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

by Mads Andenas, Duncan Fairgrieve

Overview

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:	9780199566181
Publisher:	Oxford University Press
Publication date:	06/20/2009
Edition description:	New Edition
Pages:	970
Product dimensions:	6.60(w) x 9.40(h) x 2.40(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' PrefaceIntroductory tribute: Lord Bingham of Cornhill, Nicholas PhillipsA biographical sketch: the early years, Ross CranstonThe Rule of Law and the Role of Law1. On liberty and the European Convention on Human Rights, Mary Arden2. Variations sur la politique jurisprudentielle: les juges ont-ils une âme, Guy Canivet3. The rule of law and our changing constitution, Anthony Clarke and John Sorabji4. Lord Bingham's contribution to the HRA, Richard Clayton and Hugh Tomlinson5. Substance and procedure in judicial review, Paul Craig6. Scandals, Political Accountability and the rule of law. Counting Heads?, Walter Van Gerven7. The value of clarity, Murray Gleeson8. Duty of care and public authority liability, Elizabeth-Anne Gumbel9. What decisions should judges not take?, Jeffrey Jowell10. The rule of law internationally: Lord Bingham and the British Institute of International and Comparative Law, Robert McCorquodale11. The United Kingdom constitution in transition: from where to where?, Dawn Oliver12. The general and the particular: parliament and the courts under the scheme of the European Convention on Human Rights, Philip Sales13. The history of public law: why it went to sleep like a lamb and re-awoke like a giant in the course of the 20th century, Stephen Sedley14. The reflections of a craftsman, Brian SimpsonThe Independence and Organisation of Courts15. A supreme judicial leader, Brenda Hale16. Sweden's contribution to governance of the judiciary, John Bell17. Lord Bingham: a New Zealand appreciation, Sian Elias18. The independence of the judge, David Keene19. Judicial independence: a functional perspective, Beverley McLachlin20. Lord Bowen of Colwood: 1835-94, John Mummery21. Judging the administration in France: changes ahead?, Jean-Marc SuavéEuropean and International Law in National Courts22. Jurisdiction, Guido Alpa23. Le Royaume Uni, la France et la Convention européenne des droits de l'homme, Jean-Paul Costa and Patrick Titiun24. The twisted road from Prince Albert to Campbell and beyond, towards a right of privacy, Roger Errera25. National courts and the International Court of Justice, Rosalyn Higgins26. European law and the English judge, Francis Jacobs27. Contrôle de constitutionnalité, contrôle de conventionnalité et judicial review : la mise en euvre de la convention européenne des droits de l'homme en France et au Royaume-Uni, Olivier Dutheillet de Lamothe28. Rules of international law and English courts, Vaughan Lowe29. Towards an international rule of law?, Philippe Sands and Blinne Ní Ghrálaigh30. The movement towards transparency in decision taking, Konrad Schiemann31. Lord Bingham: of swallows and international law, Gillian Triggs32. Who calls the shots? Defence, foreign affairs, international law and the governance of Britain, Colin WarbrickCommercial law and globalisation33. Reforming commercial court procedures, Richard Aikens34. Lord Bingham and three continuing remedial controversies, Andrew Burrows35. Economic reasoning and judicial review, Stephen Breyer36. Aspects of justiciability in international law, Lawrence Collins37. What could the selection by the parties of English law in a civil law contract in commerce and finance truly mean?, Jan Dalhuisen38. Lord Bingham's dictum in Ashville on one-stop dispute resolution, Steven Gee39. Earth, air and space: the Cape Town Convention and Protocols and their contribution to international commercial law, Roy Goode40. Lord Bingham's contributions to commercial law, Bernard RixComparative law in the courts ('There is a World Out There')41. The road ahead for the Common Law, Robin Cooke42. The Lords, Tom Bingham and Australia, Michael Kirby43. Goethe, Bingham and the gift of an open mind, Basil Markesinis44. On the waning magic of territoriality in the conflict of laws, Horatia Muir Watt45. Shielding the rule of law, Anne-Marie Slaughter46. Benefits of comparative tort reasoning: lost in translation, Jane Stapleton47. Le Conseil d'Etat, so British?, Bernard Stirn48. The rule of law in European perspective, Vincenzo Zeno Zencovich49. Lord Bingham and comparative law, Mads Andenas and Duncan Fairgrieve

Editorial Reviews

"No lawyer sensible and curious enough to purchase the book will go away intellectually empty-handed." —C.J.S. Knight, Law Quarterly Review

From the Publisher