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Author:   Tom Bingham (Senior Law Lord 2000-2008)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.60cm , Height: 2.70cm , Length: 24.10cm
Weight:   0.739kg
ISBN:  

9780199697304

ISBN 10:   0199697302
Pages:   402
Publication Date:   01 September 2011
Audience:   General/trade ,  Professional and scholarly ,  General ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Foreword ; I. THE CONSTITUTION AND THE RULE OF LAW ; LOOKING BACKWARD ; 1. Magna Carta ; 2. The Alabama Claims and the International Rule of Law ; 3. Dicey Revisited ; 4. The Evolving Constitution ; 5. The Old Order Changeth ; LOOKING FORWARD ; 6. A Written Constitution? ; 7. The Future of the House of Lords ; II. THE BUSINESS OF JUDGING ; 8. The Judges: Active or Passive? ; 9. Government and Judges: Friends or Enemies? ; 10. The Highest Court in the Land ; III. HUMAN RIGHTS AND HUMAN WRONGS ; 11. The Human Rights Act: The View from the Bench ; 12. Personal Freedom and the Dilemma of Democracies ; 13. Habeas Corpus ; 14. 'The Law Favours Liberty': Slavery and the English Common Law ; 15. I Beg Your Pardon ; IV. THE COMMON LAW ; 16. From Servant to Employee: A Study of the Common Law in Action ; 17. A Duty of Care: The Uses of Tort ; 18. The Law as the Handmaiden of Commerce ; 19. A New Thing under the Sun?: The Interpretation of Contracts and the ICS Decision ; 20. The Internationalization of the Common Law ; V. LIVES OF THE LAW ; 21. Dr Johnson and the Law ; 22. Mr Bentham is Present

Reviews

The value of this publication is to provide a modern-day exposition of the best thinking behind recent constitutional changes. Geoffrey Robertson, NewStatesman

This monograph is an original insight into the doctrine of margin of appreciation. It will probably have some considerable impact on academic writing in the area of human rights adjudication. Kanstantsin Dzehtsiarou, Legal Studies Few will dispute that Lord Bingham was one fo the most prolific and articulate members of the senior judiciary before his retirement and his untimely death just a few years ago. It is entirely fitting therefore that his extra-judicial writings should be brought together in collections such as this one, which reveal both his deep learning and his passion for the rule of law. The Commonwealth Lawyer, Vol. 21, No. 2 The value of this publication is to provide a modern-day exposition of the best thinking behind recent constitutional changes. Geoffrey Robertson, NewStatesman

Few will dispute that Lord Bingham was one fo the most prolific and articulate members of the senior judiciary before his retirement and his untimely death just a few years ago. It is entirely fitting therefore that his extra-judicial writings should be brought together in collections such as this one, which reveal both his deep learning and his passion for the rule of law. The Commonwealth Lawyer, Vol. 21, No. 2 The value of this publication is to provide a modern-day exposition of the best thinking behind recent constitutional changes. Geoffrey Robertson, NewStatesman

Author Information

The late Tom Bingham occupied all of the senior judicial positions in the UK: the Master of the Rolls, from 1992-1996; the Lord Chief Justice, from 1996-2000; and the Senior Law Lord, from 2000 until his retirement in 2008. He is the author of The Business of Judging (OUP, 2000) and The Rule of Law (Allen Lane, 2009). A volume of essays in his honour, Tom Bingham and the Transformation of the Law was published by OUP in 2009.

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