Subject: Law Book Title: Tom Bingham and the Transformation of the Law
Tom Bingham and the Transformation of the Law
A Liber Amicorum
Andenas, Mads (Editor),
Professor of Law, University of Oslo
Fairgrieve, Duncan (Editor),
Fellow in Comparative Law and Director of the Tort Law Centre at the British Institute of International and Comparative Law
Print publication date: 2009
Published to Oxford Scholarship Online: September 2009 Print ISBN-13: 978-0-19-956618-1 doi:10.1093/acprof:oso/9780199566181.001.0001 |
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Abstract:
Tom Bingham is internationally recognised as one of the most influential judges of the 20th century. Having occupied in succession the most senior judicial offices in the United Kingdom, Master of the Rolls, Lord Chief Justice, and Senior Law Lord, his judicial and academic work have deeply influenced the development of the law in a period of transformation. His argument for a new UK Supreme Court and incorporation of the European Human Rights Convention 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. As a judge, Lord Bingham has given effect to the legislative incorporation of the ECHR and the protection of individual rights against anti-terror legislation, strengthened judicial independence, and gained an international influence reaching beyond the common law world. This book collects together more than fifty chapters from colleagues and those influenced by Lord Bingham, from across academia and legal practice. The chapters survey Lord Bingham's pivotal role in the transformations that have taken place in the legal system during his career, and in the protection and development of the rule of law.
Keywords: rule of law, independence of courts, organization of courts, European and international law, national courts, commercial law, globalization, comparative law Table of Contents
Preface
 Introduction
1.
On Liberty and the European Convention on Human Rights
2.
Variations sur la politique jurisprudentielle: Les juges ont-ils une âme?
3.
The Rule of Law and Our Changing Constitution
4.
Lord Bingham and the Human Rights Act 1998: The Search for Democratic Legitimacy During the ‘War on Terror’
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 Long Sleep
14.
The Reflections of a Craftsman
1.
A Supreme Judicial Leader
2.
Sweden’s Contribution to Governance of the Judiciary
3.
Lord Bingham: a New Zealand Appreciation
4.
The Independence of the Judge
5.
Judicial Independence: A Functional Perspective
6.
Lord Bowen of Colwood: 1835–94
7.
Judging the Administration in France: Changes Ahead?
1.
Jurisdiction
2.
Aspects of Justiciability in International Law
3.
Le Royaume-Uni, la France et la Convention européenne des droits de l’homme
4.
The Twisted Road from Prince Albert to Campbell, and Beyond: Towards a Right of Privacy?
5.
National Courts and the International Court of Justice
6.
European Law and the English Judge
7.
Contrôle de Constitutionnalité, Contrôle de Conventionnalité et Judicial Review: La mise en œuvre de la Convention Européenne des droits de l’homme en France et au Royaume-Uni
8.
Rules of International Law in English Courts
9.
Towards an International Rule of Law?
10.
The Movement Towards Transparency in Decision Taking
11.
The Principle of Procedural Autonomy and the Duty of Loyal Cooperation of National Judges under Article 10 EC
12.
Lord Bingham: Of Swallows and International Law
13.
Who Calls the Shots? Defence, Foreign Affairs, International Law, and the Governance of Britain
1.
‘... With a view to despatch and the saving of expense’. How the Commercial Court has attempted to meet the demands of the business community for efficient and cost-effective litigation procedures.
2.
Lord Bingham and Three Continuing Remedial Controversies
3.
Economic Reasoning and Judicial Review
4.
What Could the Selection by the Parties of English Law in a Civil Law Contract in Commerce and Finance Truly Mean?
5.
Lord Bingham, Anti-Suit Injunctions and Arbitration
6.
Earth, Air, and Space: the Cape Town Convention and Protocols and their Contribution to International Commercial Law
7.
Lord Bingham’s Contributions to Commercial Law
1.
The Road Ahead for the Common Law
2.
Recent Reforms in Australia to the Law of Negligence with Particular Reference to the Liability of Public Authorities
3.
The Lords, Tom Bingham, and Australia
4.
Goethe, Bingham, and the Gift of an Open Mind
5.
On the Waning Magic of Territoriality in the Conflict of Laws
6.
Shielding the Rule of Law
7.
Benefits of Comparative Tort Reasoning: Lost in Translation
8.
Le Conseil d’Etat, so British?
9.
The Bingham Court
10.
‘There is A World Elsewhere’ – Lord Bingham and Comparative Law
Index
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doi:10.1093/acprof:oso/9780199566181.001.0001
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