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Tom Bingham and the Transformation of the Law Mads Andenas (Professor of Law, University of Oslo)

Tom Bingham and the Transformation of the Law By Mads Andenas (Professor of Law, University of Oslo)

Tom Bingham and the Transformation of the Law by Mads Andenas (Professor of Law, University of Oslo)


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Summary

Tom Bingham is among the most influential judges of the twentieth century. 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.

Tom Bingham and the Transformation of the Law Summary

Tom Bingham and the Transformation of the Law: A Liber Amicorum by Mads Andenas (Professor of Law, University of Oslo)

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.

Tom Bingham and the Transformation of the Law Reviews

The book is immensely rich. Anyone reading it from cover to cover will be well informed on all the great issues of the day. * Joshua Rozenberg, Gazette, July 2009 *
Full of treasures of information and insight-this book tells in 900 pages, from a number of detailed viewpoints, the story of a life richly lived, whose judicial and academic influence has enriched the life of nations worldwide. * Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers, London *
It is a book which must have given huge pleasure to its dedicatee and will also be much enjoyed by a wider readership...It draws together an array of judicial, academic and practising great and good (from the United Kingdom, Europe, the Commonwealth and the United States) to provide an impressive range of writing on matters of contemporary legal concern * Chris Himsworth, University Of Edinburgh, Edinburgh Law Review vol 14 *
No lawyer sensible and curious enough to purchase the book will go away intellectually empty-handed * C.J.S. Knight, Law Quarterly Review *
The essays are grouped under five broad heads: the rule of law and the role of law; the independence and organisation of the courts; European and international law in national courts; commercial law and globalisation; and comparative law in the courts. Most of the contributions have a personal touch which makes for very interesting reading (and sets the book apart from a number of other festschriften). An excellent biographical sketch, by Ross Cranston, reminds readers of Bingham's rich and busy life and career and his numerous achievements. Lord Phillips of Matravers writes movingly about Bingham's courtesy and compares him with that other giant of the modern legal scene, Lord Denning...this volume is guaranteed a wide audience, spanning the length and breadth of the Commonwealth. * Journal of the Commonwealth Lawyers' Association *
The arc of the book is ambitious...it represents an impressive achievement...The essays in this book are there to be dipped into and enjoyed for their own sake as much as that of the collection as a whole...A number of essays stand out in particular as worth seeking out first...aims to make a different contribution to legal scholarship...It reflects a judicial career which was characterised in great measure by a government which initially promoted human rights, then sought to reside as far as possible from them in the name of fighting terrorism * Thom Dyke, Public Law *

About Mads Andenas (Professor of Law, University of Oslo)

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, and Professor of Law, University of Oslo 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' Preface ; Introductory Tribute: Lord Bingham of Cornhill ; A Biographical Sketch: The Early Years ; THE RULE OF LAW AND THE ROLE OF LAW ; 1. On Liberty and the European Convention on Human Rights ; 2. Variations sur la politique jurisprudentielle: les juges ont-ils une ame ; 3. The rule of law and our changing constitution ; 4. Lord Bingham's contribution to the HRA ; 5. Substance and procedure in judicial review ; 6. Scandals, Political Accountability and the rule of law. Counting Heads? ; 7. The value of clarity ; 8. Duty of care and public authority liability ; 9. What decisions should judges not take? ; 10. The rule of law internationally: Lord Bingham and the British Institute of International and Comparative Law ; 11. The United Kingdom constitution in transition: from where to where? ; 12. The general and the particular: parliament and the courts under the scheme of the European Convention on Human Rights ; 13. 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 ; 14. The reflections of a craftsman ; THE INDEPENDENCE AND ORGANISATION OF COURTS ; 15. A supreme judicial leader ; 16. Sweden's contribution to governance of the judiciary ; 17. Lord Bingham: a New Zealand appreciation ; 18. The independence of the judge ; 19. Judicial independence: a functional perspective ; 20. Lord Bowen of Colwood: 1835-94 ; 21. Judging the administration in France: changes ahead? ; EUROPEAN AND INTERNATIONAL LAW IN NATIONAL COURTS ; 22. Jurisdiction ; 23. Le Royaume Uni, la France et la Convention europeenne des droits de l'homme ; 24. The twisted road from Prince Albert to Campbell and beyond, towards a right of privacy ; 25. National courts and the International Court of Justice ; 26. European law and the English judge ; 27. 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 ; 28. Rules of international law and English courts ; 29. Towards an international rule of law? ; 30. The movement towards transparency in decision taking ; 31. Lord Bingham: of swallows and international law ; 32. Who calls the shots? Defence, foreign affairs, international law and the governance of Britain ; COMMERCIAL LAW AND GLOBALISATION ; 33. Reforming commercial court procedures ; 34. Lord Bingham and three continuing remedial controversies ; 35. Economic reasoning and judicial review ; 36. Aspects of justiciability in international law ; 37. What could the selection by the parties of English law in a civil law contract in commerce and finance truly mean? ; 38. Lord Bingham's dictum in Ashville on one-stop dispute resolution ; 39. Earth, air and space: the Cape Town Convention and Protocols and their contribution to international commercial law ; 40. Lord Bingham's contributions to commercial law ; COMPARATIVE LAW IN THE COURTS ('THERE IS A WORLD OUT THERE') ; 41. The road ahead for the Common Law ; 42. The Lords, Tom Bingham and Australia ; 43. Goethe, Bingham and the gift of an open mind ; 44. On the waning magic of territoriality in the conflict of laws ; 45. Shielding the rule of law ; 46. Benefits of comparative tort reasoning: lost in translation ; 47. Le Conseil d'Etat, so British? ; 48. The rule of law in European perspective ; 49. Lord Bingham and comparative law

Additional information

NPB9780199566181
9780199566181
0199566186
Tom Bingham and the Transformation of the Law: A Liber Amicorum by Mads Andenas (Professor of Law, University of Oslo)
New
Hardback
Oxford University Press
2009-04-30
970
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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