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No Means No - But when Does Yes Mean Yes?
  • Language: en
  • Pages: 31

No Means No - But when Does Yes Mean Yes?

  • Type: Book
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  • Published: 2008
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  • Publisher: Unknown

None

Indigenous Courts, Self-Determination and Criminal Justice
  • Language: en
  • Pages: 328

Indigenous Courts, Self-Determination and Criminal Justice

  • Categories: Law
  • Type: Book
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  • Published: 2018-04-09
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  • Publisher: Routledge

In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determinatio...

The Citizen and Administrative Justice
  • Language: en
  • Pages: 51

The Citizen and Administrative Justice

  • Type: Book
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  • Published: 2009
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  • Publisher: Unknown

None

Feminist Judgments of Aotearoa New Zealand
  • Language: en
  • Pages: 575

Feminist Judgments of Aotearoa New Zealand

  • Categories: Law

This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the fu...

Entitlements to Deceased People's Property in Aotearoa New Zealand
  • Language: en
Trends in the Judiciary
  • Language: en
  • Pages: 369

Trends in the Judiciary

  • Type: Book
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  • Published: 2021-12-30
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  • Publisher: Routledge

Trends in the Judiciary: Interviews with Judges from Across the Globe, Volume Four, provides insights into the lives, working environments, and social milieus of a select group of judges. These legal luminaries, often viewed as pedantic in their ontology, serve the crucial role of preserving the human rights of individuals. This text offers detailed data emanating from the narratives of judges who were interviewed by a wide range of academicians, from emerging and mid-career scholars to professionals and established professors. The narratives of the judges are interspersed with research data and country details in an effort to enhance the knowledge base of the readership. Judges from Asia, A...

Feminist Judgments of Aotearoa New Zealand
  • Language: en
  • Pages: 575

Feminist Judgments of Aotearoa New Zealand

  • Categories: Law

Ko ngā muka oÿ te rino : threads of the two-stranded rope / Rhonda Powell, Elisabeth McDonald, Māmari Stephens and Rosemary Hunter -- Law in Aotearoa New Zealand / Māmari Stephens and Rhonda Powell -- Introducing the feminist and mana wahine judgments / Rosemary Hunter, Māmari Stephens, Elisabeth McDonald and Rhonda Powell -- Taylor v Attorney General [2015] NZHC 1706, commentary : disengaging the disengaged / Margaret Wilson and Julia Amua Whaipooti, judgment : Mihiata Pirini and Lisa Yarwood -- Brooker v Police [2007] NZSC 307, commentary : rights balancing rejected / Ursula Cheer, judgment : Janet McLean -- Ruka v Department of Social Welfare [1997] 1 NZLR 154, commentary : defining ...

Indigenous Legal Judgments
  • Language: en
  • Pages: 244

Indigenous Legal Judgments

  • Type: Book
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  • Published: 2021-06-27
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  • Publisher: Routledge

This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have deni...

New Treaty, New Tradition
  • Language: en
  • Pages: 320

New Treaty, New Tradition

  • Type: Book
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  • Published: 2016-07-22
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  • Publisher: UBC Press

Legal cultures change in response to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected traditional Māori law, illustrating the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling New Treaty, New Tradition reveals the enduring vitality of Māori legal traditions, making the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process. Drawing on examples from Canada and New Zealand, Jones illustrates how Western legal thought has shaped the historical claims process. As Indigenous self-determination plays out on the world stage, this nuanced reflection brings into focus prospects for the long-term success of reconciliation projects in Canada and around the globe.