Democracy Through Law

Contents: Introduction. Theory and Practice: A common bond; Does legal formalism hold sway in England?; Pepper v Hart: a re-examination; The intractable problem of the interpretation of legal texts; Dynamic interpretation amidst an orgy of statutes; The role of the bar, the judge and the jury: winds of change; The value of dissenting judgments: Fisher v Minister of Public Safety and Immigration [1998] AC673, 686. Constitutional Law and Public Policy: The weakest and least dangerous department of government; The case for a supreme court; Creating a supreme court; Democracy through law; Constitutional principle in action: R (Anufrijeva) v Secretary of State for the Home Department [2004] 1 AC604, 618. Human Rights Law: Human rights: the legacy of Mrs Roosevelt; The case of Augusto Pinochet: a breakthrough: R. v Bow Street Metropolitan Stipendiary Magistrate Ex parte Pinochet Ugarte [2002] 1 AC 61, 111; The new legal landscape; The ethos of the European Convention on Human Rights: Brown v Stott [2003] 1 AC 681, 706; The centrality of the right to a fair trial as a human rights norm. Humanitarian Law: Guantanamo Bay: the legal black hole. Contract and Tort Law: The role of good faith and fair dealing in contract law: a hair - shirt philosophy?; Contract law: fulfilling the reasonable expectations of honest men; Written contracts: to what extent may evidence control language?; A kind of Esperanto?; Perspectives of corrective and distributive justice in tort law; Immunity of suit of advocates: Arthur J.S. Hall Co. v Simons [2002] 1 AC615, 675. Arbitration: England's response to the UNCITRAL model law of arbitration. Westminster Abbey: Address at memorial service for the Rt Hon The Lord Williams of Mostyn QC 20 January 2004; Name index.