol College, Oxford
from 1969 to 1970 and a Fellow of New College from 1970 to 1972.
He became an advocate
in 1974 and was Clerk of the Faculty of Advocates
from 1976 to 1979. He was a Member of the Mental Welfare Commission for Scotland
from 1981 to 1984, and was appointed Queen's Counsel
in 1985. He was an Advocate Depute from 1985 to 1988 and was appointed Solicitor General for Scotland
in 1989, being promoted to Lord Advocate
in 1992, at which time he became a life peer
as Baron Rodger of Earlsferry, of Earlsferry in the District of North East Fife
, and was appointed to the Privy Council.
, a judge of the High Court of Justiciary
and Court of Session
, in 1995, and became Lord Justice General and Lord President
in 1996. He was appointed a Lord of Appeal in Ordinary
in 2001, upon the retirement of Lord Clyde
. He and nine other Lords of Appeal in Ordinary became Justices
of the Supreme Court
upon that body's inauguration on 1 October 2009.
As Justice of the Supreme Court:
in 1991, and the same year was the Maccabaean Lecturer at the Academy. He was appointed a Fellow of the Royal Society of Edinburgh
and an Honorary Bencher
at Lincoln’s Inn in 1992, and an Honorary Bencher of the Inn of Court of Northern Ireland
in 1998. Hon. Mem., SPTL, subseq. SLS, 1992; Corresp. Mem., Bayerische Akad. der Wissenschaften, 2001. Pres., Holdsworth Club, 1998–99. Hon. Fellow, American Coll. of Trial Lawyers, 2008. He has received honorary degrees of Doctor of Laws (LLD) from the Universities of Glasgow
(1995), Aberdeen
(1999) and Edinburgh
(2001).
Lord Rodger of Earlsferry had been the Visitor
of St Hugh's College, Oxford
since 2003, High Steward
of the University of Oxford since 2008, and an Honorary Professor at the University of Glasgow School of Law
since July 2009.
, who provoked fury after criticising Rodger less than a month earlier, said he had made an "outstanding contribution" to Scottish public life.
Royal Society of Edinburgh
The Royal Society of Edinburgh is Scotland's national academy of science and letters. It is a registered charity, operating on a wholly independent and non-party-political basis and providing public benefit throughout Scotland...
, FBA
British Academy
The British Academy is the United Kingdom's national body for the humanities and the social sciences. Its purpose is to inspire, recognise and support excellence in the humanities and social sciences, throughout the UK and internationally, and to champion their role and value.It receives an annual...
, PC (18 September 1944 – 26 June 2011) was a Scottish
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
lawyer and Justice of the Supreme Court of the United Kingdom
Justice of the Supreme Court of the United Kingdom
Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the President and Deputy President. The Supreme Court is the highest in the United Kingdom for civil matters, and for criminal matters from England and Wales and Northern Ireland...
.
He served as Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
, the senior Law Officer
Law Officers of the Crown
The Law Officers of the Crown are the chief legal advisers to the Crown, and advise and represent the various governments in the United Kingdom and the other Commonwealth Realms. In England and Wales, Northern Ireland and most Commonwealth and colonial governments, the chief law officer of the...
of Scotland, before becoming Lord Justice General and Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
, the head of the country's judiciary. He was then appointed a Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
(Law Lord) and became a Justice of the Supreme Court when the judicial functions of the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
were transferred to that Court.
Early life
Alan Rodger was born on 18 September 1944 in Glasgow, to Professor T Ferguson RodgerFerguson Rodger
Ferguson Rodger CBE FRCP Glas FRCP Ed FRCPsych was a Scottish physician who was Professor of Psychological Medicine at the University of Glasgow from 1948 to 1973, and Emeritus Professor thereafter...
, Professor of Psychological Medicine at the University of Glasgow
University of Glasgow
The University of Glasgow is the fourth-oldest university in the English-speaking world and one of Scotland's four ancient universities. Located in Glasgow, the university was founded in 1451 and is presently one of seventeen British higher education institutions ranked amongst the top 100 of the...
, and Jean Margaret Smith Chalmers, and educated at the independent
Independent school (UK)
An independent school is a school that is not financed through the taxation system by local or national government and is instead funded by private sources, predominantly in the form of tuition charges, gifts and long-term charitable endowments, and so is not subject to the conditions imposed by...
