TOM BINGHAM AND THE TRANSFORMATION OF THE LAW. Ed by Mads Andenas and Douglas Fairgrieve Oxford: Oxford University Press (www.oup.com), 2009. lxxii + 892 pp. ISBN 9780199566181. £95.
| Published date | 01 May 2010 |
| Author | Chris Himsworth |
| Date | 01 May 2010 |
| Pages | 328-329 |
| DOI | 10.3366/elr.2010.0009 |
The recent intervention by Lord Bingham of Cornhill on the future of the House of Lords and his preference for its abolition and replacement by a largely advisory council demonstrate his determination to continue to play a leading role in the public life of the United Kingdom since demitting office as Senior Law Lord in July 2008. This
It is massive, running to nearly 900 pages. Together with a brief tribute by Lord Phillips of Worth Matravers (now President of the Supreme Court) and a biographical sketch (strangely, perhaps, of “The Early Years” only) by Sir Ross Cranston, the book contains some 51 separate chapters, many substantial. It draws together an array of the judicial, academic and practising great and good (from the United Kingdom, Europe, the Commonwealth and the United States) to provide an impressive range of writing on matters of contemporary legal concern. The book is loosely arranged in five parts: (i) the rule of law and the role of the law; (ii) the independence and organisation of courts; (iii) European and international law in national courts; (iv) commercial law and globalisation; and (v) comparative law in the courts. Many, but by no means all, of the essays adopt the judgments and other writings of Lord Bingham into their arguments. Others contain tributes to his work or affectionate recollections – such as those of Brian Simpson on his judicial reasoning and craftsmanship, Baroness Hale on a “supreme judicial leader”, Dame Sian Elias with an appreciation from New Zealand, and former Chief Justice Gleeson of the Australian High Court on clarity. Some contributions are republished earlier work – for example John Bell on the Swedish judiciary, Justice Stephen Breyer on economic reasoning and judicial review, and Jane Stapleton on comparative tort reasoning. Four essays are published in French, including some interesting comparative insights in “Le Conseil d'Etat, so British” (President Stirn) and on the ECHR and its implementation (Conseiller Costa and Patrick Titiun, and Conseiller Dutheillet de Lamothe). More broadly, what the book has provided, partly through the invitation to draw inspiration from the work of Lord Bingham himself but partly...
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