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Justice: Continuity and Change

Autor Lord Dyson
en Limba Engleză Hardback – 7 feb 2018
This selection of essays, speeches and personal reflections, draws on the analysis of one of the leading lawyers of a generation. Lord Dyson as Master of the Rolls and Head of the Civil Justice System oversaw a period of reform of both law and legal process. This collection discusses some key themes of, and challenges faced during, his tenure as one of the most senior lawyers in England and Wales. Through these insightful, engaging and compelling pieces, a picture emerges of a robust system of law whose core values can be plotted back to the Magna Carta, but which is flexible enough to respond to current changes without fracturing. A truly compelling exploration of continuity and change in the law by one of its key jurists.
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Specificații

ISBN-13: 9781509918805
ISBN-10: 1509918809
Pagini: 488
Dimensiuni: 156 x 234 x 35 mm
Greutate: 0.89 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Lord Dyson's thoughtful, provoking and insightful reflections on the nature of justice will appeal to legal historians and also a general readership.

Notă biografică

Lord Dyson was a Justice of the UK Supreme Court from 2010 until 2012 and the Master of the Rolls and Head of the Civil Justice System in England and Wales from 2012 until 2016.

Cuprins

Part I: Reflections on the Common Law and the Power of Judges1. Criticising Judges: Fair Game or Off-limits? 2. Academics and Judges 3. Are the Judges Too Powerful? 4. Magna Carta and Compensation Culture 5. Does Judicial Review Undermine Democracy? 6. Liability of Public Authorities in Negligence 7. The Shifting Sands of Statutory Interpretation 8. Time to Call it a Day: Some Reflections on Finality and the Law 9. The Globalisation of Law 10. Recent Developments in Commercial Law Conference 11. The Contribution of Construction Cases to the Development of the Common Law Part II: Human Rights12. What is Wrong with Human Rights? 13. Human Rights in an Age of Terrorism 14. Religion and the Law: Some Current Problems 15. The Extraterritorial Application of the European Convention on Human Rights: Now on a Firmer Footing, But is it a Sound One? Part III: Magna Carta and the Rule of Law16. Magna Carta-Liberties, Customs and the Free Flow of Trade 17. Delay Too Often Defeats Justice 18. Magna Carta and Religion 19. Runnymede 20. Advocates as Protectors of the Rule of Law Part IV: Access to Justice and Civil Procedure21. Litigators-Survive and Thrive 22. The Jackson Reforms and Civil Justice 23. Sharpening the Public Gaze: Advances in Open Justice in England and Wales 24. Threats to Justice in the Twenty-first Century 25. Halsey 10 Years On-The Decision Revisited 26. Arbitration versus Litigation 27. Arbitration After Brussels I Reform Part V: Personal28. School Speech Day 29. How My Classical Education Has Affected My Life 30. Valedictory Part VI: Epilogue31. Changes in the Law in the Last 50 Years

Recenzii

[A] truly excellent and delightful work. This is a veritable feast of John's lectures.
The conception of justice pursued by Lord Dyson to navigate the line between continuity and change is one based on rigorous, close and precise analysis of the legal issues before him... Justice: Continuity and Change showcases a demonstrably strong approach to the judicial role across a rich spectrum of law in this jurisdiction and others.
The overall approach seems to be an openness to cautious incrementalism, and a willingness to defend decisions the particular judge thinks fall on the right side of the line for development: sometimes continuity, sometimes change... These collections provide an opportunity to understand and engage with the whats, whys and wherefores of the judicial role at a time of evolution for the judiciary and the law.