ISBN : 9780199693344
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.
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
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