Editors' Preface |
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ix | |
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xi | |
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xv | |
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Table of Statutory Instruments |
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xxxvii | |
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xxxix | |
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Table of Treaties and Conventions |
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xliii | |
Introductory Tribute: Lord Bingham of Cornhill |
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xlvii | |
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A Biographical Sketch: The Early Years |
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li | |
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I THE RULE OF LAW AND THE ROLE OF LAW |
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On Liberty and the European Convention on Human Rights |
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3 | (14) |
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Variations sur la politique jurisprudentielle: Les juges ont-ils unde ame? |
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17 | (22) |
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The Rule of Law and Our Changing Constitution |
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39 | (22) |
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Lord Bingham and the Human Rights Act 1998: The Search for Democratic Legitimacy During the `War on Terror' |
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61 | (12) |
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Substance and Procedure in Judicial Review |
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73 | (18) |
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Scandals, Political Accountability and the Rule of Law. Counting Heads? |
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91 | (16) |
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107 | (12) |
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Duty of Care and Public Authority Liability |
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119 | (10) |
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What Decisions should Judges not take? |
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129 | (8) |
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The Rule of Law Internationally: Lord Bingham and the British Institute of International and Comparative Law |
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137 | (10) |
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The United Kingdom Constitution in Transition: from where to where? |
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147 | (16) |
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The General and the Particular: Parliament and the Courts under the Scheme of the European Convention on Human Rights |
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163 | (20) |
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183 | (10) |
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The Reflections of a Craftsman |
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193 | (16) |
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II THE INDEPENDENCE AND ORGANIZATION OF COURTS |
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209 | (12) |
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Sweden's Contribution to Governance of the Judiciary |
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221 | (20) |
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Lord Bingham: a New Zealand Appreciation |
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241 | (16) |
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The Independece of the Judge |
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257 | (12) |
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Judicial Independence: A Functional Perspective |
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269 | (14) |
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Lord Bowen of Colwood: 1835-94 |
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283 | (30) |
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Judging the Administration in France: Changes Ahead? |
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313 | (18) |
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III EUROPEAN AND INTERNATIONAL LAW IN NATIONAL COURTS |
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331 | (16) |
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Aspects of Justiciability in International Law |
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347 | (16) |
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Le Royaume-Uni, la France et la Convention europeenne des droits de l'homme |
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363 | (10) |
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The Twisted Road from Prince Albert to Campbell, and Beyond: Towards a Right of Privacy? |
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373 | (32) |
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National Courts and the International Court fo Justice |
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405 | (14) |
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European Law and the English Judge |
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419 | (20) |
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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 |
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439 | (12) |
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Olivier Dutheillet de Lamothe |
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Rules of International Law in English Courts |
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451 | (10) |
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Towards an International Rule of Law? |
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461 | (16) |
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The Movement towards Transparency in Decision Taking |
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477 | (16) |
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The Principle of Procedural Autonomy and the Duty of Loyal Cooperation of National Judges under Article 10 EC |
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493 | (16) |
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Lord Bingham: Of Swallows and International Law |
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509 | (24) |
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Who Calls the Shots? Defence, Foreign Affaris, International Law, and the Governance of Britain |
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533 | (30) |
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IV COMMERCIAL LAW AND GLOBALIZATION |
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563 | (26) |
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Lord Bingham and Three Continuing Remedial Controversies |
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589 | (14) |
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Economic Reasoning and Judicial Review |
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603 | (16) |
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What Could the Selection by the Parties of English Law in a Civil Law Contract in Commerce and Finance Truly Mean? |
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619 | (16) |
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Lord Bingham, Anti-Suit Injunctions and Arbitration |
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635 | (14) |
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Earth, Air, and Space: the Cape Town Convention and Protocols and their Contribution to International Commercial Law |
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649 | (16) |
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Lord Bingham's Contributions to Commercial Law |
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665 | (22) |
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V COMPARATIVE LAW IN THE COURTS |
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The Road Ahead for the Common Law |
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687 | (14) |
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Recent Reforms in Australia to the Law of Negligence with Particular Reference to the Liability of Public Authorities |
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701 | (12) |
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The Lords, Tom Bingham, and Austtralia |
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713 | (16) |
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Goethe, Bingham, and the Gift of an Open Mind |
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729 | (22) |
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On the Waning Magic of Territoriality in the Conflict of Laws |
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751 | (10) |
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Shielding the Rule of Law |
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761 | (12) |
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Benefits of Comparative Tort Reasoning: Lost in Translation |
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773 | (42) |
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Le Conseil d'Etat, so British? |
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815 | (8) |
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823 | (8) |
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`There is a World Elsewhere'---Lord Bingham and Comparative Law |
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831 | (36) |
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Index |
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867 | |