Lord Sumption and the Limits of the Law

by Richard Ekins (Editor), Paul Yowell (Editor), NW Barber (Editor)

Overview

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', which grounds a wide-ranging discussion of 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 commentary on the responses to his lecture.

Product Details

ISBN-13:	9781509902170
Publisher:	Bloomsbury Publishing
Publication date:	02/25/2016
Series:	Hart Studies in Constitutional Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	248
File size:	537 KB

About the Author

NW Barber is a Fellow of Trinity College, Oxford; Richard Ekins is a Fellow of St John's College, Oxford; and Paul Yowell is a Fellow of Oriel College, Oxford.
Richard Ekins is Associate Professor of Law, University of Oxford.
Paul Yowell is Associate Professor of Law at the University of Oxford, and the Benn Fellow and Tutor in Law at Oriel College, Oxford.


Photo courtesy of Faculty of Law, University of Oxford.
NW Barber is Associate Professor of Constitutional Law, University of Oxford.

Table of Contents

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: Reflections from Private and Public Law
Paul Craig
11. The Limits of Lord Sumption: Limited Legal Constitutionalism and the Political Form of the ECHR
Richard Bellamy
12. A Response
Lord Sumption

Editorial Reviews

"...this is a stimulating and provocative book. The informed and penetrating discussion of the issues will be of great interest to lawyers generally, particularly to those concerned with public law." --Hong Kong Law Journal

"Distinguished public lawyers, mostly from Oxford, reflect on Lord Sumption's ideas. The resulting volume is a rich feast of disagreements... [The] commentary advances the human rights debate at a time when the continuation of the 1998 constitutional settlement is no longer assured." --Law Quarterly Review

From the Publisher