Hamlyn Lectures

British criminal justice is a principal legacy of Empire in the common law world. It attempts fairness between prosecutors and accused in an accusatory system for establishing criminal responsibility supervised by a judge who is conspicuously detached from the fray. Fundamental features, today recognised as human rights, include the presumption of innocence and onus of proof, the privilege against self-incrimination, and the right to legal advice and representation. In these lectures, Dame Sian Elias examines modern challenges to this conception of criminal justice prompted by anxiety about crime and the costs and delays in proof of guilt. They include enlarged prosecutorial discretion in charging, incentivisation of early guilty pleas, adoption of reverse onuses of proof, application to criminal proceedings of principles of modern civil case management, and measures to bring the victim into the criminal justice system. The lectures question whether this repositioning risks the integri

British criminal justice is a principal legacy of Empire in the common law world. It attempts fairness between prosecutors and accused in an accusatory system for establishing criminal responsibility supervised by a judge who is conspicuously detached from the fray. Fundamental features, today recognised as human rights, include the presumption of innocence and onus of proof, the privilege against self-incrimination, and the right to legal advice and representation. In these lectures, Dame Sian Elias examines modern challenges to this conception of criminal justice prompted by anxiety about crime and the costs and delays in proof of guilt. They include enlarged prosecutorial discretion in charging, incentivisation of early guilty pleas, adoption of reverse onuses of proof, application to criminal proceedings of principles of modern civil case management, and measures to bring the victim into the criminal justice system. The lectures question whether this repositioning risks the integri

We are in the age of statutes; and it is indisputable that statutes are swallowing up the common law. Yet the study of statutes as a coherent whole is rare. In these three lectures, given as the 2017 Hamlyn Lecture series, Professor Andrew Burrows takes on the challenge of thinking seriously and at a practical level about statutes in English law. In his characteristically lively and punchy style, he examines three central aspects which he labels interpretation, interaction and improvement. So how are statutes interpreted? Is statutory interpretation best understood as seeking to effect the intention of Parliament or is that an unhelpful fiction? Can the common law be developed by analogy to statutes? Do the judges have too much power in developing the common law and in interpreting statutes? How can our statutes be improved? These and many other questions are explored and answered in this accessible and thought-provoking analysis.

We are in the age of statutes; and it is indisputable that statutes are swallowing up the common law. Yet the study of statutes as a coherent whole is rare. In these three lectures, given as the 2017 Hamlyn Lecture series, Professor Andrew Burrows takes on the challenge of thinking seriously and at a practical level about statutes in English law. In his characteristically lively and punchy style, he examines three central aspects which he labels interpretation, interaction and improvement. So how are statutes interpreted? Is statutory interpretation best understood as seeking to effect the intention of Parliament or is that an unhelpful fiction? Can the common law be developed by analogy to statutes? Do the judges have too much power in developing the common law and in interpreting statutes? How can our statutes be improved? These and many other questions are explored and answered in this accessible and thought-provoking analysis.

Comparative legal history is generally understood to involve the comparison of legal systems in different countries. This is an experiment in a different kind of comparison. The legal world of the first Elizabethans is separated from that of today by nearly half a millennium. But the past is not a wholly different country. The common law is still, in an organic sense, the same common law as it was in Tudor times and Parliament is legally the same Parliament. The concerns of Tudor lawyers turn out to resonate with those of the present and this book concentrates on three of them: access to justice, in terms of both cost and public awareness; the respective roles of common law and legislation; and the means of protecting the rule of law through the courts. Central to the story is the development of judicial review in the time of Elizabeth I.

The UN Convention on the Rights of the Child is the most widely ratified human rights treaty in the world, yet everyday children still face poverty, violence, war, disease and disaster. Are the rights we currently afford to children enough? Combining historical analysis with international human rights law, Michael Freeman considers early legal and philosophical theories on children's rights before exploring the impact and limitations of the Convention itself. He also suggests ways that we may rethink children's rights in the future as well as identifying key areas for reform. This book will appeal to an interdisciplinary audience who are interested in children's rights, children's studies, the history of childhood, international human rights, and comparative family law. It is a crucial restatement of the importance of law, policy and rights in improving children's lives.

