The Business of Judging: Selected Essays and Speeches

by Tom Bingham

Overview

This book contains a selection of the essays and addresses written or given by the Senior Law Lord (as a Queen's Bench judge, Lord Justice of Appeal, Master of the Rolls, and Lord Chief Justice of England and Wales) over the last 15 years or so, touching on a wide range of legally-related topics.

Product Details

ISBN-13:	9780198299127
Publisher:	Oxford University Press
Publication date:	10/05/2000
Pages:	448
Product dimensions:	7.50(w) x 11.50(h) x 1.50(d)

About the Author

The late Tom Bingham, who died in September 2010, was arguably the most notable English judge of the twentieth century. An outspoken supporter of the Human Rights Act 1998, he held many of the most senior roles in the judiciary, acting as Queen's Bench judge, Lord Justice of Appeal, Master of the Rolls, Lord Chief Justice of England and Wales, and Senior Law Lord, before his retirement in 2008.

Table of Contents

Part I: The Business of Judging
1. The Judge as Juror: The Judicial Determination of Factual Issues
2. The Judge as Lawmaker: An English Perspective
3. The Discretion of the Judge
Part II: Judges in Society
1. Judicial Independence
2. Judicial Ethics
Part III: The Wider World
1. ‘There is a World Elsewhere': The Changing Perspectives of English Law
2. Law in a Pluralist Society
3. The Supreme Court of India
Part IV: Human Rights
1. The European Convention on Human Rights: Time to Incorporate
2. Should there be a Law to Protect Rights of Personal Privacy?
3. The Way we Live Now: Human Rights in the New Millennium
4. Tort and Human Rights
Part V: Public Law
1. Should Public Law Remedies be Discretionary?
2. The Old Despotism
3. Mr Perlzweig, Sir John Anderson, and Lord Atkin
Part VI: The Constitution
1. The Courts and the Constitution
2. Anglo-American Reflections
Part VII: The English Criminal Trial
1. The English Criminal Trial: The Credits and the Debits
2. Justice and Injustice
3. Silence is Golden - or is it?
4. A Criminal Code: Must we Wait for Ever?
Part VIII: Crime and Punishment
1. The Sentence of the Court
2. Justice for the Young
3. The Mandatory Life Sentence for Murder
4. Speech on the Second Reading of the Crime (Sentences) Bill
Part IX: Miscellaneous
1. Address to the Centenary Conference of the Bar
2. Who Then in Law is my Neighbour?
3. The Future of the Common law
4. Lecture at Toynbee Hall on the Centenary of its Legal Advice Centre
5. Address at the Thanksgiving Service for Lord Denning OM