The post was created by Lord Bingham of Cornhill during his tenure as Lord Chief Justice.
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The judges who voted to allow the government's appeal were Lord Hoffmann, Lord Rodger of Earlsferry, and Lord Carswell; those dissenting were Lord Bingham of Cornhill and Lord Mance.
On 14 March 2008, Bingham received the Doctor of Jurisprudence degree honoris causa from the University of Rome III, delivering a Lectio Magistralis at the Faculty of Law entitled "The Rule of Law".