Lord Sumption And The Limits Of The Law

Author: Nicholas Barber
Publisher: Bloomsbury Publishing
ISBN: 1509902163
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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: 18.93 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: 73.88 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 Rise And Fall Of The European Constitution

Author: Nicholas Barber
Publisher:
ISBN: 9781509910984
Size: 62.46 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.

Common Law And Modern Society

Author: Mary Arden
Publisher: Oxford University Press
ISBN: 0198755848
Size: 38.97 MB
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Law is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law. The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution. The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law. The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people. Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.

Public Law Adjudication In Common Law Systems

Author: John Bell
Publisher: Bloomsbury Publishing
ISBN: 1849469938
Size: 63.92 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.

Parliament And The Law

Author: Alexander Horne
Publisher: A&C Black
ISBN: 1782252592
Size: 60.59 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

Mr Justice Mccardie 1869 1933

Author: Antony Lentin
Publisher: Cambridge Scholars Publishing
ISBN: 1443878642
Size: 47.27 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.’

Justice For Hedgehogs

Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674071964
Size: 26.56 MB
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In Dworkin’s master work, the central thesis is that all areas of value depend on one another. This is one, big thing that the hedgehog knows, in contrast to the fox, who knows many little things. Dworkin’s understanding of the relationship—between ethics, morality, and political morality—is significantly revised and also greatly elaborated. He argues that “dignity” is the essential core of living well and that a satisfactory account of dignity would, in turn, point to two principles. The first states that it is objectively important that each person’s life go well; and the second that each person has a special responsibility for identifying what counts as success in his or her own life. Dworkin believes that values cohere and that in order to defend that coherence he has to take up a broad variety of philosophical issues that are not normally treated in one book. He discusses the metaphysics of value, the character of truth, the nature of interpretation, the conditions of agreement and disagreement, the phenomenon of moral responsibility and the problem of free will as well as more substantive issues of ethical, moral and legal theory.

The Dynamic Constitution

Author: Richard H. Fallon, Jr
Publisher: Cambridge University Press
ISBN: 113961987X
Size: 29.10 MB
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In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, 2nd edition, combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics.