Tom Bingham the Rule of Law Review

It investigates the US and British invasion of Iraq in 2003 and concludes that it violates the rule of law. This discussion is still relevant today, especially given the ongoing conflict in the Middle East, so the book is ideal for understanding what the law has to say on this topic. Old-fashioned policing was probably more effective than anything else in fending off domestic terrorism in Britain. In contrast, and in agreement with many other academics and jurists, Bingham argues that fighting fire with fire means doing the work of terrorism for him by sacrificing the rule of law itself, with its underlying respect for human rights that makes our society worth defending. The bulk of the book is then devoted to an in-depth examination of these principles, while the final part deals with the impact of terrorism and parliamentary sovereignty on the rule of law. Finally, his examination of parliamentary sovereignty and the rule of law concludes that these are somewhat unfortunate fellow travellers, because he believes that no parliament can pass laws that violate the rule of law. The book begins with a historical background on the rule of law and Lord Bingham`s own working definition of the concept, which divides it into eight principles: The Rule of Law is an ideal law book for those who wouldn`t think of reading a book on law. Lord Bingham gives a very modern and sometimes amusing point of view, and I particularly liked the suggestion that what Lord Bingham describes as “the legislative hyperactivity that seems to have become a permanent feature of our governance” must be tamed for the law to be understandable. Lord Justice Sedley commented in a review in the Guardian that Lord Bingham`s short book reads: The point of greatest pressure is, of course, terrorism. Have the rules of the game changed since 9/11, as Tony Blair claimed? And if so, are they now allowing the indiscriminate invasion of enemy states, the torture of prisoners and indefinite detention without trial? Bingham`s answer, a resounding no, is perhaps the most convincing part of his book, for here he invokes and destroys in scientific detail the reasons for Britain`s participation in Bush`s illegal attack on Iraq, and describes what that country`s courts did (he does not mention that it was mainly under his direction) to uphold the rule of law in the face of ministerial and legislative attacks. against him. The difficulties of the definition are evident if one stops at the original thesis that the rule of law is simply public administration and justice governed by properly enacted laws – although even that seems to have escaped Richard Nixon, who told David Frost: “If the president does it, it means it`s not illegal.” Both the Nazi Nuremberg laws and the South African apartheid laws passed the formal constitutional test. So you need to add at least two additional items.

Tom Bingham was a senior legal lord and therefore an expert in his field, but the reason I liked this book so much was because it made law and the history of law accessible to someone who had never studied it before. The book begins with a brief legal history, which I found to be the most interesting section of the book. It examines important legal documents and milestones since the 13th century and explains their importance for establishing the “rule of law” in today`s world. I had heard of the Magna Carta and the Bill of Rights, but I never knew exactly what they entailed! The second half of the book deals with key principles such as the right to a fair trial and the protection of human rights, which gave me an excellent insight into the legal and political system in the UK and beyond. In explaining the ultimate principle, respect for international law, Bingham places the rule of law on the world stage and discusses war as “a fundamental concern of international law.” Chapter 12 of the book deals with the second pillar of the British Constitution, parliamentary sovereignty, and discusses its sometimes argued incompatibility with the rule of law. As a law student, I found this chapter extremely interesting and was looking forward to seeing some of the key topics covered in more detail in this chapter. I had the feeling that it seemed perhaps a little out of place, or at least a strange way to conclude a short introductory book – to introduce another constitutional principle. I thought this chapter would have been a better introduction to another book dealing with this problem. Nevertheless, Lord Bingham`s aim was perhaps to subtly alert us to a possible criticism of the rule of law just to defend it! In a world divided by differences of nationality, race, color, religion and wealth, it [the rule of law] is one of the greatest unifying factors, perhaps the greatest, closest to a universal secular religion. The book, originally inspired by the sixth Sir David Williams lecture of the same name, given by Lord Bingham at Cambridge University, is carefully transmitted in three parts. The first part is divided into two chapters, the first of which is a general introduction to the importance of the rule of law and an explanation of its importance.

Lord Bingham introduces those who were the first to refer to the concept of the rule of law, mentions Aristotle, John Locke, and highlights some of the salient points and criticisms of Diey`s introduction to the study of constitutional law, which was previously the most quoted text on the subject of the rule of law. You can recognise this as an improvement in the rule of law or condemn it as judicial supremacy, depending on whether or not you agree with the content of what the courts have done, for example, by introducing abortion rights in the United States or prioritising freedom of expression over a level playing field in Australia. An overview of the historical milestones behind the rule of law seems somewhat out of place for the rest of this study, but is limited to a chapter that some readers may want to skip. The second part of the book is really the heart of it: it is the moment on Mount Sinai when the commandments are received, the laying of the eight commandments of justice.