Tom Bingham and the Transformation of the Law A Liber Amicorum

by Andenas, Mads; Fairgrieve, Duncan

• ISBN13: 9780199566181
• ISBN10: 0199566186
• Format: Hardcover
• Copyright: 2009-06-20
• Publisher: Oxford University Press

Summary

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 lawin 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 ofcomparative 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.

Author Biography

Professor Andenas has been the Director of the Norwegian Centre 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 Centre 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 Centre at the British Institute of International and Comparative Law. He is also Maitre de Conferences at Sciences Po, Paris. He holds degrees from Oxford, London and Paris.

Table of Contents

Editors'' PrefaceNicholas Phillips: Introductory tribute: Lord Bingham of CornhillRoss Cranston: A biographical sketch: the early years

The Rule of Law and the Role of Law. Mary Arden: On liberty and the European Convention on Human Rights

Variations sur la politique jurisprudentielle: les juges ont-ils une ame

The rule of law and our changing constitution

Lord Bingham''s contribution to the HRA

Substance and procedure in judicial review

Scandals, Political Accountability and the rule of law. Counting Heads?

The value of clarity

Duty of care and public authority liability

What decisions should judges not take?

The rule of law internationally: Lord Bingham and the British Institute of International and Comparative Law

The United Kingdom constitution in transition: from where to where?

The general and the particular: parliament and the courts under the scheme of the European Convention on Human Rights

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

The reflections of a craftsman

The Independence and Organisation of Courts

A supreme judicial leader

Sweden''s contribution to governance of the judiciary

Lord Bingham: a New Zealand appreciation

The independence of the judge

Judicial independence: a functional perspective

Lord Bowen of Colwood: 1835-l94

Judging the administration in France: changes ahead?

European and International Law in National Courts

Jurisdiction

Le Royaume Uni, la France et la Convention europeenne des droits de l''homme

The twisted road from Prince Albert to Campbell and beyond, towards a right of privacy

National courts and the International Court of Justice

European law and the English judge

Controle de constitutionnalite, controle de conventionnalite et judicial review : la mise en oeuvre de la convention europeenne des droits de l''homme en France et au Royaume-Uni

Rules of international law and English courts

Towards an international rule of law?

The movement towards transparency in decision taking

Lord Bingham: of swallows and international law

Who calls the shots? Defence, foreign affairs, international law and the governance of Britain

Commercial law and globalisation

Reforming commercial court procedures

Lord Bingham and three continuing remedial controversies

Economic reasoning and judicial review

Aspects of justiciability in international law

What could the selection by the parties of English law in a civil law contract in commerce and finance truly mean?

Lord Bingham''s dictum in Ashville on one-stop dispute resolution

Earth, air and space: the Cape Town Convention and Protocols and their contribution to international commercial law

Lord Bingham''s contributions to commercial law

Comparative law in the courts (''There is a World Out There'')

The road ahead for the Common Law

The Lords, Tom Bingham and Australia

Goethe, Bingham and the gift of an open mind

On the waning magic of territoriality in the conflict of laws

Shielding the rule of law

Benefits of comparative tort reasoning: lost in tran

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