Politics of the Common Law

Dr. Adam Gearey is a reader in law, Birkbeck College, University of London. He has been a visiting professor in the Faculty of Law at Makerere University, Uganda; the University of Pretoria, South Africa and the University of Peace, Costa Rica. He has also been a visiting fellow in the Center for Law and Society, University of California, Berkeley. Professor Wayne Morrison LLD, PhD, LLM, LLB, (Barrister and Solicitor of the High Court of New Zealand) is Professor of Law, Queen Mary, University of London and former Director of the University of London’s International Programmes for LawRobert Jago MPhil. (cantab.) is a Senior Lecturer and Deputy Head of the School of Law at the University of Surrey. He is also a regular visitor to HKU SPACE where he teaches Public Law.

• Authors’ acknowledgements, Publisher’s acknowledgements, 1. Introduction Part I - The politics of the Common Law: perspectives, rights, processes, Institutions, 2. Introduction Part II - Procedural Fairness, the Rule of Law and Due Process, 3. ‘As a system…the common law is a thing merely imaginary’, 4. Recording law’s experience: features of the ‘case’, 5. The postcolonial, the visible and the invisible: the normal and the exceptional, 6. Institutionalizing Judicial Decision Making: Public Reason and the Doctrine of Precedent, 7. What We Talk About When We Talk About Common Law: The Practice of Precedent , 8. The Mirror and the Dialogue: The Common Law, Strasbourg and Human Rights, 9. The judicial practice of statutory interpretation, 10. The Politics of the Judiciary Revisited: rights, democracy, law, 11. Judges and Democracy, 12. The Integrity of the Court: Judgment and the Prohibition on Bias, 13. The Value of Participation: The Rights of the Defence, Equality of Arms and Access to Justice, 14. Open Justice, Closed Procedures and Torture Evidence, 15. Imagining Civil Justice, 16. Imagining Criminal Justice, 17. Conclusion