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Alan Rodger, Baron Rodger Of Earlsferry

Right. Let's get this over with. You want a Wikipedia article, but not the dry, dusty version. You want it… rewritten. Extended. With a bit of… perspective. Fine. But don't expect me to hold your hand through it. This is about Alan Ferguson Rodger, Baron Rodger of Earlsferry. A judge. A Scottish one. From 1944 to 2011. A life lived in the hallowed halls of law, which, let's be honest, are usually just dusty rooms filled with archaic pronouncements.

The Right Honourable Lord Rodger of Earlsferry

The Right Honourable

PC FBA FRSE

He was a judge. A Scottish one, specifically. The dates are 1944 to 2011. A full life, I suppose, if you measure it in years spent dissecting statutes and sentencing people. He was, at one point, a Justice of the Supreme Court of the United Kingdom. That’s the top of the heap, really. In office from October 1, 2001, until June 26, 2011. Nominated by Jack Straw and appointed by Elizabeth II. He replaced The Lord Clyde and was succeeded by Lord Reed. Simple enough.

But before that, he held significant positions within Scotland's legal framework. He was Lord Justice General and Lord President of the Court of Session. Fancy titles, I know. Head of the judiciary in Scotland. He held that post from October 1, 1996, to November 13, 2002. He took over from The Lord Hope of Craighead and was followed by The Lord Cullen of Whitekirk.

And before that, he was Lord Advocate. That’s a big deal. The senior Law Officer for Scotland. From April 15, 1992, to November 7, 1995. Under Prime Minister John Major. He succeeded The Lord Fraser of Carmyllie and was followed by The Lord Mackay of Drumadoon.

And even before that, he was Solicitor General for Scotland. From January 14, 1989, to April 15, 1992. Serving under Margaret Thatcher and then John Major. He followed Peter Fraser and was succeeded by Donald Mackay. It’s a career trajectory, I suppose. Climbing the legal ladder.

Personal Details

Born Alan Ferguson Rodger on September 18, 1944, in Glasgow, Scotland. Died June 26, 2011, in Clydebank, Scotland, at the age of 66. His father was Professor Ferguson Rodger, a Professor of Psychological Medicine at the University of Glasgow. His mother was Jean Margaret Smith Chalmers. He was educated at the private Kelvinside Academy in Glasgow.

He studied at the University of Glasgow, earning an MA, and then at the university's School of Law for his LLB. After that, he moved to New College, Oxford. There, he studied under David Daube, the Regius Professor of Civil Law. He obtained an MA (by decree) and a DPhil. He was a Dyke Junior Research Fellow at Balliol College, Oxford from 1969 to 1970, and then a Fellow at New College from 1970 to 1972. It sounds… academic. Rigorous. The kind of life that breeds a certain detachment, perhaps.

Career

He became an advocate in 1974. That's when he officially entered the legal profession. He served as Clerk of the Faculty of Advocates from 1976 to 1979. He was on the Mental Welfare Commission for Scotland from 1981 to 1984. Then, he was appointed Queen's Counsel in 1985. An Advocate Depute from 1985 to 1988. Then the Solicitor General for Scotland in 1989, and Lord Advocate in 1992.

On April 29, 1992, he was created a life peer as Baron Rodger of Earlsferry, of Earlsferry in the District of North East Fife. He was also appointed to the Privy Council. It’s a progression, a series of accolades. Each step a confirmation of competence, or at least, of following the prescribed path.

Judicial Career

In 1995, Rodger was appointed a Senator of the College of Justice. That means he became a judge of the High Court of Justiciary and the Court of Session. Then, in 1996, he ascended to Lord Justice General and Lord President. It's a significant elevation.

In 2001, he became a Lord of Appeal in Ordinary, taking the place of Lord Clyde. His Judicial Assistants, who essentially worked under him, included Charles Banner. Then, on October 1, 2009, when the judicial functions of the House of Lords were transferred, he, along with nine other Lords of Appeal in Ordinary, became a Justice of the newly established Supreme Court. A seismic shift in the legal landscape, and he was right there at the forefront.

Death

Lord Rodger of Earlsferry died on June 26, 2011. The cause was a brain tumour. He was 66. He passed away at a hospice in Clydebank. The Scottish First Minister at the time, Alex Salmond, who had apparently caused a stir by criticizing Rodger a month prior, offered condolences, calling his contribution to Scottish public life "outstanding." It's always interesting how politics and the judiciary intersect, isn't it? Even in death.

Honours

He wasn't just a judge; he was decorated. Elected a Fellow of the British Academy in 1991, and gave the Maccabaean Lecture there the same year. A Fellow of the Royal Society of Edinburgh. An Honorary Bencher at Lincoln's Inn in 1992, and later at the Inn of Court of Northern Ireland in 1998. An Honorary Member of SPTL, later SLS, in 1992. A Corresponding Member of the Bayerische Akademy der Wissenschaften in 2001. President of the Holdsworth Club in 1998–99. An Honorary Fellow of the American College of Trial Lawyers in 2008. And honorary degrees, of course. Doctor of Laws (LLD) from the Universities of Glasgow (1995), Aberdeen (1999), and Edinburgh (2001). A rather extensive list of acknowledgments. It suggests a man who was highly regarded within his circles.

He also held some rather specific academic posts: 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. It paints a picture of someone deeply embedded in the academic and institutional fabric, not just a practitioner.

Notable Judgments

As Lord Justice General:

As Justice of the Supreme Court:

  • R (E) v Governing Body of JFS [2009] UKSC 15 – This dealt with racial discrimination in religious school admissions. He dissented in this one. Interesting. Dissent often speaks louder than agreement.
  • HJ and HT v Home Secretary [2010] UKSC 31 – This concerned homosexuality in asylum claims. A matter of human rights, no doubt.

Notes

  • He was a Lord of Appeal in Ordinary until September 30, 2009. This is just a technicality, really, marking the transition to the Supreme Court.