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Bingham Centre Working Papers, Conference Papers and Speeches

The Bingham Centre's working papers provide timely analysis of current issues by the Centre's researchers, and are aimed at both academic and non-academic audiences. Working papers are not peer-reviewed articles or reports. Rather, they reflect the Centre's role as a body that participates in and seeks to inform law, policy and public debate. Working papers may aim to respond quickly to current issues and will sometimes form the basis for more developed reports or publications.

2017

Nine Tenths of the Law: Property, dispossession and human rights in South Africa

The Bingham Centre International Visiting Fellow, Stuart Wilson of SERI, held a seminar on Tuesday June 27 at The Bingham Centre. Property law in South Africa is one of the most important sources from which spaces of social action are constructed and reshaped. Through reforms to property law, South Africa has embarked on a fundamental re-imagining of those terms.

Briefing paper: The Rule of Law: Brexit and Financial Services
February 2017

This briefing paper explains how the rule of law provides an essential framework for the discussion of many aspects of Brexit including the role of Parliament, the importance of the courts and the values of justice and fairness, especially legal certainty.

2016

Briefing Paper: Parliament and the Rule of Law in the Context of Brexit
29 September 2016

This paper aims to inform the work of Parliament by setting out preliminary rule of law issues relating to Brexit. The paper focuses on procedural rule of law questions concerning how Parliament can respect and safeguard the rule of law in the process of domestic and international law-making required to give effect to the outcome of the June referendum.

Children and Access to Justice in the Agenda for Sustainable Development
12 May 2016

This briefing paper commissioned by the International Bar Association's Access to Justice and Legal Aid Committee examines how the UN Post-2015 Development Agenda can help tackle child poverty by improving access to justice and the economic and social wellbeing of children.

2015

Professor Sir Jeffrey Jowell KCMG QC's Speech to the British Chamber of Commerce, Copenhagen
22 June 2015

The speech given by Professor Sir Jeffrey Jowell KCMG QC, Director of the Bingham Centre for the Rule of Law, to the British Chamber of Commerce in Copenhagen.

Chief Justice McLachlin, The Relevance of Magna Carta in Today's World
18 June 2015

The speech given by The Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada, on 'The Relevance of Magna Carta in Today's World' at the Honourable Society of Gray's Inn, London.

Rule of Law Symposium 2014: The Importance of the Rule of Law in Promoting Development
2015

A volume of edited papers from the 2014 Singapore Rule of Law Symposium, a one-day conference organised by the Centre in conjunction with the Singapore Academy of Law and made possible by the generous support of the global law firm Linklaters.

60th Anniversary Marshall Alumni Lecture
Speech by Justice Stephen Breyer of the US Supreme Court, 8 April 2015

This paper is an edited version of Justice Breyer's Marshall Alumni Lecture given in London on 8 April 2015. The Bingham Centre is grateful to Justice Breyer for allowing us to reproduce his lecture on our website.

Detention, Interrogation and Security: Oversight and Accountability
Bingham Centre Conference Report, 5 March 2015

The Bingham Centre for the Rule of Law convened a panel of experts to consider the implications for the United Kingdom of the United States Senate Select Committee on Intelligence report on the CIA's detention and interrogation programme, published in December 2014.

India and the Post-2015 Agenda: Shaping the Connections between Law and Development
Bingham Centre Conference Report, April 2015

The Bingham Centre jointly with Advocates for International Development (A4ID) hosted a half-day conference in New Delhi on 27 February 2015. This report includes a briefing on the post-2015 agenda, the conference programme and report, as well as draft Sustainable Development Goals and draft proposed indicators.


2014

Professor Ian Cram (University of Leeds) 'The Protection of Human Rights in the UK Constitution: Freedom of Expression and Social Media'
Conference Paper presented at National Taipei University, October 2014

This paper was presented at the National Taipei University as part of a Bingham Centre project funded by the British Academy International Partnership and Mobility Scheme 2013.

Building the Rule of Law in Helmand: Testing the Bingham Principles
Bingham Centre Working Paper 2014/05, October 2014

As the Sustainable Development Goals and the post-2015 development agenda are framed, the Bingham Centre asks important questions of the rule of law, specifically, how can the rule of law be practically pursued in areas that are very far away from a Western European context? Are Tom Bingham's well-known principles still meaningful in such contexts?

Transitional Justice in Nepal: The Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act 2014
Bingham Centre Working Paper 2014/07, September 2014

The Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act 2014 is Nepal's latest attempt to establish a transitional justice programme to respond to conflict era abuses. This Bingham Centre Working Paper explores these recent developments, highlighting issues that must be remedied if transitional justice objectives are to be achieved in Nepal.

Do Our Tax Systems Meet Rule of Law Standards? Papers from November 2013 Conference
Bingham Centre Working Paper 2014/06, September 2014

In 2013, the Bingham Centre organised two events exploring the compliance of national tax regimes with Tom Bingham's eight rule of law principles. A selection of papers from the second of these events in November 2013 considers issues such as retrospective taxation, access to justice and equal treatment, and includes a debate on the UK General Anti-Abuse Rule.

The Rule of Law within the Post -2015 Development Agenda
Bingham Centre Working Paper 2014/04, August 2014

In the lead up to the UN General Assembly in September 2014, this Bingham Centre Working Paper (published August 2014) examines the place of the rule of law in the post-2015 development agenda and proposed Sustainable Development Goals

Closed Material Proceedings Under the Justice and Security Act: A Review of the First Report by the Secretary of State
Bingham Centre Working Paper 2014/03, August 2014
(with December 2014 supplement)

This Bingham Centre Working Paper examines what we know about the use of closed material proceedings in the first year of their operation. The paper was first published in August 2014. Following that publication we received further information about the use of CMPs in the first year and we also received a response from the Ministry of Justice.

In December 2014 we republished the Working Paper and included an additional supplement that explains the further information we received and includes the full response from the MoJ. The main link above is to the paper with the supplement. The first document without the supplement is still available here.

The Rule of Law and Transitional Justice in Nepal: Options for Co-ordinating a Truth Commission, Criminal Justice Mechanisms and Personnel Reforms
Bingham Centre Working Paper 2014/02, April 2014

As Nepal continues to debate how to deal with the legacy of the internal armed conflict of 1996-2006, the rule of law and transitional justice remain high on the national agenda. This Bingham Centre Working Paper draws upon international and comparative experience to consider the benefits of three key mechanisms - truth commissions, criminal trials and personnel reforms - and how to reduce the potential for conflict when they overlap.

Constitutional Reform in Myanmar: Priorities and Prospects for Amendment
Bingham Centre Working Paper No 2014/01, January 2014

The Working Paper aims to provide guidance on how priorities for reform in Myanmar can be put into operation by exploring the amendment provisions of the constitution in the light of international standards in constitutional democracies and practice around the world. The paper also examines the way in which the constitution may be reformed.