Overview

In Lord Sumption and the Limits of the Law, leading public law scholars reflect on the nature and limits of the judicial role and its implications for human rights protection and democracy. The starting point for this reflection is Lord Sumption’s lecture, ‘The Limits of the Law’, which grounds a wide-ranging discussion of questions including the scope and legitimacy of judicial law-making, the interpretation of the European Convention on Human Rights, and the continuing significance and legitimacy, or otherwise, of the European Court of Human Rights. Lord Sumption ends the volume with a substantial commentary on the responses to his lecture.

Full Product Details

Author:   Richard Ekins ,  Paul Yowell (University of Oxford) ,  NW Barber
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.20cm , Height: 1.80cm , Length: 23.20cm
Weight:   0.420kg
ISBN:  

9781509922055

ISBN 10:   1509922059
Pages:   248
Publication Date:   31 May 2018
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction NW Barber, Richard Ekins and Paul Yowell 2. The Limits of Law Lord Sumption 3. Sumption’s Assumptions Martin Loughlin 4. Living Trees or Deadwood: The Interpretive Challenge of the European Convention on Human Rights Sandra Fredman 5. Judges, Interpretation and Self-Government Lord Hoffmann 6. Judicial Law-Making and the ‘Living’ Instrumentalisation of the ECHR John Finnis 7. The Role of Courts in the Joint Enterprise of Governing Aileen Kavanagh 8. Three Wrong Turns in Lord Sumption’s Conception of Law and Democracy Jeff King 9. The Human Rights Act and ‘Coordinate Construction’: Towards a ‘ Parliament Square ’ Axis for Human Rights? Carol Harlow 10. Limits of Law: Reflections from Private and Public Law Paul Craig 11. The Limits of Lord Sumption: Limited Legal Constitutionalism and the Political Form of the ECHR Richard Bellamy 12. A Response Lord Sumption

Reviews

...this is a stimulating and provocative book. The informed and penetrating discussion of the issues will be of great interest to lawyers generally, particularly to those concerned with public law. -- Hon Sir Anthony Mason * Hong Kong Law Journal *

...this is a stimulating and provocative book. The informed and penetrating discussion of the issues will be of great interest to lawyers generally, particularly to those concerned with public law. -- Hon Sir Anthony Mason * Hong Kong Law Journal * Distinguished public lawyers, mostly from Oxford, reflect on Lord Sumption's ideas. The resulting volume is a rich feast of disagreements... [The] commentary advances the human rights debate at a time when the continuation of the 1998 constitutional settlement is no longer assured. -- Jonathan Morgan * Law Quarterly Review *

...this is a stimulating and provocative book. The informed and penetrating discussion of the issues will be of great interest to lawyers generally, particularly to those concerned with public law. -- Hon Sir Anthony Mason * Hong Kong Law Journal * Distinguished public lawyers, mostly from Oxford, reflect on Lord Sumption’s ideas. The resulting volume is a rich feast of disagreements... [The] commentary advances the human rights debate at a time when the continuation of the 1998 constitutional settlement is no longer assured. -- Jonathan Morgan * Law Quarterly Review *

Author Information

NW Barber is a Fellow of Trinity College, Oxford; Richard Ekins is a Fellow of St John’s College, Oxford; and Paul Yowell is a Fellow of Oriel College, Oxford.

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