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Lord Sumption And The Limits Of The Law

Author: Nicholas Barber
Publisher: Bloomsbury Publishing
ISBN: 1509902163
Size: 28.67 MB
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In Lord Sumption and the Limits of the Law, leading public law scholars reflect on the nature and limits of the judicial role and its implications for human rights protection and democracy. The starting point for this reflection is Lord Sumption's lecture, 'The Limits of the Law', which grounds a wide-ranging discussion of questions including the scope and legitimacy of judicial law-making, the interpretation of the European Convention on Human Rights, and the continuing significance and legitimacy, or otherwise, of the European Court of Human Rights. Lord Sumption ends the volume with a substantial commentary on the responses to his lecture.

Parliaments And Human Rights

Author: Murray Hunt
Publisher: Bloomsbury Publishing
ISBN: 1782254382
Size: 53.37 MB
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In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons

Constitutional Rights And Constitutional Design

Author: Paul Yowell
Publisher: Bloomsbury Publishing
ISBN: 1509913610
Size: 51.28 MB
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The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.

The Jurisprudence Of Lord Hoffmann

Author: Paul S Davies
Publisher: Bloomsbury Publishing
ISBN: 1509901558
Size: 11.84 MB
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Lord Leonard Hoffmann remains one of the most important and influential English jurists. Born in South Africa, he came to England as a Rhodes Scholar to study law at the University of Oxford. After graduating from the Bachelor of Civil Law as Vinerian Scholar, he was elected Stowell Civil Law Fellow of University College. There followed an extremely distinguished judicial career, including 14 years as a member of the Judicial Committee of the House of Lords (from 1995 to 2009). In 2009, Lord Hoffmann returned to the Oxford Law Faculty as a Visiting Professor. In this volume, current and past colleagues of Lord Hoffmann from the University of Oxford examine different aspects of his jurisprudence in diverse areas of private and public law. The contributions are testament to the clarity and creativity of his judicial and extra-judicial writings, to his enduring influence and extraordinary intellectual breadth, and to the respect and affection in which he is held.

The Rise And Fall Of The European Constitution

Author: Nicholas Barber
Publisher:
ISBN: 9781509910984
Size: 27.36 MB
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The rejection of the Constitutional Treaty brought the forward momentum of ever more European integration to an abrupt halt. This collection brings together some of the leading EU constitutional scholars to comment, with the benefit of hindsight, on the significance of that rejection and how it impacted on post 2003 developments. It examines why the member states chose to reject the movement towards a federal state. It also asks why the Treaty which had support from European lawyers, failed to enthuse European citizens. This probing and rigorous account will provide answers to these often asked questions.

Legislated Rights

Author: Grégoire Webber
Publisher: Cambridge University Press
ISBN: 1108642500
Size: 22.58 MB
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The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

Parliament And The Law

Author: Alexander Horne
Publisher: A&C Black
ISBN: 1782252592
Size: 17.37 MB
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Parliament and the Law is an edited collection of essays, sponsored by the Study of Parliament Group and written by leading constitutional lawyers, practitioners and parliamentary officials, with a Foreword by Sir Ross Cranston (a Justice of the High Court and former Solicitor-General). The book provides a wide-ranging overview of the ways in which the law applies to Parliament and considers how recent changes to our constitutional arrangements (in particular the Human Rights Act, the establishment of a Supreme Court and increasing devolution) have impacted on Parliament as an institution. It includes discussion of a number of topical issues, including: the operation of parliamentary privilege in civil and criminal law (examining the recent examples of 'super injunctions' and Members' expenses); the powers of Parliament's Select Committees; the work of Parliament's 'watchdog' Committees: the Joint Committee on Human Rights and the House of Lords Constitution Committee. It reflects on the effect of Freedom of Information on Parliament. It also discusses arguments that have been raised in favour of a new Bill of Rights for the United Kingdom and arguments for and against the continuation of the doctrine of Parliamentary sovereignty. The book is aimed at legal academics, practitioners, political scientists, parliamentarians and parliamentary officials and others interested in the relationships between Parliament and the law. "This book, published under the auspices of the Study of Parliament Group, is very much to be welcomed. The editors are to be applauded for their initiative [and] the various authors have a profound knowledge of Parliament's operation. The essays are a mine of information. For that reason the chapters will prove a springboard for further analysis. But the book is more than that because it raises some profound issues about Parliament's future and its relationship with other institutions of the state. Those in Parliament, whether as Members or officials, and those interested in Parliament, such as academics, public officials (including, dare I say judges), and many others besides, will all learn from it." From the Foreword by Sir Ross Cranston FBA

Public Law Adjudication In Common Law Systems

Author: John Bell
Publisher: Bloomsbury Publishing
ISBN: 1849469938
Size: 62.78 MB
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This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.

Lions Under The Throne

Author: Stephen Sedley
Publisher: Cambridge University Press
ISBN: 1316409341
Size: 14.34 MB
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Francis Bacon wrote in 1625 that judges must be lions, but lions under the throne. From that day to this, the tension within the state between parliamentary, judicial and executive power has remained unresolved. Lions under the Throne is the first systematic account of the origins and development of the great body of public law by which the state, both institutionally and in relation to the individual, is governed.

Mr Justice Mccardie 1869 1933

Author: Antony Lentin
Publisher: Cambridge Scholars Publishing
ISBN: 1443878642
Size: 68.85 MB
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According to the Law Journal in 1932, ‘No present-day figure on the Bench is of greater interest than Mr Justice McCardie’. A High Court Judge from 1916 to 1933, no twentieth-century judge was more conspicuous or controversial. To his critics, he was a ‘rogue judge’ whose headline-hitting pronouncements often angered his fellow judges, called down the ire of the Churches, provoked calls in Parliament for his removal and earned a public rebuke from the Prime Minister. To his admirers, he was ‘a Crusader on the Bench’, a pioneer who denounced outdated laws, strove to make the law meet the needs of modern society and boldly championed women’s causes, birth control and abortion. The Law Quarterly Review described him as ‘one of the most interesting men in the history of the English Bench.’