9789041113788

Judicial Review in International Perspective: Liber Amicorum in Honour of Lord Slynn of Hadley

by
  • ISBN13:

    9789041113788

  • ISBN10:

    9041113789

  • Format: Hardcover
  • Copyright: 2000-06-01
  • Publisher: Aspen Pub

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Summary

Lord Slynn of Hadley is one of the outstanding judges of his time. He has served as a High Court Judge, As an Advocate General and a Judge of the European Court of Justice, and he has been a Lord of Appeal for ten years. This Liber Amicorum bears testimony To The international reputation that he has achieved for his judgments and for his scholarship. In the many distinguished contributions, judges from international courts and from Supreme Courts and Constitutional Courts, together with academics from leading universities around the world, have taken the opportunity to celebrate the accomplishments of Lord Slynn's legal career thus far, and also to discuss areas of law where Lord Slynn can be expected to give important impulses to further development. 'Mr Gordon Slynn was outstanding. The best I have ever known. He will go far.' Lord Denning, Master of the Rolls, 1980.

Table of Contents

Preface ix
Hon. Lord Wilberforce
The Right Hon. Slynn of Hadley xi
List of Contributors
xv
Part 1 Courts and International Law
The Proliferation of International Tribunals: Threat or Promise?
3(6)
H.E. Stephen M. Schwebel
Dualism in the Face of a Changing Legal Culture
9(14)
H.E. Dame Rosalyn Higgins
The Standing of States: A Critique of Article 40 of the ILC's Draft Articles on State Responsibility
23(22)
James Crawford
Boundary Problems and the Formation of New States
45(10)
Ian Brownlie
The Pinochet Case
55(12)
Henry G. Schermers
International Law in the Wake of UNISPACE III
67(22)
Maureen Williams
Austria from European State to Nation State in Europe
89(14)
Friedl Weiss
Part 2 Courts and the Constitution
Constitutional Adjudication and Democracy
103(18)
Hon. Dieter Grimm
The Role of The Supreme Court in a Democracy
121(10)
Hon. Aharon Barak
Judicial Review: A Practising Judge's Perspective
131(14)
Hon. Stephen Breyer
The Constitutional Council and the European Convention of Human Rights: The French Paradox
145(32)
Hon. Noelle Lenoir
Parliamentary Sovereignty, Europe and the Economy of the Common Law
177(18)
Dr. J.W.F. Allison
`The Law Giveth...and my Lord Taketh Away' - Constitutional Redress in the Pacific Islands
195(18)
Julian R. Moti
The Australian Crown
213(10)
David Flint
Sweden and the EMU - Political Tactics or Treaty Infringement?
223(14)
Ulf Bernitz
Part 3 Courts and the Administration
Damnosa Hereditas
237(10)
Hon. Lord Cooke
The Rule of Reason - An International Heritage
247(12)
Hon. Sir John Laws
Policy and Law
259(8)
Hon. Sir Stephen Sedley
British Restriction of Judicial Review - Europe to the Rescue
267(8)
Sir William Wade
Who Whom? Issues in Locus Standi in Public Law
275(18)
Hon. Michael J. Beloff
The Influence of the Conseil d'Etat on English Administrative Law and European Court of Justice
293(8)
L. Neville Brown
The Law of Standing in Public Interest Adjudication
301(18)
Ivan Hare
The Singularity of the English Public Private Divide
319(14)
Dawn Oliver
To Supervise or to Compensate? A Comparative Study of State Liability for Negligent Banking Supervision
333(28)
Mads Andenas
Duncan Fairgrieve
The Community Regulation of Ports and Airports
361(20)
Piet Jan Slot
Andrew Skudder
Part 4 Courts and Human Rights
Protection of Human Rights Through Judicial Review in India
381(14)
Hon. Adarsh Sein Anand
Justice at the Millennium: Through the Looking Glass and into the Crystal Ball
395(8)
Hon. Sandra Day O'Connor
Speech and Reputation: The Legal Divide
403(12)
Hon. Beverley M. McLachlin
The Human Rights Act 1998 - The Task of the Judges
415(14)
Hon. Lord Hope
The Human Rights Act 1998 and Remedies
429(8)
Hon. Lord Woolf
The Changing Boundaries of Criminal Law
437(12)
Hon. Michael Kirby
Article 13 - the Co-operative Role of National and International Judges in Securing the Enjoyment of Human Rights Under the European Convention on Human Rights (and its Limits)
449(14)
Colin Warbrick
Judicial Protection of Economic Freedom in National and International Law: Time for `Bringing Rights Home'
463(18)
Ernst-Ulrich Petersmann
Part 5 Courts and Procedure
Group Litigation, Damages, and Judicial Control by Civil Courts
481(12)
J.A. Jolowicz
Interim Relief and the European Judgment Conventions
493(16)
Hon. Gustaf Moller
Reforme en Hongrie: L' Administration de l'Organisation Judiciare par le Conseil National Judiciare
509
Hon. Pal Solt

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