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The New Zealand Bill of Rights
The New Zealand Bill of Rights is a comprehensive account of over a decade of jurisprudence under the New Zealand Bill of Rights Act 1990. The Book provides an indepth examination of the Act, covering such topics as the benefits and burdens of rights; principles of interpretation; impact on legislation and the legislative process; judical review; civil and political rights; the rights of persons subjected to criminal investigation and prosecution; trial procedures; powers of law enforcement; and remedies for breach. Combining descriptive, analytical and prognostic scholarship, the extensive detail of the New Zealand Bill of Rights marks it as a standard reference text for this important body of the New Zealand law.
Litigating Rights
How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.
The Fluid State
The Fluid State was cited by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are:How do perceptions of international law d...
Constitutional Reform in the United Kingdom
Labour's reforms of the UK's constitutional arrangements promise an overhaul of the constitution. A conference was held Cambridge University to discuss the legal and practical implications of the reforms. Papers given are reproduced in this volume.
New Zealand's Muslims and Multiculturalism
The book offers an ethnography of the Muslim minority in New Zealand with special emphasis on policy aspects relevant to the integration of Muslims in the host society. The book also discusses many other issues, such as Muslim political representation, inner coherence of the Muslim community, differentiated citizenship, gender issues and gender equality, and points of friction with the host society.
The Struggle for Simplicity in the Law
A collection of 17 essays, written to honour Lord Cooke of Thorndon upon his retirement as President of the New Zealand Court of Appeal. In six parts: 'The Art of the Judge', 'Private Law', The Treaty and Indigenous Rights', 'Administrative Law', 'International Perspectives', and 'Fundamental Rights'. The contributors are legal personalities from New Zealand and the Commonwealth.
Parliamentary Bills of Rights
How do bills of rights influence legislative decision-making in New Zealand and the United Kingdom?
Freedom of Religion Under Bills of Rights
"The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts
Human Rights in New Zealand
'The Universal Declaration of Human Rights, adopted while the world remained deeply shocked by the atrocities committed during the Second World War, was an inspirational creation. ... It is hard to conceive of this document being adopted today. Like most other nations, New Zealand has succumbed to a kind of world-weary acceptance that full enjoyment of universal human rights remains a distant dream.' Preface, Dame Silvia Cartwright, PCNZM, DBE, QSO New Zealand is proud of its human rights record with good reason. It was the first country in the world to give women the vote and it played a prominent part in the establishment of the United Nations and the Universal Declaration of Human Rights....
Roles and Perspectives in the Law
Contains papers presented at a conference entitled "Roles and perspectives in the law" held in April 2002 at Victoria University of Wellington Law School honouring Sir Ivor Richardson upon his retirement as President of the Court of Appeal. Covers eight distinct and contrasting areas of law, the juxtaposition of which illustrates the underlying principles, tensions, and values that run through the law. Includes sections on taxes and commercial regulation.
