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Tom Bingham and the Transformation of the Law: A Liber Amicorum [Hardback]

Edited by (Fellow in Comparative Law and Director of the Tort Law Centre at the British Institute of International and Comparative Law), Edited by (Professor of Law, University of Oslo)
  • Formāts: Hardback, 970 pages, height x width x depth: 241x263x57 mm, weight: 1587 g
  • Izdošanas datums: 30-Apr-2009
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199566186
  • ISBN-13: 9780199566181
  • Hardback
  • Cena: 266,04 €
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  • Formāts: Hardback, 970 pages, height x width x depth: 241x263x57 mm, weight: 1587 g
  • Izdošanas datums: 30-Apr-2009
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199566186
  • ISBN-13: 9780199566181
Tom Bingham is among the most influential judges of the twentieth century, having occupied in succession the most senior judicial offices, Master of the Rolls, Lord Chief Justice and, currently, Senior Law Lord. His judicial and academic work has deeply influenced the development of the law in a period of substantial legal change. In particular his role in establishing the new UK Supreme Court, and his views on the rule of law and judicial independence have left a profound mark on UK constitutional law. He has also been instrumental in championing the academic and judicial use of comparative law, through his judicial work and involvement with the British Institute of International and Comparative Law.

This volume collects around fifty essays from colleagues and those influenced by Lord Bingham, from across academia and legal practice. The essays survey Lord Bingham's pivotal role in the transformations that have taken place in the legal system during his career.

Recenzijas

The book is immensely rich. Anyone reading it from cover to cover will be well informed on all the great issues of the day. * Joshua Rozenberg, Gazette, July 2009 * Full of treasures of information and insight--this book tells in 900 pages, from a number of detailed viewpoints, the story of a life richly lived, whose judicial and academic influence has enriched the life of nations worldwide. * Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers, London * It is a book which must have given huge pleasure to its dedicatee and will also be much enjoyed by a wider readership...It draws together an array of judicial, academic and practising great and good (from the United Kingdom, Europe, the Commonwealth and the United States) to provide an impressive range of writing on matters of contemporary legal concern * Chris Himsworth, University Of Edinburgh, Edinburgh Law Review vol 14 * No lawyer sensible and curious enough to purchase the book will go away intellectually empty-handed * C.J.S. Knight, Law Quarterly Review * The essays are grouped under five broad heads: the rule of law and the role of law; the independence and organisation of the courts; European and international law in national courts; commercial law and globalisation; and comparative law in the courts. Most of the contributions have a personal touch which makes for very interesting reading (and sets the book apart from a number of other festschriften). An excellent biographical sketch, by Ross Cranston, reminds readers of Bingham's rich and busy life and career and his numerous achievements. Lord Phillips of Matravers writes movingly about Bingham's courtesy and compares him with that other giant of the modern legal scene, Lord Denning...this volume is guaranteed a wide audience, spanning the length and breadth of the Commonwealth. * Journal of the Commonwealth Lawyers' Association * The arc of the book is ambitious...it represents an impressive achievement...The essays in this book are there to be dipped into and enjoyed for their own sake as much as that of the collection as a whole...A number of essays stand out in particular as worth seeking out first...aims to make a different contribution to legal scholarship...It reflects a judicial career which was characterised in great measure by a government which initially promoted human rights, then sought to reside as far as possible from them in the name of fighting terrorism * Thom Dyke, Public Law *