Kelvinside Academy
Kelvinside Academy
Kelvinside Academy is a private school in the City of Glasgow, Scotland, founded in 1878. It has a capacity of 640 pupils and spans two years of Junior Start , six years of Junior School , and seven years of Senior School , comprising fifteen years in all...
in the city. He studied at the University of Glasgow
University of Glasgow
The University of Glasgow is the fourth-oldest university in the English-speaking world and one of Scotland's four ancient universities. Located in Glasgow, the university was founded in 1451 and is presently one of seventeen British higher education institutions ranked amongst the top 100 of the...
, graduating with an MA
Master of Arts (Scotland)
A Master of Arts in Scotland can refer to an undergraduate academic degree in humanities and social sciences awarded by the ancient universities of Scotland – the University of St Andrews, the University of Glasgow, the University of Aberdeen and the University of Edinburgh, while the University of...
, and at the University's School of Law
University of Glasgow School of Law
The School of Law at the University of Glasgow provides undergraduate and postgraduate courses in Law, and awards the degrees of Bachelor of Laws , Master of Laws , Master of Science , Master of Research and Doctor of Philosophy , the degree of Doctor of Laws...
, taking an LLB
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
. He then studied at New College, Oxford
New College, Oxford
New College is one of the constituent colleges of the University of Oxford in the United Kingdom.- Overview :The College's official name, College of St Mary, is the same as that of the older Oriel College; hence, it has been referred to as the "New College of St Mary", and is now almost always...
—under David Daube
David Daube
David Daube DCL, FBA was the twentieth century's preeminent scholar of ancient law. He combined a familiarity with many legal systems, particularly Roman law and biblical law, with an expertise in Greek, Roman, Jewish, and Christian literature, and used literary, religious, and legal texts to...
, Regius Professor of Civil Law
Regius Professor of Civil Law (Oxford)
The Regius Chair of Civil Law, founded in the 1540s, is one of the oldest of the professorships at the University of Oxford.-Foundation:The Regius Chair of Civil Law at Oxford was founded by King Henry VIII, who established five such Regius Professorships in the University, the others being the...
—where he graduated with an MA (by decree) and DPhil
Doctor of Philosophy
Doctor of Philosophy, abbreviated as Ph.D., PhD, D.Phil., or DPhil , in English-speaking countries, is a postgraduate academic degree awarded by universities...
, and was Dyke Junior Research Fellow at Balliol College, Oxford
Balliol College, Oxford
Balliol College , founded in 1263, is one of the constituent colleges of the University of Oxford in England but founded by a family with strong Scottish connections....
from 1969 to 1970 and a Fellow of New College from 1970 to 1972.
He became an advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
in 1974 and was Clerk of the Faculty of Advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
from 1976 to 1979. He was a Member of the Mental Welfare Commission for Scotland
Mental Welfare Commission for Scotland
The Mental Welfare Commission for Scotland is an independent statutory body established to safeguard the interests of people considered to be mentally disordered or incapacitated under the Mental Health Act 2003 or the Adults with Incapacity Act 2000.It enquires into cases of alleged ill...
from 1981 to 1984, and was appointed Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1985. He was an Advocate Depute from 1985 to 1988 and was appointed Solicitor General for Scotland
Solicitor General for Scotland
Her Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Government on Scots Law...
in 1989, being promoted to Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
in 1992, at which time he became a life peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
as Baron Rodger of Earlsferry, of Earlsferry in the District of North East Fife
North East Fife
North East Fife may mean or refer to:* North East Fife * North East Fife * North-East Fife...
, and was appointed to the Privy Council.
Judicial career
Rodger was appointed a Senator of the College of JusticeSenator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
, a judge of the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
and Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
, in 1995, and became Lord Justice General and Lord President
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
in 1996. He was appointed a Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
in 2001, upon the retirement of Lord Clyde
James Clyde, Baron Clyde
James John Clyde, Baron Clyde PC, QC was a Scottish judge.The son of James Latham Clyde, Lord Clyde and grandson of James Avon Clyde, Lord Clyde, was educated at Edinburgh Academy, Corpus Christi College, Oxford, where he received a Bachelor of Arts in Literae Humaniores in 1954, and at the...
