The Unity of Law

Permissions Note
Contents
The Author
Introduction
The Common Law
	The Unity of Law – Or the Dangers of Over-Specialisation
	Law as a System of Values
	First Impressions of a New Court of Appeal Judge
	Keynote Speech to the Criminal Bar Association Conference
		Introduction
		Substantive Criminal Law
		The Jury
		Directions to the Jury
		The Evidence of Children
		Equality and Diversity
		Concluding Remarks
	Common Law, Common Heritage? Some Reflections on Anglo-American Law
		Introduction
		Trial by Jury
		Criminal Law
		The Right to Privacy
		Judicial Review
		Conclusion
	Antigone's Law
		Introduction
		Wonders Are Many
		The Tree That Is Willing to Bend
		A Higher Law
		Civil Disobedience
		Natural Law versus Positive Law
		The Law of Humanity
		After Antigone
Public Law
	Judicial Review and the Rule of Law
	Divided by a Common Language: American and British Perspectives on Constitutional Law
		Introduction
		Some History
		The Right to Freedom of Speech
		Judicial Appointments and Independence
		Concluding Remarks
	Interpreting Bills of Rights
		Introduction
		Comparative Perspectives
		The HRA 1998
	Tribute for Lord Steyn
Human Rights
	The Development of Human Rights Thought from Magna Carta to the Universal Declaration of Human Rights
	The Moral Force of the United Kingdom's Human Rights Act
	The Place of the Human Rights Act in a Democratic Society
		The Political and Philosophical Background to the Relationship Between Fundamental Human Rights and Democracy
		The Principles in the Case-Law of the European Court of Human Rights on the Relationship Between Democracy and Human Rights
		The Human Rights Act: A Democratic Bill of Rights
	What is a 'Democratic Society'?
		Introduction
		The Right to Vote
		The Right to Freedom of Expression
		The Rights of Minorities – and the Rights of a Minority Within a Minority
		Conclusion
Equality
	Equality: The Neglected Virtue
	Racial Equality and the Law
		Introduction
		Constantine v Imperial Hotels Ltd
		The American Experience
		Legislation in the UK
		Conclusion
	Religion and the Law
Privacy and National Security
	Privacy and Personal Autonomy
		Introduction
		The Common Law
		Statutory Protection of Privacy
		European Convention on Human Rights (ECHR)
		The Human Rights Act
		Conclusion
	Privacy and the Media After the Human Rights Act
		Introduction
		Extra-judicial Remarks
		What the European Convention on Human Rights Requires
		The Human Rights Bill
		Proposed Amendments from Lord Wakeham
		Conclusion
	Holding the Balance: National Security, Civil Liberties and the Role of the Investigatory Powers Tribunal
		Some History
		The Impact of the European Convention on Human Rights ('ECHR')
		The Origins and History of the IPT
		Hearings in Private or Public?
		Is the Tribunal Part of the Tribunal System?
		The Role of Counsel to the Tribunal
		The Decision of the European Court of Human Rights in Big Brother Watch UK v United Kingdom
		The 2018 Procedure Rules
		Statutory Regulation of the Intelligence Agencies
	Fairness and National Security
		Introduction
		The Usual Features of a Fair Hearing
		The Importance of Fairness
		Some History
		The Different Ways in Which the Law Has Responded to National Security Issues
		Closed Material Procedures and Civil Litigation
		Conclusion
International Law
	The Use of International Law in the Domestic Courts of the United Kingdom
		Introduction
		The Proper Place of International Law in UK Domestic Law
		Justiciability
		The Future
		Why Does International Law Matter in the Present Context?
	'We Have it in Our Power to Begin the World Over Again': The Contribution of Lauterpacht and Jackson to the Post-War Legal Order
		Introduction
		The Early Life of Lauterpacht
		The Early Life of Robert H Jackson
		Some of Justice Jackson's Famous Judgments
		The First Meeting between Lauterpacht and Jackson
		Further Meetings between Lauterpacht and Jackson
		Human Rights
		Conclusion
	Epilogue: The Nature of the Judicial Process 100 Years on
Index