Editors' Preface ix
Table of Contributors
xi
Table of Cases
xv
Table of Statutory Instruments
xxxvii
Table of Statutes
xxxix
Table of Treaties and Conventions
xliii
Introductory Tribute: Lord Bingham of Cornhill xlvii
Nicholas Phillips
A Biographical Sketch: The Early Years li
Ross Cranston
I THE RULE OF LAW AND THE ROLE OF LAW
On Liberty and the European Convention on Human Rights
3(14)
Mary Arden
Variations sur la politique jurisprudentielle: Les juges ont-ils unde ame?
17(22)
Guy Canivet
The Rule of Law and Our Changing Constitution
39(22)
Anthony Clarke
John Sorabji
Lord Bingham and the Human Rights Act 1998: The Search for Democratic Legitimacy During the `War on Terror'
61(12)
Richard Clayton
Hugh Tomlinson
Substance and Procedure in Judicial Review
73(18)
Paul Craig
Scandals, Political Accountability and the Rule of Law. Counting Heads?
91(16)
Walter Van Gerven
The Value of Clarity
107(12)
Murray Gleeson
Duty of Care and Public Authority Liability
119(10)
Elizabeth-Anne Gumbel
What Decisions should Judges not take?
129(8)
Jeffrey Jowell
The Rule of Law Internationally: Lord Bingham and the British Institute of International and Comparative Law
137(10)
Robert McCorquodale
The United Kingdom Constitution in Transition: from where to where?
147(16)
Dawn Oliver
The General and the Particular: Parliament and the Courts under the Scheme of the European Convention on Human Rights
163(20)
Philip Sales
The Long Sleep
183(10)
Stephen Sedley
The Reflections of a Craftsman
193(16)
Brian Simpson
II THE INDEPENDENCE AND ORGANIZATION OF COURTS
A Supreme Judical Leader
209(12)
Brenda Hale
Sweden's Contribution to Governance of the Judiciary
221(20)
John Bell
Lord Bingham: a New Zealand Appreciation
241(16)
Sian Elias
The Independece of the Judge
257(12)
Davis Keene
Judicial Independence: A Functional Perspective
269(14)
Beverley McLachlin
Lord Bowen of Colwood: 1835-94
283(30)
John Mummery
Judging the Administration in France: Changes Ahead?
313(18)
Jean-Marc Sauve
III EUROPEAN AND INTERNATIONAL LAW IN NATIONAL COURTS
Jurisdiction
331(16)
Guido Alpa
Aspects of Justiciability in International Law
347(16)
Lawrence Collins
Le Royaume-Uni, la France et la Convention europeenne des droits de l'homme
363(10)
Jean-Paul Costa
Patrick Titiun
The Twisted Road from Prince Albert to Campbell, and Beyond: Towards a Right of Privacy?
373(32)
Roger Errera
National Courts and the International Court fo Justice
405(14)
Rosalyn Higgies
European Law and the English Judge
419(20)
Francis Jacobs
Controle de Constitutionnalite, Controle de Conventionnalite et Judicial Review: La mise en œuvre de la Convention Europeenne des droits de l'homme en France et au Royaume-Uni
439(12)
Olivier Dutheillet de Lamothe
Rules of International Law in English Courts
451(10)
Vaughan Lowe
Towards an International Rule of Law?
461(16)
Philippe Sands
Blinne Ni Ghralaigh
The Movement towards Transparency in Decision Taking
477(16)
Konrad Schiemann
The Principle of Procedural Autonomy and the Duty of Loyal Cooperation of National Judges under Article 10 EC
493(16)
Vassilios Skouris
Lord Bingham: Of Swallows and International Law
509(24)
Gillian Triggs
Who Calls the Shots? Defence, Foreign Affaris, International Law, and the Governance of Britain
533(30)
Colin Warbrick
IV COMMERCIAL LAW AND GLOBALIZATION
With a View to Despatch
563(26)
Richard Aikens
Lord Bingham and Three Continuing Remedial Controversies
589(14)
Andrew Burrows
Economic Reasoning and Judicial Review
603(16)
Stephen Breyer
What Could the Selection by the Parties of English Law in a Civil Law Contract in Commerce and Finance Truly Mean?
619(16)
Jan Dalhuisen
Lord Bingham, Anti-Suit Injunctions and Arbitration
635(14)
Steven Gee
Earth, Air, and Space: the Cape Town Convention and Protocols and their Contribution to International Commercial Law
649(16)
Roy Goode
Lord Bingham's Contributions to Commercial Law
665(22)
Bernard Rix
V COMPARATIVE LAW IN THE COURTS
The Road Ahead for the Common Law
687(14)
Robin Cooke
Recent Reforms in Australia to the Law of Negligence with Particular Reference to the Liability of Public Authorities
701(12)
David Ipp
The Lords, Tom Bingham, and Austtralia
713(16)
Michael Kirby
Goethe, Bingham, and the Gift of an Open Mind
729(22)
Basil Markesinis
On the Waning Magic of Territoriality in the Conflict of Laws
751(10)
Horatia Muir Watt
Shielding the Rule of Law
761(12)
Anne-Marie Slaughter
Benefits of Comparative Tort Reasoning: Lost in Translation
773(42)
Jane Stapleton
Le Conseil d'Etat, so British?
815(8)
Bernard Stirn
The Bingham Court
823(8)
Vincenzo Zeno-Zenovich
`There is a World Elsewhere'---Lord Bingham and Comparative Law
831(36)
Mads Andenas
Duncan Fairgrieve
Index 867
Professor Andenas has been the Director of the Norwegian Centre for Human Rights (NCHR) since 2008. He holds the degrees of Cand jur (Oslo), Ph D (Cambridge) and MA and DPhil (Oxford). He has held a number of senior academic appointments in the United Kingdom, including as Director of the British Institute of International and Comparative Law, London and Director of the Centre of European Law at King's College, University of London. He remains a Fellow of the Institute of European and Comparative Law, University of Oxford and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London, and Professor of Law, University of Oslo



Duncan Fairgrieve is Fellow in Comparative Law and Director of the Tort Law Centre at the British Institute of International and Comparative Law. He is also Maītre de Conférences at Sciences Po, Paris. He holds degrees from Oxford, London and Paris.