The UN Convention on the Rights of the Child is the most widely ratified human rights treaty in the world, yet everyday children still face poverty, violence, war, disease and disaster. Are the rights we currently afford to children enough? Combining historical analysis with international human rights law, Michael Freeman considers early legal and philosophical theories on children's rights before exploring the impact and limitations of the Convention itself. He also suggests ways that we may rethink children's rights in the future as well as identifying key areas for reform. This book will appeal to an interdisciplinary audience who are interested in children's rights, children's studies, the history of childhood, international human rights, and comparative family law. It is a crucial restatement of the importance of law, policy and rights in improving children's lives.

Paul Craig's analysis of UK, EU and global administrative law examines the challenges facing each system and reveals the commonalities in and differences between their foundational assumptions. The challenges which they face may be particular to that legal order, endemic to any legal system of administrative law or the result of interaction between the three systems. The inter-relationship between the three levels is important. The legal and practical reality is that developments at one level can have an impact on the other two. Legal doctrine fashioned at the national level may therefore inform developments in EU and global administrative law. The doctrine thus created may then function symbiotically, shaping developments within a domestic legal order. The inter-relationship is equally marked from the regulatory perspective, since many such provisions originate at the global or EU level.

Paul Craig's analysis of UK, EU and global administrative law examines the challenges facing each system and reveals the commonalities in and differences between their foundational assumptions. The challenges which they face may be particular to that legal order, endemic to any legal system of administrative law or the result of interaction between the three systems. The inter-relationship between the three levels is important. The legal and practical reality is that developments at one level can have an impact on the other two. Legal doctrine fashioned at the national level may therefore inform developments in EU and global administrative law. The doctrine thus created may then function symbiotically, shaping developments within a domestic legal order. The inter-relationship is equally marked from the regulatory perspective, since many such provisions originate at the global or EU level.

For the 2013 Hamlyn Lectures, Sir John Laws explored the constitutional balance between law and government in the United Kingdom. He argues that the unifying principle of the constitution is the common law and that its distinctive method has endowed the British State with profoundly beneficial effects, before examining two contemporary threats to the constitutional balance: extremism and the effect of Europe-made laws on the domestic English system.

For the 2013 Hamlyn Lectures, Sir John Laws explored the constitutional balance between law and government in the United Kingdom. He argues that the unifying principle of the constitution is the common law and that its distinctive method has endowed the British State with profoundly beneficial effects, before examining two contemporary threats to the constitutional balance: extremism and the effect of Europe-made laws on the domestic English system.

The British justice system is an ancient one that has continually evolved to meet modern needs. In this set of three essays, originally presented as the Hamlyn lectures in 2012, Jack Straw reviews some of the most important recent reforms to the system of British justice and suggests key areas in need of further reform. He focuses in particular on the criminal courts, human rights, judicial appointments and the relationship between the UK Parliament, the domestic courts and the European Court of Human Rights. In all three cases, he argues that the British justice system is now in a healthier state than it has been in his lifetime, but that there remains much room - and need - for improvement.

When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.

For the 2010 Hamlyn Lectures, Alan Paterson explores different facets of three key institutions in a democracy: lawyers, access to justice and the judiciary. In the case of lawyers he asks whether professionalism is now in terminal decline. To examine access to justice, he discusses past and present crises in legal aid and potential endgames and in relation to judges he examines possible mechanisms for enhancing judicial accountability. In demonstrating that the benign paternalism of lawyers in determining the public good with respect to such issues is no longer unchallenged, he argues that the future roles of lawyers, access to justice and the judiciary will only emerge from dialogues with other stakeholders claiming to speak for the public interest.

Gearty confronts the challenges that may destroy the language of human rights for future generations.