Tom Bingham and the Transformation of the Law: A Liber Amicorum

Tom Bingham and the Transformation of the Law: A Liber Amicorum



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Tom Bingham and the Transformation of the Law: A Liber Amicorum by Mads Andenas, Duncan Fairgrieve

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.

Product Details

ISBN-13: 9780199693344
Publisher: Oxford University Press
Publication date: 11/07/2011
Edition description: Reprint
Pages: 968
Product dimensions: 6.10(w) x 9.20(h) x 2.20(d)

About the Author

Professor Andenas has been the Director of the Norwegian Center 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 Center 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.

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

Table of Contents

Editors' Preface Introductory Tribute: Lord Bingham of Cornhill, Nicholas Phillips
A Biographical Sketch: The Early Years, Ross Cranston
Part I: The Rule of Law and the Role of Law
1. On Liberty and the European Convention on Human Rights, Mary Arden
2. Variations sur la politique jurisprudentielle: Les juges ont-ils une ame?, Guy Canivet
3. The Rule of Law and Our Changing Constitution, Anthony Clarke and John Sorabji
4. Lord Bingham and the Human rights Act 1998: the Search for Democratic Legitimacy During the 'War on Terror', Richard Clayton and Hugh Tomlinson
5. Substance and Procedure in Judicial Review, Paul Craig
6. Scandals, Political Accountability and the Rule of Law. Counting Heads?, Walter Van Gerven
7. The Value of Clarity, Murray Gleeson
8. Duty of Care and Public Authority Liability, Elizabeth-Anne Gumbel
9. What Decisions Should Judges Not Take?, Jeffrey Jowell
10. The Rule of Law Internationally: Lord Bingham and the British Institute of International and Comparative Law, Robert McCorquodale
11. The United Kingdom Constitution in Transition: from where to where?, Dawn Oliver
12. The General and the Particular: Parliament and the Courts under the Scheme of the European Convention on Human Rights, Philip Sales
13. The Long Sleep, Stephen Sedley
14. The Reflections of a Craftsman, Brian Simpson
Part II: The Independence and Organization of Courts
1. A Supreme Judicial Leader, Brenda Hale
2. Sweden's Contribution to Governance of the Judiciary, John Bell
3. Lord Bingham: a New Zealand appreciation, Sian Elias
4. The Independence of the Judge, David Keene
5. Judicial Independence: a Functional Perspective, Beverley McLachlin
6. Lord Bowen of Colwood: 1835-94, John Mummery
7. Judging the Administration in France: Changes Ahead?, Jean-Marc Suave
Part III: European and International Law in National Courts
1. Jurisdiction, Guido Alpa
2. Aspects of Judiciability in International Law, Lawrence Collins
3. Le Royaume Uni, la France et la Convention europeenne des droits de l'homme, Jean-Paul Costa and Patrick Titiun
4. The Twisted Road from Prince Albert to Campbell, and Beyond: Towards a Right of Privacy?, Roger Errera
5. National Courts and the International Court of Justice, Rosalyn Higgins
6. European Law and the English Judge, Francis Jacobs
7. Controle de Constitutionnalite, Controle de Conventionnalite et Judicial Review : la mise en euvre de la Convention Europeenne des droits de l'homme en France et au Royaume-Uni, Olivier Dutheillet de Lamothe
8. Rules of International Law and English Courts, Vaughan Lowe
9. Towards an International Rule of Law?, Philippe Sands and Blinne Ni Ghralaigh
10. The Movement Towards Transparency in Decision Taking, Konrad Schiemann
11. The Principle of Procedural Autonomy and the Duty of Loyal Cooperation of National Judges under Article 10 EC, Vassilios Skouris
12. Lord Bingham: Of Swallows and International Law, Gillian Triggs
13. Who Calls the Shots? Defence, Foreign Affairs, International Law, and the Governance of Britain, Colin Warbrick
Part IV: Commercial Law and Globalization
1. With a View to Despatch, Richard Aikens
2. Lord Bingham and Three Continuing Remedial Controversies, Andrew Burrows
3. Economic Reasoning and Judicial Review, Stephen Breyer
4. What Could the Selection by the Parties of English Law in a Civil Law Contract in Commerce and Finance Truly Mean?, Jan Dalhuisen
5. Lord Bingham, Anti-Suit Injunctions, and Arbitration, Steven Gee
6. Earth, Air and Space: the Cape Town Convention and Protocols and their Contribution to International Commercial Law, Roy Goode
7. Lord Bingham's Contributions to Commercial Law, Bernard Rix
Part V: Comparative Law in the Courts
1. The Road Ahead for the Common Law, Robin Cooke
2. Recent Reforms in Australia to the Law of Negligence with Particular Reference to the Liability of Public Authorities, David Ipp
3. The Lords, Tom Bingham, and Australia, Michael Kirby
4. Goethe, Bingham, and the Gift of an Open Mind, Basil Markesinis
5. On the Waning Magic of Territoriality in the Conflict of Laws, Horatia Muir Watt
6. Shielding the Rule of Law, Anne-Marie Slaughter
7. Benefits of Comparative Tort Reasoning: Lost in Translation, Jane Stapleton
8. Le Conseil d'Etat, so British?, Bernard Stirn
9. The Bingham Court, Vincenzo Zeno Zencovich
49. 'There is a World Elsewhere' - Lord Bingham and Comparative Law, Mads Andenas and Duncan Fairgrieve

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