基本説明
New in paperback. Hardcover was published in 2009. Major collection of leading figures assessing Lord Bingham's contribution to the legal system.
Full Description
Tom 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.
Contents
Editors' Preface ; Introductory Tribute: Lord Bingham of Cornhill ; A Biographical Sketch: The Early Years ; THE RULE OF LAW AND THE ROLE OF LAW ; 1. On Liberty and the European Convention on Human Rights ; 2. Variations sur la politique jurisprudentielle: les juges ont-ils une ame ; 3. The rule of law and our changing constitution ; 4. Lord Bingham's contribution to the HRA ; 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 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. The reflections of a craftsman ; THE INDEPENDENCE AND ORGANISATION OF COURTS ; 15. A supreme judicial leader ; 16. Sweden's contribution to governance of the judiciary ; 17. Lord Bingham: a New Zealand appreciation ; 18. The independence of the judge ; 19. Judicial independence: a functional perspective ; 20. Lord Bowen of Colwood: 1835-94 ; 21. Judging the administration in France: changes ahead? ; EUROPEAN AND INTERNATIONAL LAW IN NATIONAL COURTS ; 22. Jurisdiction ; 23. Le Royaume Uni, la France et la Convention europeenne des droits de l'homme ; 24. The twisted road from Prince Albert to Campbell and beyond, towards a right of privacy ; 25. National courts and the International Court of Justice ; 26. European law and the English judge ; 27. Controle de constitutionnalite, controle de conventionnalite et judicial review : la mise en oeuvre de la convention europeenne des droits de l'homme en France et au Royaume-Uni ; 28. Rules of international law and English courts ; 29. Towards an international rule of law? ; 30. The movement towards transparency in decision taking ; 31. Lord Bingham: of swallows and international law ; 32. Who calls the shots? Defence, foreign affairs, international law and the governance of Britain ; COMMERCIAL LAW AND GLOBALISATION ; 33. Reforming commercial court procedures ; 34. Lord Bingham and three continuing remedial controversies ; 35. Economic reasoning and judicial review ; 36. Aspects of justiciability in international law ; 37. What could the selection by the parties of English law in a civil law contract in commerce and finance truly mean? ; 38. Lord Bingham's dictum in Ashville on one-stop dispute resolution ; 39. Earth, air and space: the Cape Town Convention and Protocols and their contribution to international commercial law ; 40. Lord Bingham's contributions to commercial law ; COMPARATIVE LAW IN THE COURTS ('THERE IS A WORLD OUT THERE') ; 41. The road ahead for the Common Law ; 42. The Lords, Tom Bingham and Australia ; 43. Goethe, Bingham and the gift of an open mind ; 44. On the waning magic of territoriality in the conflict of laws ; 45. Shielding the rule of law ; 46. Benefits of comparative tort reasoning: lost in translation ; 47. Le Conseil d'Etat, so British? ; 48. The rule of law in European perspective ; 49. Lord Bingham and comparative law
