Tom Bingham and the Transformation of the Law: A Liber Amicorum by Mads AndenasTom Bingham and the Transformation of the Law: A Liber Amicorum by Mads Andenas

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

EditorMads Andenas, Duncan Fairgrieve

Paperback | September 22, 2011

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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 RightsLaw, 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 profoundmark 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.
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 Director of the British Institute of International and Comparativ...
Title:Tom Bingham and the Transformation of the Law: A Liber AmicorumFormat:PaperbackDimensions:976 pagesPublished:September 22, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019969334X

ISBN - 13:9780199693344

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Rated 5 out of 5 by from A Life in the Law: richly lived and enriching others! An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This volume is a tribute to Lord Bingham, recognized internationally, as well as in the UK, as being one of the most influential judges of 20th century through his judicial and academic work during an historical period which has seen much turbulence, controversy and change. During his remarkable career Bingham held in succession the two most senior judicial offices in England and Wales: Master of the Rolls and Lord Chief Justice, followed by the highest judicial office in the United Kingdom, that of Senior Law Lord and an honour by Her Majesty with the Order of a Knighthood of the Garter. Through his scholarly writing he was influential, in the early 1990s, in arguing in favour of UK incorporation of the European Human Rights Convention and later for the creation of a UK Supreme Court. This book brings together more than 50 essays written either by colleagues who have known Bingham, or those who have been influenced by him, whether in academia or legal practice. The result is truly diverting, revealing and enlightening, equally for the practitioner or indeed the general reader. Certainly the ‘Biographical Sketch: The Early Years’ section of the introduction – complete with photographs -- is a riveting read. Even as a schoolboy, Bingham revealed himself as an intellectual and academic prodigy, later to develop into a polymath with a formidable range of interests, ambitions and achievements. The son of two doctors, one of them, his mother, an American who had grown up on a ranch in California, he displayed an array of talents which could have taken him successfully in almost any direction he might have wanted to go. As students of poetry, we were intrigued to learn, for example, of his early prowess in that sphere, winning an award at school for his poem ‘Since Sinai’ which expresses the theme of God revealed through the beauty and power of nature. Subsequently, despite the demands of his profession, he has always found time to write and to preside over a number of bodies, including the Hay Festival. It’s one of the losses to modern public life that our senior judges are not called upon to make more public speeches as the clarity of Bingham’s thought (and those of his colleagues) is a talent this country vastly under-uses: one day, when others read books like this, the position might change, and general communication of information improved from its current woeful state. 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. In particular, you might be interested in the intriguingly worded Chapter 9 ‘What Decisions Should Judges Not Take?’ by Jeffrey Jowell. Above all, we were impressed with Nicholas Phillips’ account of Lord Bingham’s reputation for unfailing courtesy, especially to members of the Bar who came before him. Would that all judges were like that and we use them more in public life!
Date published: 2009-11-20

Table of Contents

Editors' PrefaceNicholas Phillips: Introductory Tribute: Lord Bingham of CornhillRoss Cranston: A Biographical Sketch: The Early YearsPart I: The Rule of Law and the Role of Law1. Mary Arden: On Liberty and the European Convention on Human Rights2. Guy Canivet: Variations sur la politique jurisprudentielle: Les juges ont-ils une ame?3. Anthony Clarke and John Sorabji: The Rule of Law and Our Changing Constitution4. 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 Review6. Walter Van Gerven: Scandals, Political Accountability and the Rule of Law. Counting Heads?7. Murray Gleeson: The Value of Clarity8. Elizabeth-Anne Gumbel: Duty of Care and Public Authority Liability9. 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 Law11. 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 Rights13. Stephen Sedley: The Long Sleep14. Brian Simpson: The Reflections of a CraftsmanPart II: The Independence and Organization of Courts1. Brenda Hale: A Supreme Judicial Leader2. John Bell: Sweden's Contribution to Governance of the Judiciary3. Sian Elias: Lord Bingham: a New Zealand appreciation4. David Keene: The Independence of the Judge5. Beverley McLachlin: Judicial Independence: a Functional Perspective6. John Mummery: Lord Bowen of Colwood: 1835-947. Jean-Marc Suave: Judging the Administration in France: Changes Ahead?Part III: European and International Law in National Courts1. Guido Alpa: Jurisdiction2. Lawrence Collins: Aspects of Judiciability in International Law3. Jean-Paul Costa and Patrick Titiun: Le Royaume Uni, la France et la Convention europeenne des droits de l'homme4. 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 Justice6. Francis Jacobs: European Law and the English Judge7. Olivier Dutheillet de Lamothe: 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-Uni8. Vaughan Lowe: Rules of International Law and English Courts9. Philippe Sands and Blinne Ni Ghralaigh: Towards an International Rule of Law?10. Konrad Schiemann: The Movement Towards Transparency in Decision Taking11. Vassilios Skouris: The Principle of Procedural Autonomy and the Duty of Loyal Cooperation of National Judges under Article 10 EC12. Gillian Triggs: Lord Bingham: Of Swallows and International Law13. Colin Warbrick: Who Calls the Shots? Defence, Foreign Affairs, International Law, and the Governance of BritainPart IV: Commercial Law and Globalization1. Richard Aikens: With a View to Despatch2. Andrew Burrows: Lord Bingham and Three Continuing Remedial Controversies3. Stephen Breyer: Economic Reasoning and Judicial Review4. 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 Arbitration6. Roy Goode: Earth, Air and Space: the Cape Town Convention and Protocols and their Contribution to International Commercial Law7. Bernard Rix: Lord Bingham's Contributions to Commercial LawPart V: Comparative Law in the Courts1. Robin Cooke: The Road Ahead for the Common Law2. David Ipp: Recent Reforms in Australia to the Law of Negligence with Particular Reference to the Liability of Public Authorities3. Michael Kirby: The Lords, Tom Bingham, and Australia4. Basil Markesinis: Goethe, Bingham, and the Gift of an Open Mind5. Horatia Muir Watt: On the Waning Magic of Territoriality in the Conflict of Laws6. Anne-Marie Slaughter: Shielding the Rule of Law7. Jane Stapleton: Benefits of Comparative Tort Reasoning: Lost in Translation8. Bernard Stirn: Le Conseil d'Etat, so British?9. Vincenzo Zeno Zencovich: The Bingham Court49. Mads Andenas and Duncan Fairgrieve: 'There is a World Elsewhere' - Lord Bingham and Comparative Law

Editorial Reviews

"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 apersonal 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 writesmovingly 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