The Rule of Law
Thomas Henry Bingham, Baron Bingham of Cornhill
A clear explanation of the rule of law that approaches the principle from historical and philosophical angles, outlining the judiciary, civil liberty, and the relation between law and power.
Work Information
A clear explanation of the rule of law that approaches the principle from historical and philosophical angles, outlining the judiciary, civil liberty, and the relation between law and power.
Book Information
- Publisher
- Penguin Global
- Published
- 2010-06-16
- Pages
- 224 pages
- Language
- 英語
- Size
- 14.61 x 1.91 x 22.23 cm
- ISBN-13
- 9781846140907
- ISBN-10
- 1846140900
- Price
- 3058 JPY
- Category
- 洋書/Nonfiction/Law
'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Tom Bingham, 'the most eminent of our judges' (Guardian), held office successively as Master of the Rolls, Lord Chief Justice of England and Wales and Senior Law Lord of the United Kingdom. He became a life peer, as Baron Bingham of Cornhill in the County of Powys, on becoming Lord Chief Justice in 1996. In 2005 he was appointed a Knight of the Garter, the first professional judge to be so honoured. He retired in 2008, and in the same year was elected by the Institut de France as the first winner of the Prize for Law awarded by the Alexander S. Onassis Public Benefit Foundation.
Reviews
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Un regard et une étude de la philosophie du droit anglais qui faut absolument lire
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Not only for law student but anyone. It's a nice book if you want to understand what exactly is "Rule of law". Has a nice content, short yet detailed. It's a small book not that big one, but a nice one.
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For anyone who needs a succinct, authoritative overview of what is The Rule Of Law, and how it came to be. Clear, very interesting, superbly well-written and absolutely no-nonsense. By one of our greatest experts in the fields of models of governance. Very highly recommended.
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The book ‘The Rule of Law’ was written by the eminent British judge Tom Bingham, KG, PC, FBA and a former Master of the Rolls, Lord Chief Justice and Senior Law Lord in the United Kingdom. The book was published in 2010 and posthumously won the 2011 Orwell Prize for literature. It contains 196 pages (eBook version) in 12 chapters written across 3 parts, dealing with the complex issue relating to the meaning of ‘The Rule of Law.’ Tom Bingham effortlessly communicates his thoughts regarding ‘The Rule of Law’ throughout the book to the reader. A skill he undoubtedly developed through writing numerous essays during his lifetime. So, whether you possess legal training or not the book is not over complicated to read by the use, of legalise. Because, of his writing skill and clarity there are no-misunderstandings contained within the detailed and informative text. By not over complicating the subject matters he is discussing by prolixity; (using too many words unnecessarily). He is extremely critical against prolixity when it is used in legislation and case judgments, therefore, making them difficult to read and understand. Although, this book was written several years ago, it has not lost any of its legal relevance in the UK today. In fact, in chapter 12 relating to ‘The rule of law and sovereignty of parliament’. The book may have foreseen the Supreme Court cases involving Gina Miller and the UK government, with the book stating that, although parliament may legislate any way that it wishes, any laws it may pass must constitutionally be within ‘The Rule of Law.’ As one would expect from any legal writing the book is fully supported by numerous pieces of factual evidence. These statements are constantly referenced in the (eBook version) by superscript hyperlinks to the books notes page when necessary. The book is more than give a historical record of extremely important legal events, such as the Magna Carter (1215). It also demonstrates the significance of King Henry 1 (1100) coronation oath, something that all subsequent Kings and Queens of England, and the United Kingdom have undertaken on their inaugurations. The book also contains relevant information relating to other historically important legal documentation, such as the Petition of Rights (1628) and Bill of Rights (1689). The book validates the importance of human rights and the right to a fair alongside many other different legal subjects, with enough detail to explain how ‘The Rule of Law’ is applicable to them. Throughout the book the much-learned Tom Bingham, shows his legal knowledge, by informing the reader on different legal aspects a subject may have. For example, when he discusses terrorism, he clearly explains the different legal approaches undertaken by the USA and UK after 9/11 in 2001. He also conveys his thoughts regarding the legitimacy, of the 2003. In conclusion, this is an extremely well written and informative book that I would highly recommend to anyone that is interested in understanding how ‘The Rule of Law’ works and is applied within numerous legal areas in relation to everyone’s day-to-day life.
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Everyone should read this book. Everyone. And then make sure they hold our politicians up to its standards.
Related Literary Awards
- Orwell Prize Edition 18 (2011) ・Winner