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Tom Bingham and the Transformation of the Law: A Liber Amicorum

Tom Bingham and the Transformation of the Law A Liber Amicorum

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199693344
  • Published In: September 2011
  • Format: Paperback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Contents 
  • Author 
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  • A unique celebration of the life and work of the late Tom Bingham, one of the most influential judges of the twentieth century, and an important figure in British public life
  • Features a collection of leading judges, academics, and lawyers assessing contemporary developments in the English legal system

Tom Bingham was 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 Senior Law Lord, before retiring in 2008, at which point he devoted himself to the teaching of Human Rights Law, until his death in September 2010. 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 left a profound mark on UK constitutional law. He was also 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 took place in the legal system during his career.

Readership: Academics, judges, and practising lawyers interested in the development of the English legal system.

Editors' Preface
Nicholas Phillips: Introductory Tribute: Lord Bingham of Cornhill
Ross Cranston: A Biographical Sketch: The Early Years
Part I: 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 and the Human rights Act 1998: the Search for Democratic Legitimacy During the 'War on Terror'
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 Long Sleep
14: Brian Simpson: The Reflections of a Craftsman
Part II: The Independence and Organization of Courts
1: Brenda Hale: A Supreme Judicial Leader
2: John Bell: Sweden's Contribution to Governance of the Judiciary
3: Sian Elias: Lord Bingham: a New Zealand appreciation
4: David Keene: The Independence of the Judge
5: Beverley McLachlin: Judicial Independence: a Functional Perspective
6: John Mummery: Lord Bowen of Colwood: 1835-94
7: Jean-Marc Suavé: Judging the Administration in France: Changes Ahead?
Part III: European and International Law in National Courts
1: Guido Alpa: Jurisdiction
2: Lawrence Collins: Aspects of Judiciability in International Law
3: Jean-Paul Costa and Patrick Titiun: Le Royaume Uni, la France et la Convention européenne des droits de l'homme
4: Roger Errera: The Twisted Road from Prince Albert to Campbell, and Beyond: Towards a Right of Privacy?
5: Rosalyn Higgins: National Courts and the International Court of Justice
6: Francis Jacobs: European Law and the English Judge
7: 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
8: Vaughan Lowe: Rules of International Law and English Courts
9: Philippe Sands and Blinne Ní Ghrálaigh: Towards an International Rule of Law?
10: Konrad Schiemann: The Movement Towards Transparency in Decision Taking
11: Vassilios Skouris: The Principle of Procedural Autonomy and the Duty of Loyal Cooperation of National Judges under Article 10 EC
12: Gillian Triggs: Lord Bingham: Of Swallows and International Law
13: Colin Warbrick: Who Calls the Shots? Defence, Foreign Affairs, International Law, and the Governance of Britain
Part IV: Commercial Law and Globalization
1: Richard Aikens: With a View to Despatch
2: Andrew Burrows: Lord Bingham and Three Continuing Remedial Controversies
3: Stephen Breyer: Economic Reasoning and Judicial Review
4: Jan Dalhuisen: What Could the Selection by the Parties of English Law in a Civil Law Contract in Commerce and Finance Truly Mean?
5: Steven Gee: Lord Bingham, Anti-Suit Injunctions, and Arbitration
6: Roy Goode: Earth, Air and Space: the Cape Town Convention and Protocols and their Contribution to International Commercial Law
7: Bernard Rix: Lord Bingham's Contributions to Commercial Law
Part V: Comparative Law in the Courts
1: Robin Cooke: The Road Ahead for the Common Law
2: David Ipp: Recent Reforms in Australia to the Law of Negligence with Particular Reference to the Liability of Public Authorities
3: Michael Kirby: The Lords, Tom Bingham, and Australia
4: Basil Markesinis: Goethe, Bingham, and the Gift of an Open Mind
5: Horatia Muir Watt: On the Waning Magic of Territoriality in the Conflict of Laws
6: Anne-Marie Slaughter: Shielding the Rule of Law
7: Jane Stapleton: Benefits of Comparative Tort Reasoning: Lost in Translation
8: Bernard Stirn: Le Conseil d'Etat, so British?
9: Vincenzo Zeno Zencovich: The Bingham Court
49: Mads Andenas and Duncan Fairgrieve: 'There is a World Elsewhere' - Lord Bingham and Comparative Law

Edited by Mads Andenas, Professor of Law, University of Oslo, and Duncan Fairgrieve, Fellow in Comparative Law and Director of the Tort Law Centre at the British Institute of International and Comparative Law

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 Maître de Conférences at Sciences Po, Paris. He holds degrees from Oxford, London and Paris.

Contributors: 

