A Man for All Processes
Files
Description
The American due process revolution that began in the 1960s was slow to reach Britain. The limited power of judicial review and the removal of procedure from the academic study of law left the field oddly barren just as it sprung to life in defining the relation between citizens and the state in the US. Almost single-handedly, Professor Zuckerman sought to reframe the legal understanding of procedural order in the UK. His use of a cost-benefit matrix to define the governmental interest in a particular course of conduct, and his use of the same metric to weigh the costs to private parties and the risks of legal error were transformative. Beginning with his work on the incentives to error created by the Mareva injunction, and continuing to his crusade over the exorbitant costs of British procedure, the result was a scholarly transformation of a field largely abandoned since the time of Bentham. This chapter chronicles the efforts of one far-sighted scholar to drag British procedure into the modern era.
Source Publication
Principles, Procedure, and Justice: Essays in Honour of Adrian Zuckerman
Source Editors/Authors
Rabeea Assy, Andrew Higgins
Publication Date
2020
Recommended Citation
Issacharoff, Samuel, "A Man for All Processes" (2020). Faculty Chapters. 913.
https://gretchen.law.nyu.edu/fac-chapt/913
