British judges increasingly now pay attention to foreign case law when deciding domestic cases, and are required to interpret and apply international law in domestic courts and administer an international code of human rights. Tom Bingham examines the consequences of this increasingly internationalist outlook of British courts, including cases which rely on a range of foreign cases, cases where an international convention or principle is interpreted and cases in which human rights cases are decided in reliance on principles established elsewhere.
British judges increasingly now pay attention to foreign case law when deciding domestic cases, and are required to interpret and apply international ...
When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective considering the property theory of John Locke and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view associated with the 'World Bank model' of investor expectations that a society which fails to protect property rights against legislative restriction is...
When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron expl...
The British justice system is an ancient one that has continually evolved to meet modern needs. In this set of three essays, originally presented as the Hamlyn lectures in 2012, Jack Straw reviews some of the most important recent reforms to the system of British justice and suggests key areas in need of further reform. He focuses in particular on the criminal courts, human rights, judicial appointments and the relationship between the UK Parliament, the domestic courts and the European Court of Human Rights. In all three cases, he argues that the British justice system is now in a healthier...
The British justice system is an ancient one that has continually evolved to meet modern needs. In this set of three essays, originally presented as t...
Paul Craig's analysis of UK, EU and global administrative law examines the challenges facing each system and reveals the commonalities in and differences between their foundational assumptions. The challenges which they face may be particular to that legal order, endemic to any legal system of administrative law or the result of interaction between the three systems. The inter-relationship between the three levels is important. The legal and practical reality is that developments at one level can have an impact on the other two. Legal doctrine fashioned at the national level may therefore...
Paul Craig's analysis of UK, EU and global administrative law examines the challenges facing each system and reveals the commonalities in and differen...