The Honourable Mr Justice Aikens (Sir Richard Aikens) is a member of the High Court of England and Wales.
Professor Guido Alpa is a Professor at the University of Rome La Sapienza, and the President of the Italian Bar Council.
Professor Mads Andenas is a Professor at the University of Oslo and the Institute of Advanced Legal Studies, University of London.
The Right Honourable Lady Justice Arden DBE (Dame Mary Arden) is a member of the Court of Appeal of England and Wales.
Professor John Bell is a Professor at the University of Cambridge.
The Honorable Justice Stephen Breyer is a Justice of the Supreme Court of the United States.
Professor Andrew Burrows is Professor at the University of Oxford.
Conseiller Guy Canivet is Premier président honoraire de la Cour de cassation and Membre of the Conseil Constitutionnel, France.
The Right Honourable Sir Anthony Clarke is the Master of the Rolls (President of the Civil Division of the Court of Appeal), the Royal Courts of Justice, London.
Richard Clayton QC, is a barrister at Matrix Chambers, Gray's Inn, London.
The Right Honourable Lord Justice Collins (Sir Lawrence Collins) is a member of the Court of Appeal of England and Wales.
The Right Honourable Lord Cooke of Thorndon (Robin Brunskill Cooke), (9 May 1926 - 30 August 2006), served as President New Zealand Court of Appeal and as a Lord of Appeal in the House of Lords.
Jean-Paul Costa is Conseiller d'Etat honoraire and President of the European Court of Human Rights, Strasbourg.
Professor Paul Craig is a Professor at the University of Oxford.
The Honourable Mr Justice Cranston (Sir Ross Cranston) is a member of the High Court of England and Wales.
Professor J H Dalhuisen is a Professor at King's College, University of London.
Conseiller Olivier Dutheillet de Lamothe is a member of Conseil constitutionnel, France.
The Right Honourable Dame Sian Elias is the Chief Justice of New Zealand.
Roger Errera is Conseiller d'Etat honoraire and Visiting Professor at the Central European University, Budapest.
Duncan Fairgrieve is a Fellow at the British Institute of International and Comparative Law, London and Maître de Conférences, Sciences Po, Paris.
Steven Gee QC is a barrister at Stone Chambers, Gray's Inn, London.
Professor Baron Walter Van Gerven is a Professor at the University of Leuven, and a former Advocate General to the Court of Justices of the European Communities, Luxembourg.
The Honourable Chief Justice Anthony Gleeson is the Chief Justice of the High Court of Australia.
Professor Sir Roy Goode QC is a Professor of the University of Oxford.
Blinne Ní Ghrálaigh is a barrister at Matrix Chambers, Gray's Inn, London.
Elizabeth-Anne Gumbel QC is a barrister at One Crown Office Row, Temple, London.
The Right Honourable Baroness Hale is a Justice of the Supreme Court of the United Kingdom.
Her Excellency Dame Rosalyn Higgins is the President of the International Court of Justice, The Hague.
The Honourable Justice David Ipp is Judge of Appeal, the New South Wales Court of Appeal, Australia.
The Right Honourable Professor Sir Francis Jacobs is a Professor of Law and Jean Monnet Professor at King's College London; Advocate General, Court of Justice of the European Communities, 1988-2006.
Professor Jeffrey Jowell QC is a Professor at University College, University of London, and a practising barrister at Blackstone Chambers.
The Right Honourable Lord Justice Keene (Sir David Keene) ) is a member for the Court of Appeal of England and Wales.
The Honourable Justice Michael Kirby is a Justice of the High Court of Australia.
Professor Vaughan Lowe is Chichele Professor of Public International Law and Fellow of All Souls College, Oxford University.
Professor Sir Basil Markesinis QC has held chairs at the universities of London and Oxford, and presently at the University of Texas.
Professor Robert McCorquodale is Director of the British Institute of International and Comparative Law and Professor of International Law and Human Rights at the University of Nottingham.
The Right Honourable Beverley MacLachlin PC is the Chief Justice of Canada.
Professor Horatia Muir-Watt is a Professor at University of Paris I, Panthéon- Sorbonne.
The Right Honourable Lord Justice Mummery (Sir John Mummery ) is a member for the Court of Appeal of England and Wales.
Professor Dawn Oliver is a Professor at University College, University of London.
The Right Honourable Lord Phillips of Worth Matravers is the President of the Supreme Court of the United Kingdom, London.
The Right Honourable Lord Justice Rix (Sir Bernard Rix) ) is a member for the Court of Appeal of England and Wales.
The Honourable Mr Justice Sales (Sir Philip Sales) is a member of the High Court of England and Wales and Formerly First Treasury Counsel, Common Law.
Professor Phillippe Sands QC is a Professor at University College, University of London.
Jean-Marc Sauvé is Vice-President of the Conseil d'Etat, France.
The Right Honourable Sir Konrad Schiemann is a Judge at the European Court of Justice and former Lord Justice.
The Right Honourable Lord Justice Sedley (Sir Stephen Sedley) is a member of the Court of Appeal of England and Wales.
Professor Brian Simpson is a Professor at the University of Michigan
Vassilios Skouris is the President of the Court of Justice to the European Communities, Luxembourg.
Professor Anne-Marie Slaughter is the Dean of the Woodrow Wilson School of Public and International Affairs at the University of Princeton.
John Sorabji is a Barrister and Legal Secretary to the Master of the Rolls.
Professor Jane Stapleton is Ernest E. Smith Professor at the the University of Texas, Austin, a Research Professor at the Australian National University in Canberra, Statutory Visiting Professor of Law at Oxford University, and Commonwealth Fellow of the British Institute of International and Comparative Law, London.
Bernard Stirn is the Président de Section du Contentieux, Conseil d'Etat, Paris.
Patrick Titiun, is a French magistrate and the Head of Cabinet of the President of the European Court of Human Rights, Strasbourg.
Professor Gillian Triggs is the Dean of the School of Law at the University of Sydney.
Hugh Tomlinson QC is a barrister at Matrix Chambers, Gray's Inn, London.
Professor Colin Warbrick is Barber Professor of Jurisprudence at the University of Birmingham.
Professor Vincenzo Zeno-Zencovich is a Professor at University of Roma Tre. 

"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 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

"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 .

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