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Lord Sumption and the Limits of the law / edited by Nicholas Barber, Richard Ekins and Paul Yowell.
- Format:
- Book
- Series:
- Hart studies in constitutional law ; v. 5.
- Hart studies in constitutional law ; v. 5
- Language:
- English
- Subjects (All):
- Sumption, Jonathan. Limits of the law--Congresses.
- Sumption, Jonathan.
- European Court of Human Rights--Congresses.
- European Court of Human Rights.
- Judge-made law--Congresses.
- Judge-made law.
- Judicial power--Congresses.
- Judicial power.
- Political questions and judicial power--Congresses.
- Political questions and judicial power.
- Physical Description:
- 1 online resource (249 p.)
- Place of Publication:
- Oxford ; Portland, Oregon : Hart Publishing Ltd, 2016.
- Summary:
- "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', 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 chapter engaging with the responses to his lecture."--Bloomsbury Publishing.
- Contents:
- Foreword : beyond the limits
- Timothy Endicott
- Introduction
- Nick Barber, Richard Ekins and Paul Yowell
- The limits of law
- Lord Sumption
- Sumption's assumptions
- Martin Loughlin
- Living trees or deadwood : the interpretive challenge of the ECHR
- Sandra Fredman
- Judges, interpretation and self-government
- Lord Hoffmann
- Judicial law-making and the "living" instrumentalisation of the ECHR
- John Finnis
- The role of courts in the joint enterprise of governing
- Aileen Kavanagh
- Three wrong turns in Lord Sumption's conception of law and democracy
- Jeff King
- The human rights act and "coordinate construction" : towards a "parliament square" axis for human rights?
- Carol Harlow
- Limits of law : reflections from private and public law
- Paul Craig
- The limits of Lord Sumption: limited legal constitutionalism and the political form of the ECHR
- Richard Bellamy
- A response
- Lord Sumption.
- Notes:
- "This volume arises out of a conference held in the University of Oxford in October 2014."
- Includes full text of lecture "The limits of the law", originally presented as the 27th Sultan Azlan Shah Lecture, Kuala Lumpur, Nov. 20, 2013.
- Includes bibliographical references and index.
- ISBN:
- 9781474203005
- 1474203000
- 9781509902163
- 1509902163
- OCLC:
- 932463261
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