Justice: Continuity and Change

by Lord Dyson

Overview

This selection of essays, speeches and personal reflections, draws on the analysis of one of the leading lawyers of a generation. Lord Dyson as Master of the Rolls and Head of the Civil Justice System oversaw a period of reform of both law and legal process. This collection discusses some key themes of, and challenges faced during, his tenure as one of the most senior lawyers in England and Wales. Through these insightful, engaging and compelling pieces, a picture emerges of a robust system of law whose core values can be plotted back to the Magna Carta, but which is flexible enough to respond to current changes without fracturing. A truly compelling exploration of continuity and change in the law by one of its key jurists.

Product Details

ISBN-13:	9781509918805
Publisher:	Bloomsbury Academic
Publication date:	02/08/2018
Pages:	488
Product dimensions:	6.14(w) x 9.21(h) x 1.06(d)

About the Author

Lord Dyson was a Justice of the UK Supreme Court from 2010 until 2012 and the Master of the Rolls and Head of the Civil Justice System in England and Wales from 2012 until 2016.

Table of Contents

Acknowledgements vii

Introduction 1

Part I Reflections on the Common Law and the Power of Judges

1 Criticising Judges: Fair Game or Off-limits? 17

2 Academics and Judges 35

3 Are the Judges Too Powerful? 39

4 Magna Carta and Compensation Culture 66

5 Does Judicial Review Undermine Democracy? 85

6 Liability of Public Authorities in Negligence 101

7 The Shifting Sands of Statutory Interpretation 114

8 Time to Call it a Day: Some Reflections on Finality and the Law 134

9 The Globalisation of Law 157

10 Recent Developments in Commercial Law Conference 173

11 The Contribution of Construction Cases to the Development of the Common Law 179

Part II Human Rights

12 What is Wrong with Human Rights? 199

13 Human Rights in an Age of Terrorism 220

14 Religion and the Law: Some Current Problems 236

15 The Extraterritorial Application of the European Convention on Human Rights: Now on a Firmer Footing, But is it a Sound One? 252

Part III Magna Carta and the Rule of Law

16 Magna Carta-Liberties, Customs and the Free Flow of Trade 275

17 Delay Too Often Defeats Justice 284

18 Magna Carta and Religion 298

19 Runnymede 302

20 Advocates as Protectors of the Rule of Law 304

Part IV Access to Justice and Civil Procedure

21 Litigators-Survive and Thrive 319

22 The Jackson Reforms and Civil Justice 329

23 Sharpening the Public Gaze: Advances in Open Justice in England and Wales 348

24 Threats to Justice in the Twenty-first Century 365

25 Halsey 10 Years On-The Decision Revisited 379

26 Arbitration versus Litigation 395

27 Arbitration After Brussels I Reform 400

Part V Personal

28 School Speech Day 417

29 How My Classical Education Has Affected My Life 421

30 Valedictory 426

Part VI Epilogue

31 Changes in the Law in the Last 50 Years 431

Index 447

Editorial Reviews

[A] truly excellent and delightful work. This is a veritable feast of John's lectures.” —The Middle Templar Magazine

“The conception of justice pursued by Lord Dyson to navigate the line between continuity and change is one based on rigorous, close and precise analysis of the legal issues before him... Justice: Continuity and Change showcases a demonstrably strong approach to the judicial role across a rich spectrum of law in this jurisdiction and others.” —Cambridge Law Jourbanal

“The overall approach seems to be an openness to cautious incrementalism, and a willingness to defend decisions the particular judge thinks fall on the right side of the line for development: sometimes continuity, sometimes change... These collections provide an opportunity to understand and engage with the whats, whys and wherefores of the judicial role at a time of evolution for the judiciary and the law.” —Legal Studies

From the Publisher