Tom Bingham and the Transformation of the Law A Liber Amicorum

by Andenas, Mads; Fairgrieve, Duncan

Edition: Reprint

ISBN13: 9780199693344

ISBN10: 019969334X

Format: Paperback

Pub. Date: 2011-11-07

Publisher(s): Oxford University Press

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Summary

Tom Bingham was 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 Senior Law Lord, before retiring in 2008, at which point he devoted himself to the teaching of Human Rights Law, until his death in September 2010. 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 left a profound mark on UK constitutional law. He was also 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 took place in the legal system during his career.

Author Biography

Mads Andenas is a Professor at the University of Oslo, and former Director of the British Institute of International and Comparative Law, and of the Centre of European Law at Bang's College London. Duncan Fairgrieve is Fellow in Comparative Law and Director of the Tort Law Centre at the British Institute of International and Comparative Law.

Editors Preface	p. ix
Table of Contributors	p. xi
Table of Cases	p. xv
Table of Statutory Instruments	p. xxxvii
Table of Statutes	p. xxxix
Table of Treaties and Conventions	p. xliii
Introductory Tribute: Lord Bingham of Cornhill	p. xlvii
A Biographical Sketch: The Early Years	p. li
The Rule of Law and the Role of Law
On Liberty and the European Convention on Human Rights	p. 3
Variations sur la politique jurisprudentielle: Les juges ont-ils une ame?	p. 17
The Rule of Law and Our Changing Constitution	p. 39
Lord Bingham and the Human Rights Act 1998: The Search for Democratic Legitimacy During the 'War on Terror'	p. 61
Substance and Procedure in Judicial Review	p. 73
Scandals, Political Accountability and the Rule of Law. Counting Heads?	p. 91
The Value of Clarity	p. 107
Duty of Care and Public Authority Liability	p. 119
What Decisions Should Judges Not Take?	p. 129
The Rule of Law Internationally: Lord Bingham and the British Institute of International and Comparative Law	p. 137
The United Kingdom Constitution in Transition: from where to where?	p. 147
The General and the Particular: Parliament and the Courts under the Scheme of the European Convention on Human Rights	p. 163
The Long Sleep	p. 183
The Reflections of a Craftsman	p. 193
The Independence and Organization of Courts
A Supreme Judicial Leader	p. 209
Sweden's Contribution to Governance of the Judiciary	p. 221
Lord Bingham: a New Zealand Appreciation	p. 241
The Independence of the Judge	p. 257
Judicial Independence: A Functional Perspective	p. 269
Lord Bowen of Colwood: 1835-94	p. 283
Judging the Administration in France: Changes Ahead?	p. 313
European and International Law in National Courts
Jurisdiction	p. 331
Aspects of Justiciability in International Law	p. 347
Le Royaume-Uni, la France et la Convention europeenne des droits de l'homme	p. 363
The Twisted Road from Prince Albert to Campbell, and Beyond: Towards a Right of Privacy?	p. 373
National Courts and the International Court of Justice	p. 405
European Law and the English Judge	p. 419
Controle de Constitutionnalité, Controle de Conventionnalité et Judicial Review: La mise en ceuvre de la Convention Européenne des droits de l'homme en France et au Royaume-Uni	p. 439
Rules of International Law in English Courts	p. 451
Towards an International Rule of Law?	p. 461
The Movement Towards Transparency in Decision Taking	p. 477
The Principle of Procedural Autonomy and the Duty of Loyal Cooperation of National Judges under Article 10 EC	p. 493
Lord Bingham: Of Swallows and International Law	p. 509
Who Calls the Shots? Defence, Foreign Affairs, International Law, and the Governance of Britain	p. 533
Commercial Law and Globalization
With a View to Despatch	p. 563
Lord Bingham and Three Continuing Remedial Controversies	p. 589
Economic Reasoning and Judicial Review	p. 603
What Could the Selection by the Parties of English Law in a Civil Law Contract in Commerce and Finance Truly Mean?	p. 619
Lord Bingham, Anti-Suit Injunctions and Arbitration	p. 635
Earth, Air, and Space: the Cape Town Convention and Protocols and their Contribution to International Commercial Law	p. 649
Lord Bingham's Contributions to Commercial Law	p. 665
Comparative Law in the Courts
The Road Ahead for the Common Law	p. 687
Recent Reforms in Australia to the Law of Negligence with Particular Reference to the Liability of Public Authorities	p. 701
The Lords, Tom Bingham, and Australia	p. 713
Goethe, Bingham, and the Gift of an Open Mind	p. 729
On the Waning Magic of Territoriality in the Conflict of Laws	p. 751
Shielding the Rule of Law	p. 761
Benefits of Comparative Tort Reasoning: Lost in Translation	p. 773
Le Conseil d'Etat, so British?	p. 815
The Bingham Court	p. 823
"There is a World Elsewhere'-Lord Bingham and Comparative Law	p. 831
Index	p. 867
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