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Vol 23 No 5 May/June 2018

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Lord Sumption and the Limits of the Law

Edited by: Nicholas Barber, Richard Ekins, Paul Yowell

ISBN13: 9781849466943
Published: January 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00
Paperback edition , ISBN13 9781509922055

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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 paper engaging with the responses to his lecture.

Human Rights and Civil Liberties
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