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Continuity and Change

By: Lord Dyson
Media of Justice
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Published: 08-02-2018
Format: Hardback
Edition: 1st
Extent: 488
ISBN: 9781509918805
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £35.00
Online price : £31.50
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Loren Epson

About Justice

This selection of essays, speeches and personal reflections, draws on the analysis of one of the leading lawyers of a generation. Lord Dyson as Master of the Rolls and Head of the Civil Justice System oversaw a period of reform of both law and legal process. This collection discusses some key themes of, and challenges faced during, his tenure as one of the most senior lawyers in England and Wales. Through these insightful, engaging and compelling pieces, a picture emerges of a robust system of law whose core values can be plotted back to the Magna Carta, but which is flexible enough to respond to current changes without fracturing. A truly compelling exploration of continuity and change in the law by one of its key jurists.

Table Of Contents

Part I: Reflections on the Common Law and the Power of Judges
1. Criticising Judges: Fair Game or Off-limits?
2. Academics and Judges
3. Are the Judges Too Powerful?
4. Magna Carta and Compensation Culture
5. Does Judicial Review Undermine Democracy?
6. Liability of Public Authorities in Negligence
7. The Shifting Sands of Statutory Interpretation
8. Time to Call it a Day: Some Reflections on Finality and the Law
9. The Globalisation of Law
10. Recent Developments in Commercial Law Conference
11. The Contribution of Construction Cases to the Development of the Common Law
Part II: Human Rights
12. What is Wrong with Human Rights?
13. Human Rights in an Age of Terrorism
14. Religion and the Law: Some Current Problems
15. The Extraterritorial Application of the European Convention on Human Rights: Now on a Firmer Footing, But is it a Sound One?
Part III: Magna Carta and the Rule of Law
16. Magna Carta-Liberties, Customs and the Free Flow of Trade
17. Delay Too Often Defeats Justice
18. Magna Carta and Religion
19. Runnymede
20. Advocates as Protectors of the Rule of Law
Part IV: Access to Justice and Civil Procedure
21. Litigators-Survive and Thrive
22. The Jackson Reforms and Civil Justice
23. Sharpening the Public Gaze: Advances in Open Justice in England and Wales
24. Threats to Justice in the Twenty-first Century
25. Halsey 10 Years On-The Decision Revisited
26. Arbitration versus Litigation
27. Arbitration After Brussels I Reform
Part V: Personal
28. School Speech Day
29. How My Classical Education Has Affected My Life
30. Valedictory
Part VI: Epilogue
31. Changes in the Law in the Last 50 Years


“[A] truly excellent and delightful work. This is a veritable feast of John's lectures.” –  The Right Honourable Lord Briggs of Westbourne, The Middle Templar Magazine

“The conception of justice pursued by Lord Dyson to navigate the line between continuity and change is one based on rigorous, close and precise analysis of the legal issues before him... Justice: Continuity and Change showcases a demonstrably strong approach to the judicial role across a rich spectrum of law in this jurisdiction and others.” –  Peter Sibley, Cambridge Law Journal

“The overall approach seems to be an openness to cautious incrementalism, and a willingness to defend decisions the particular judge thinks fall on the right side of the line for development: sometimes continuity, sometimes change... These collections provide an opportunity to understand and engage with the whats, whys and wherefores of the judicial role at a time of evolution for the judiciary and the law.” –  James Lee and Simon Lee, The Dickson Poon School of Law, King's College London and The Open University, Milton Keynes, Legal Studies

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