자료유형 | 단행본 |
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서명/저자사항 | Power of persuasion : essays by a very public lawyer/ Sir Louis Blom-Cooper QC. |
개인저자 | Blom-Cooper, Louis,1926- author. |
형태사항 | 1 online resource. |
기타형태 저록 | Print version: Blom-Cooper, Louis. Power of Persuasion : Essays by a Very Public Lawyer. London : Bloomsbury Publishing, ?015 9781849468169 |
ISBN | 9781782257295 1782257292 |
서지주기 | Includes bibliographical references and index. |
내용주기 | Cover; Half-title; Title; Copyright; Foreword; Contents; Introduction; Part I: Public Law: Judicial and Judicious Review; 1 The Scope of Judicial Review and the Rule of Law: Between Judicial Restraint and Judicial Creativity; An Essay on the British Constitution; Parliamentary Sovereignty and the Separation of Powers; Activism or Creativity?; Judicial Restraint; Judicial Intervention; Annex; 2 Judicial Review: its Genesis and Growth Post-1977; 3 Judges in Public Inquiries, Redivivus; The Inquiry System; Public Administration. 4 The Road to Rome and Strasbourg via San Francisco: the Genesis of Human RightsThe Nature of the European Court of Human Rights; Dialogue; Conclusion; 5 Towards a Legal Forum of the Isles; Separation and Devolution; Part II: Crime and Justice; 6 A Calendar of Murder: the Causes of Unjustifiable Homicide; 7 Towards a New Homicide Act; Introductory; The concept of the 'sanctity of life' in the context of law; The argument for a return to a single offence of criminal homicide: our rejoinder to its rejection; Degrees of murder and the mandatory penalty; Conclusion. The Argument of Sir Louis Blom-Cooper and Professor Terence Morris8 The Penalty for Murder: Life after Death; Introduction; The Politics of Abolition; The Role of the Judiciary; Life after Death; Whole-life Orders: ECHR and UK; The Future Penalty; 9 The Apotheosis of Amateurism; Some Criticisms of the Jury System; The History of the Jury; The Future of Trial by Jury; 10 English Juries on Trial; 11 The Ambit of Innocence; The Presumption of Innocence; Factual and Legal Innocence; 12 'Consuming Your Own Smoke'; 13 Crime and Justice: a Shift in Perspective; Criminal Justice and Crime Control. The Interests of the VictimAlt ernat ive Systems of Criminal Justice; 14 The Magistracy -- a Professional Court?; 15 Serious Fraud Offences: Whither Their Trial?; History; Serious Fraud Offences; The 2007 Debate; Post-2007; Waiver of Jury Trial; Conclusion; 16 James Hanratty: a Vindicatory View; 17 An Advocate's Tale; At First Instance; On Appeal; 18 Criminal Justice on Trial; 19 Victims Adrift; Part III: Penal Affairs; 20 The Whys and Wherefores of Penal Policy; 21 Community Service: Penological Progress; 22 Prisoners' Right to Vote; 23 Dangerousness; Protective Sentencing; Release on Licence. The Membership of the Parole BoardPart IV: Media Law; 24 Press (Media) Freedom: Constitutional Right or Cultural Assumption?; The 'Fourth Estate'; Family Courts; The Journalist; Conclusion; 25 The Jurisprudence of Privacy; The Meaning of 'Privacy'; Intrusion Upon Seclusion; Public Interest Test; Conclusion; 26 Media Freedom: a New Concept in Free Speech; 27 Censors in the Courtroom; Coda; 28 The Historical Background to Self-Regulation of the Press; Chairmanship; The Natiomal Union of Journalists (NUJ); The Chairmanship in May 1988; Funding; Membership; Code of Conduct. |
요약 | "Over the years of the developing judicial review of ministerial and governmental decisions, Louis Blom-Cooper was a leading advocate who grew up with the advent of a distinctive brand of public law. His range of public activities, both inside and out of the courtroom, saw him dubbed by his colleagues as a polymath practitioner. They included chairmanship of plural public inquiries in child abuse and mental health, media contributions and innovation in penal reform. This book is a collection of his essays, prefaced by a self-examination of his unorthodox philosophy towards the law in action. It covers a variety of socio-legal topics that express his ambition to inform the public on the workings of the legal system. This involves a discussion of the history of Britain's unwritten and, in the author's view, insufficiently interpreted constitution. It reflects a commitment to the European Convention on Human Rights and portrays its international origins. It also opines on crime and punishment in the functioning of the courts and elsewhere, and the political shift from the penal optimism of the 1970s to the reactionary punitiveness of the post-1990s. The essays conclude with a miscellany of affairs, reflecting on professional practices and the author's judicial heroes Lord Reid and Lord Bingham."--Bloomsbury Publishing. |
주제명(지명) | Great Britain. --fast |
일반주제명 | Constitutional law --Great Britain. Rule of law --Great Britain. LAW --Essays. LAW --General Practice. LAW --Jurisprudence. LAW --Paralegals & Paralegalism. LAW --Practical Guides. LAW --Reference. Constitutional law. Rule of law. |
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