Lord Sumption and the Limits of the Law

A Note on the Cover
Foreword: Beyond the Limits
Acknowledgements
Table of Contents
List of Contributors
1.
Introduction
2.
The Limits of Law
3.
Sumption's Assumptions
	I
	II
	III
	IV
	V
	VI
	VII
4.
Living Trees or Deadwood: The Interpretive Challenge of the European Convention on Human Rights
	I.
Originalism or the Intention of the Drafters
	II.
Textualism
	III. The 'Living Tree'
or Evolutionary Approach
	IV.
Conclusion
5. Judges, Interpretation and  Self-Government
6. Judicial Law-Making and the 'Living'  Instrumentalisation of the ECHR
	I.Don't
Judges Make Law Anyway?
	II.
How Admirable?
	III.
Living Instruments
	IV.
Overreach and Irrationality: Hirst (No 2) and Scoppola
	V. Unreasonably Extending Article 3 as an  Absolute: Soering, Saadi and Hirsi Jamaa
	VI.
Summing Up
7.
The Role of Courts in the Joint 
Enterprise of Governing
	I.
Polycentricity and Other False Starts
	II.
The Role of the Courts: Partners in a Joint Enterprise
	III.
Political Questions and Institutional Design
	IV.
Conclusion
8. Three Wrong Turns in Lord Sumption's
Conception of Law and Democracy
	I.
Law, Politics and Judicial Law-Making
	II.
The Concept of Democracy23
	III.
The Place of Polycentricity
9. The Human Rights Act and 'Coordinate Construction': Towards a 'Parliament Square'
Axis for Human Rights?
	I.
Functional Separation of Powers 
and the Human Rights Act
	II.
Studies in Conflict Resolution
	III.
Towards a Parliament Square Axis?
10.
Limits of Law: Reflections from 
Private and Public Law
	I.
Introduction
	II.
Private Law: Normative Judgment and Balancing
	III.
Public Law: Normative Judgment and Balancing
	IV.
Normative Judgment and Balancing: Reflections
	V.
Conclusion
11. The Limits of Lord Sumption:
Limited Legal Constitutionalism  and the Political Form of the ECHR
	I.
The Limitations of Lord Sumption's Limited  Legal Constitutionalism
	II.
Political Constitutionalism and the Democratic 
Dependence of Courts
	III.
The Democratic Constitution of International Courts
	IV.
The Political Constitution of the ECHR
	V.
Conclusion
12.
A Response
Index