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Lord Sumption and the Limits of the Law

Lord Sumption and the Limits of the Law

作者： Nicholas Barber; Richard Ekins; Paul Yowell
出版商： Hart Publishing
ISBN: 9781509922055
出版时间 May 2018
规格： Paperback
适应领域： U.K. ? 免责申明：
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In Lord Sumption and Human Rights 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’, and, spurred on by this, the contributors discuss 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 paper engaging with the responses to his lecture.
1. Introduction - NW Barber, Richard Ekins and Paul Yowell
2. The Limits of Law - Lord Sumption
3. Sumption ’ s Assumptions - Martin Loughlin
4. Living Trees or Deadwood: The Interpretive Challenge of the European Convention on Human Rights - Sandra Fredman
5. Judges, Interpretation and Self-Government - Lord Hoffmann
6. Judicial Law-Making and the ‘ Living ’ Instrumentalisation of the ECHR - John Finnis
7. The Role of Courts in the Joint Enterprise of Governing - Aileen Kavanagh
8. Three Wrong Turns in Lord Sumption ’ s Conception of Law and Democracy - Jeff King
9. The Human Rights Act and ‘ Coordinate Construction ’ : Towards a ‘ Parliament Square ’ Axis for Human Rights? - Carol Harlow
10. Limits of Law: Refl ections from Private and Public Law - Paul Craig

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