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A Hard Act to Follow: The Bingham Court, 2000–8

Brice Dickson

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0016
Subject:
Law, Legal History

This chapter begins with a discussion of justifications for references to the ‘Bingham Court’ after Lord Bingham, given that naming a court after an individual judge seems antithetical to a central ... More


Lord Bingham: a New Zealand Appreciation

Sian Elias

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0017
Subject:
Law, Legal History

This chapter deals with how the New Zealand legal system has benefited from Lord Bingham's judicial leadership. He has influenced the New Zealand legal system directly through his work in the Privy ... More


Lord Bingham’s Contributions to Commercial Law

Bernard Rix

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0042
Subject:
Law, Legal History

This chapter addresses Lord Bingham's judicial contribution to commercial law. It discusses a number of selected cases from the three main stages of Lord Bingham's judicial career: the Commercial ... More


Lord Bingham and the Human Rights Act 1998: The Search for Democratic Legitimacy During the ‘War on Terror’

Richard Clayton and Hugh Tomlinson

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0004
Subject:
Law, Legal History

This chapter deals with Lord Bingham's contribution to the legitimacy of the Human Rights Act (HRA) in the climate of the war on terror. It concentrates on two topics: the way in which the House of ... More


A Supreme Judicial Leader

Brenda Hale

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0015
Subject:
Law, Legal History

This chapter gives an outline of the development/establishment of the Supreme Court, and Lord Bingham's contribution to this. It deals with the discussions of what the Supreme Court should be for, ... More


The Lords, Tom Bingham, and Australia

Michael Kirby

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0045
Subject:
Law, Legal History

This chapter recounts the debt to the judicial work of the House of Lords that Australian law owes to Lord Bingham and his distinguished colleagues and predecessors, and Lord Bingham's enormous ... More


European Law and the English Judge

Francis Jacobs

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0027
Subject:
Law, Legal History

This chapter assesses Lord Bingham's openness to new ideas from other quarters and other sources, in the context of two new dimensions of English law which have in recent years substantially ... More


On Liberty and the European Convention on Human Rights

Mary Arden

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0001
Subject:
Law, Legal History

This chapter details the unique contribution of Lord Bingham to the development of human rights in the UK, his speeches on the implementation of the ECHR, and the role of the courts in applying it. ... More


The Independence of the Judge

David Keene

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0018
Subject:
Law, Legal History

This chapter looks at the importance of the independence of the judge, and how Lord Bingham has dealt with this in his work. In order to secure independence it is not sufficient to prevent the ... More


The Rule of Law Internationally: Lord Bingham and the British Institute of International and Comparative Law

Robert McCorquodale

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0010
Subject:
Law, Legal History

This chapter provides a small insight into how Lord Bingham has assisted in the application of the rule of law in the international community through his active role with the British Institute of ... More


Lord Bingham and Three Continuing Remedial Controversies

Andrew Burrows

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0037
Subject:
Law, Legal History

This chapter focuses on three continuing controversies in our law on remedies which are reflected in three much-discussed judgments of Lord Bingham, Neste Oy v LloydsBank plc, Jaggard v Sawye, and ... More


Duty of Care and Public Authority Liability

Elizabeth Anne Gumbel

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0008
Subject:
Law, Legal History

This chapter deals with Lord Bingham's important contribution to altering the boundaries that limit claims for breach of duty by public authorities by analyzing a selection of his judgments. Lord ... More


The Reflections of a Craftsman

Brian Simpson

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0014
Subject:
Law, Legal History

This chapter examines the role of judges as lawmakers in the common law tradition, the question being whether their job is solely to say what the law is, not to create it, or do they have a ... More


Lord Bowen of Colwood: 1835–94: Aspects of his life, career, and times

John Mummery

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0020
Subject:
Law, Legal History

This chapter discusses Lord Bowen of Colwood, a great 19th century judge. It argues that there are common threads in the lives of Lord Bingham and Lord Bowen. Biography is also one of Lord Bingham's ... More


The General and the Particular: Parliament and the Courts under the Scheme of the European Convention on Human Rights

Philip Sales

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0012
Subject:
Law, Legal History

This chapter examines the relationship between the two pillars of the constitution as identified by Dicey in An Introduction to the Study of the Law of the Constitution, and later assessed by Lord ... More


The Movement Towards Transparency in Decision Taking 1

Konrad Schiemann

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0031
Subject:
Law, Legal History

This chapter details the movement towards transparency in decision taking and Lord Bingham's contribution to this. It examines the stages in which this development has come about in the different ... More


The Road Ahead for the Common Law 1

Robin Cooke

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0043
Subject:
Law, Legal History

This chapter discusses the work of the English courts, identifying some current lines of development and some that can lie ahead. It looks at the influence of international law, the division of labor ... More


Scandals, Political Accountability and the Rule of Law. Counting Heads?

Walter Van Gerven

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0006
Subject:
Law, Legal History

This chapter deals with concepts like rule of law, political accountability, and ministerial responsibility showing how they also emerge in European Union (EU) law with a similar but not identical ... More


Objectivity and Value: Legal Arguments and the Fallibility of Judges

Stephen Guest

in Law and Philosophy

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199237159
eISBN:
9780191705427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237159.003.0005
Subject:
Law, Philosophy of Law

This chapter begins with a discussion of the nature of truth, the sociology and objectivity of value, moral judgements as skill, social practices and objectivity, and objectivity in law. It then ... More


On the Waning Magic of Territoriality in the Conflict of Laws

Horatia Muir Watt

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

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0047
Subject:
Law, Legal History

This chapter examines the meaning of territory and how the understanding of state sovereignty is now linked to political and economic influence rather than to the ability to assert exclusive coercive ... More


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