Power of Persuasion: Essays by a Very Public Lawyer PDF
Preview Power of Persuasion: Essays by a Very Public Lawyer
Power of Persuasion Essays by a Very Public Lawyer Sir Louis Blom-Cooper QC Power of Persuasion over the years of the developing judicial review of ministerial and governmental decisions, Louis Blom-Cooper was a leading advo- cate who grew up with the advent of a distinctive brand of public law. His range of public activities, both in and outwith the court- room, saw him dubbed by his colleagues as a polymath practitioner. it included chairmanship of plural public inquiries in child abuse and mental health, media contributions in the broadsheet press and in broadcasting, and innovation in penal reform, as an ardent cam- paigner for the abolition of capital punishment and a plea for a modern Homicide act. He styled himself as a modern, reconstructed liberal – a man before his time. This collection of essays is uniquely prefaced by a self- examination of his unorthodox philosophy towards the law in action. it covers a variety of socio-legal topics that expresses his ambition to inform a poorly-educated public on the workings of the legal system. This aim involves a discussion of the constitutional history of Britain, unwritten and insufficiently interpreted; it reflects a commitment to the european Convention on Human rights and portrays its international origins. The collection opines on crime and punishment; in the functioning of the courts and else- where 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 their product of judicial heroes in Lord reid and Lord Bingham. Power of Persuasion essays by a Very Public Lawyer sir Louis Blom-Cooper QC oXforD anD PorTLanD, oreGon 2015 Published in the united Kingdom by Hart Publishing Ltd 16C worcester Place, oxford, oX1 2Jw Telephone: +44 (0)1865 517530 fax: +44 (0)1865 510710 e-mail: [email protected] website: http://www.hartpub.co.uk Published in north america (us and Canada) by Hart Publishing c/o international specialized Book services 920 ne 58th avenue, suite 300 Portland, or 97213-3786 usa Tel: +1 503 287 3093 or toll-free: (1) 800 944 6190 fax: +1 503 280 8832 e-mail: [email protected] website: http://www.isbs.com © sir Louis Blom-Cooper, 2015 sir Louis Blom-Cooper has asserted his right under the Copyright, Designs and Patents act 1988, to be identified as the author of this work. Hart Publishing is an imprint of Bloomsbury Publishing plc. all rights reserved no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission of Hart Publishing, or as expressly permitted by law or under the terms agreed with the appropriate reprographic rights organisation. enquiries concerning reproduction which may not be covered by the above should be addressed to Hart Publishing Ltd at the address above. British Library Cataloguing in Publication Data Data available isBn: 978-1-84946-816-9 isBn (ePDF): 978-1-78225-729-5 Foreword i have known sir Louis Blom-Cooper QC for most of my profes- sional life. He has always been radical in his views. He was an early advocate of human rights, long before it was fashionable to be one. His intelligence has shone through everything that he has done. Perhaps above all, his enthusiasm for and love of the law has been a hallmark of his life and remains undimmed even in old age. He con- tinues to test and challenge received wisdom and has a knack of asking awkward questions. it is remarkable that he is still question- ing and writing with vigour and insight. My first experience of him was when he was a civil practitioner. But he was then, as he has been throughout his long and distin- guished career, very much more than that. if three words could describe the expansive nature of his contribution to the law and society, ‘peace, order, and good government’, Lord Mansfield’s words from his seminal decision in R v Barker (1762) 3 Burr. 1264 come to mind. They are words that resonate throughout this majes- tic work and the essays collected within it. They are words that underpin this very public lawyer’s life and work. whether the sub- ject is the development of separation of powers, consideration of reform to the law of homicide, the role of jury trial in our justice system, or the proper development of media law and regulation, his writings demonstrate his keen search for answers to the broad ques- tion of how the law can help frame a good and just society. That this is a question that continues to face us only emphasises the impor- tance and relevance of this collection. each essay demonstrates a depth of analysis that is matched by the breadth of sources on which he has drawn. These include personal accounts derived from con- versations and discussions with past Lord Chief Justices, personal experience drawn, for example, from his work as chair of the Howard League for Penal reform or as chair of various public inquiries, or an examination of the work of Thomas Carlyle or alexander Hamilton. all of this is as much a testament to sir Louis’ intellectual and practical engagement over the course of a long and fruitful career as it is of benefit to the reader. Perhaps most importantly for an advocate who seeks to persuade, the essays are vi Foreword immediately engaging. i cannot commend this collection more highly. The Right Honourable Lord Dyson, Master of the Rolls Contents Foreword by Lord Dyson, Master of the Rolls v introduction 1 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 9 2 Judicial review: its Genesis and Growth Post-1977 35 3 Judges in Public inquiries, redivivus 38 4 The road to rome and strasbourg via san francisco: the Genesis of Human rights 49 5 Towards a Legal forum of the isles 60 Part II: Crime and Justice 6 a Calendar of Murder: the Causes of unjustifiable Homicide 70 7 Towards a new Homicide act 71 8 The Penalty for Murder: Life after Death 92 9 The apotheosis of amateurism 116 10 english Juries on Trial 136 11 The ambit of innocence 139 12 ‘Consuming Your own smoke’ 146 13 Crime and Justice: a shift in Perspective 150 14 The Magistracy – a Professional Court? 169 15 serious fraud offences: whither Their Trial? 175 16 James Hanratty: a Vindicatory View 187 17 an advocate’s Tale 194 18 Criminal Justice on Trial 207 19 Victims adrift 213 Part III: Penal Affairs 20 The whys and wherefores of Penal Policy 221 21 Community service: Penological Progress 228 viii Contents 22 Prisoners’ right to Vote 231 23 Dangerousness 236 Part IV: Media Law 24 Press (Media) freedom: Constitutional right or Cultural assumption? 247 25 The Jurisprudence of Privacy 260 26 Media freedom: a new Concept in free speech 276 27 Censors in the Courtroom 278 28 The Historical Background to self-regulation of the Press 289 Part V: Miscellany 29 Jan Christiaan smuts (1870–1950): Middle Templar extraordinary 299 30 intervention and Amicus Curiae 312 31 Bench and Bar 320 32 Judicial Heroes 330 33 Lord Denning’s Legacy: a Judicial Misfit? 334 34 Pilgrims’ Progress: academics and Practitioners 347 Index 359
Description:The list of books you might like
