Table of Contents

Jeffrey Jowell: Foreword
I. The Constitution and the Rule of Law
Looking Backward
1: Magna Carta
2: The Alabama Claims and the International Rule of Law
3: Dicey Revisited
4: The Evolving Constitution
5: The Old Order Changeth
Looking Forward
6: A Written Constitution?
7: The Future of the House of Lords
II. The Business of Judging
8: The Judges: Active or Passive?
9: Government and Judges: Friends or Enemies?
10: The Highest Court in the Land
III. Human Rights and Human Wrongs
11: The Human Rights Act: The View from the Bench
12: Personal Freedom and the Dilemma of Democracies
13: Habeas Corpus
14: 'The Law Favours Liberty': Slavery and the English Common Law
15: I Beg Your Pardon
IV. The Common Law
16: From Servant to Employee: A Study of the Common Law in Action
17: A Duty of Care: The Uses of Tort
18: The Law as the Handmaiden of Commerce
19: A New Thing under the Sun?: The Interpretation of Contracts and the ICS Decision
20: The Internationalization of the Common Law
V. Lives of the Law
21: Dr Johnson and the Law
22: Mr Bentham is Present

About the Author

The late Tom Bingham occupied all of the senior judicial positions in the UK: the Master of the Rolls, from 1992-1996; the Lord Chief Justice, from 1996-2000; and the Senior Law Lord, from 2000 until his retirement in 2008. He is the author of The Business of Judging (OUP, 2000) and The Rule of Law (Allen Lane, 2009). A volume of essays in his honour, Tom Bingham and the Transformation of the Law was published by OUP in 2009.

Reviews

This monograph is an original insight into the doctrine of margin of appreciation. It will probably have some considerable impact on academic writing in the area of human rights adjudication.
*Kanstantsin Dzehtsiarou, Legal Studies*

Few will dispute that Lord Bingham was one fo the most prolific and articulate members of the senior judiciary before his retirement and his untimely death just a few years ago. It is entirely fitting therefore that his extra-judicial writings should be brought together in collections such as this one, which reveal both his deep learning and his passion for the rule of law.
*The Commonwealth Lawyer, Vol. 21, No. 2*

The value of this publication is to provide a modern-day exposition of the best thinking behind recent constitutional changes.
*Geoffrey Robertson, NewStatesman*