. He and nine other Lords of Appeal in Ordinary became Justices
Justice of the Supreme Court of the United Kingdom
Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the President and Deputy President. The Supreme Court is the highest in the United Kingdom for civil matters, and for criminal matters from England and Wales and Northern Ireland...
of the Supreme Court
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
upon that body's inauguration on 1 October 2009.
Significant judgements
As Lord Justice General:- Drury v Her Majesty's Advocate 2001 SCCR 583: definition of murderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
in Scotland
As Justice of the Supreme Court:
- HJ and HT v Home SecretaryHJ and HT v Home SecretaryHJ and HT v Secretary of State for the Home Department 2010] UKSC 31 is a case decided by the Supreme Court of the United Kingdom concerning two men, from Iran and Cameroon respectively, claiming asylum in the United Kingdom on the grounds of their homosexuality...
[2010] UKSC 31: homosexuality in asylumRight of asylumRight of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
claims
Honours
Lord Rodger of Earlsferry was appointed a Fellow of the British AcademyBritish Academy
The British Academy is the United Kingdom's national body for the humanities and the social sciences. Its purpose is to inspire, recognise and support excellence in the humanities and social sciences, throughout the UK and internationally, and to champion their role and value.It receives an annual...
in 1991, and the same year was the Maccabaean Lecturer at the Academy. He was appointed a Fellow of the Royal Society of Edinburgh
Royal Society of Edinburgh
The Royal Society of Edinburgh is Scotland's national academy of science and letters. It is a registered charity, operating on a wholly independent and non-party-political basis and providing public benefit throughout Scotland...
and an Honorary Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
at Lincoln’s Inn in 1992, and an Honorary Bencher of the Inn of Court of Northern Ireland
Bar of Northern Ireland
The Bar of Northern Ireland, or Northern Irish Bar, is the association of barristers for Northern Ireland, comprising as at September 2007 just under 600 members....
in 1998. Hon. Mem., SPTL, subseq. SLS, 1992; Corresp. Mem., Bayerische Akad. der Wissenschaften, 2001. Pres., Holdsworth Club, 1998–99. Hon. Fellow, American Coll. of Trial Lawyers, 2008. He has received honorary degrees of Doctor of Laws (LLD) from the Universities of Glasgow
University of Glasgow
The University of Glasgow is the fourth-oldest university in the English-speaking world and one of Scotland's four ancient universities. Located in Glasgow, the university was founded in 1451 and is presently one of seventeen British higher education institutions ranked amongst the top 100 of the...
(1995), Aberdeen
University of Aberdeen
The University of Aberdeen, an ancient university founded in 1495, in Aberdeen, Scotland, is a British university. It is the third oldest university in Scotland, and the fifth oldest in the United Kingdom and wider English-speaking world...
(1999) and Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
(2001).
Lord Rodger of Earlsferry had been the Visitor
Visitor
A Visitor, in United Kingdom law and history, is an overseer of an autonomous ecclesiastical or eleemosynary institution , who can intervene in the internal affairs of that institution...
of St Hugh's College, Oxford
St Hugh's College, Oxford
St Hugh's College is one of the constituent colleges of the University of Oxford. It is located on a fourteen and a half acre site on St Margaret's Road, to the North of the city centre. It was founded in 1886 as a women's college, and accepted its first male students in its centenary year in 1986...
since 2003, High Steward
High Steward (academia)
The High Steward in the universities of Oxford and Cambridge is a once-important but now largely ceremonial university official...
of the University of Oxford since 2008, and an Honorary Professor at the University of Glasgow School of Law
University of Glasgow School of Law
The School of Law at the University of Glasgow provides undergraduate and postgraduate courses in Law, and awards the degrees of Bachelor of Laws , Master of Laws , Master of Science , Master of Research and Doctor of Philosophy , the degree of Doctor of Laws...
since July 2009.
Death
Lord Rodger of Earlsferry died on 26 June 2011 after a short illness. Scottish First Minister Alex SalmondAlex Salmond
Alexander Elliot Anderson "Alex" Salmond MSP is a Scottish politician and current First Minister of Scotland. He became Scotland's fourth First Minister in May 2007. He is the Leader of the Scottish National Party , having served as Member of the Scottish Parliament for Gordon...
, who provoked fury after criticising Rodger less than a month earlier, said he had made an "outstanding contribution" to Scottish public life.