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OverviewTom 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. Full Product DetailsAuthor: Mads Andenas (Professor of Law, University of Oslo) , Duncan Fairgrieve (Fellow in Comparative Law and Director of the Tort Law Centre at the British Institute of International and Comparative Law)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 26.30cm , Height: 5.70cm , Length: 24.10cm Weight: 1.587kg ISBN: 9780199566181ISBN 10: 0199566186 Pages: 970 Publication Date: 30 April 2009 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand ![]() We will order this item for you from a manufactured on demand supplier. Table of ContentsEditors' Preface Nicholas Phillips: Introductory Tribute: Lord Bingham of Cornhill Ross Cranston: A Biographical Sketch: The Early Years The Rule of Law and the Role of Law 1: Mary Arden: On Liberty and the European Convention on Human Rights 2: Guy Canivet: Variations sur la politique jurisprudentielle: les juges ont-ils une âme 3: Anthony Clarke and John Sorabji: The rule of law and our changing constitution 4: Richard Clayton and Hugh Tomlinson: Lord Bingham's contribution to the HRA 5: Paul Craig: Substance and procedure in judicial review 6: Walter Van Gerven: Scandals, Political Accountability and the rule of law. Counting Heads? 7: Murray Gleeson: The value of clarity 8: Elizabeth-Anne Gumbel: Duty of care and public authority liability 9: Jeffrey Jowell: What decisions should judges not take? 10: Robert McCorquodale: The rule of law internationally: Lord Bingham and the British Institute of International and Comparative Law 11: Dawn Oliver: The United Kingdom constitution in transition: from where to where? 12: Philip Sales: The general and the particular: parliament and the courts under the scheme of the European Convention on Human Rights 13: Stephen Sedley: 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: Brian Simpson: The reflections of a craftsman The Independence and Organisation of Courts 15: Brenda Hale: A supreme judicial leader 16: John Bell: Sweden's contribution to governance of the judiciary 17: Sian Elias: Lord Bingham: a New Zealand appreciation 18: David Keene: The independence of the judge 19: Beverley McLachlin: Judicial independence: a functional perspective 20: John Mummery: Lord Bowen of Colwood: 1835-94 21: Jean-Marc Suavé: Judging the administration in France: changes ahead? European and International Law in National Courts 22: Guido Alpa: Jurisdiction 23: Jean-Paul Costa and Patrick Titiun: Le Royaume Uni, la France et la Convention européenne des droits de l'homme 24: Roger Errera: The twisted road from Prince Albert to Campbell and beyond, towards a right of privacy 25: Rosalyn Higgins: National courts and the International Court of Justice 26: Francis Jacobs: European law and the English judge 27: Olivier Dutheillet de Lamothe: Contrôle de constitutionnalité, contrôle de conventionnalité et judicial review : la mise en oeuvre de la convention européenne des droits de l'homme en France et au Royaume-Uni 28: Vaughan Lowe: Rules of international law and English courts 29: Philippe Sands and Blinne Ní Ghrálaigh: Towards an international rule of law? 30: Konrad Schiemann: The movement towards transparency in decision taking 31: Gillian Triggs: Lord Bingham: of swallows and international law 32: Colin Warbrick: Who calls the shots? Defence, foreign affairs, international law and the governance of Britain Commercial law and globalisation 33: Richard Aikens: Reforming commercial court procedures 34: Andrew Burrows: Lord Bingham and three continuing remedial controversies 35: Stephen Breyer: Economic reasoning and judicial review 36: Lawrence Collins: Aspects of justiciability in international law 37: Jan Dalhuisen: What could the selection by the parties of English law in a civil law contract in commerce and finance truly mean? 38: Steven Gee: Lord Bingham's dictum in Ashville on one-stop dispute resolution 39: Roy Goode: Earth, air and space: the Cape Town Convention and Protocols and their contribution to international commercial law 40: Bernard Rix: Lord Bingham's contributions to commercial law Comparative law in the courts ('There is a World Out There') 41: Robin Cooke: The road ahead for the Common Law 42: Michael Kirby: The Lords, Tom Bingham and Australia 43: Basil Markesinis: Goethe, Bingham and the gift of an open mind 44: Horatia Muir Watt: On the waning magic of territoriality in the conflict of laws 45: Anne-Marie Slaughter: Shielding the rule of law 46: Jane Stapleton: Benefits of comparative tort reasoning: lost in translation 47: Bernard Stirn: Le Conseil d'Etat, so British? 48: Vincenzo Zeno Zencovich: The rule of law in European perspective 49: Mads Andenas and Duncan Fairgrieve: Lord Bingham and comparative lawReviews<br> The book is immensely rich. Anyone reading it from cover to cover will be well informed on all the great issues of the day. <br>--Joshua Rozenberg, Gazette, July 2009<p><br> 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. <br>--Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers, London<p><br> 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 <br>--Chris Himsworth, University Of Edinburgh, Edinburgh Law Review vol 14<p><br> No lawyer sensible and curious enough to purchase the book will go away intellectually empty-handed <br>--C.J.S. Knight, Law Quarterly Review<p><br> 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. <br>--Journal of the Commonwealth Lawyers' Association<p><br> The arc of the book is ambitious...it represents an impre Author InformationProfessor 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 Maître de Conférences at Sciences Po, Paris. He holds degrees from Oxford, London and Paris. Tab Content 6Author Website:Countries AvailableAll regions |