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Tom Bingham and the Transformation of the Law
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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 ame? 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 Suave: 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 europeenne 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: 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 8: Vaughan Lowe: Rules of International Law and English Courts 9: Philippe Sands and Blinne Ni Ghralaigh: 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

Editors' Preface; Introductory Tribute: Lord Bingham of Cornhill; A Biographical Sketch: The Early Years; PART I: 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 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; PART II: THE INDEPENDENCE AND ORGANIZATION OF COURTS; 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?; PART III: EUROPEAN AND INTERNATIONAL LAW IN NATIONAL COURTS; 1. Jurisdiction; 2. Aspects of Judiciability in International Law; 3. Le Royaume Uni, la France et la Convention europeenne 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. 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; 8. Rules of International Law and 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; PART IV: COMMERCIAL LAW AND GLOBALIZATION; 1. With a View to Despatch; 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; PART V: COMPARATIVE LAW IN THE COURTS; 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; 49. 'There is a World Elsewhere' - Lord Bingham and Comparative Law

About the Author

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 Maitre de Conferences at Sciences Po, Paris. He holds degrees from Oxford, London and Paris.

Reviews

`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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