Download or read book The Permanent New Zealand Court of Appeal written by Rick Bigwood and published by Hart Publishing. This book was released on 2009-04-30 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The essays were first produced for a one-day conference hosted by the Legal Research Foundation at Parliament Buildings, Wellington, New Zealand, in March 2008"--Preface.
Download or read book New Zealand Court of Appeal 1958 1996 written by Peter Spiller and published by Thomson Brooks/Cole. This book was released on 2002 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the judges and the work of New Zealand's premier local court during a significant period in its modern history. The period begins in 1958 with the emergence of the New Zealand Court of Appeal as a separate court composed of permanent appellate judges, and it ends with the retirement of Lord Cooke as President of the court in early 1996. This work aims to present the Court of Appeal and its work in its truest form, with particular emphasis on its essential humanity. The book is based on written records and interviews with the judges, barristers, and litigants whose lives helped to shape the court and its work. This book is aimed primarily at the legal community in New Zealand, but it will be of interest to non-lawyers in New Zealand and to overseas readers as well. The introductory chapter outlines the court's historical context and overall development. Part One, Judges of the Court, conveys a sense of the court's human dimension and the imprint that the judges' personalities left on their judicial work. Part Two, Work of the Court, presents the general features of the court's work, the range of processes, interactions, and elements that lay behind the court's judgments, and the New Zealand legal identity that emerged in the court.
Download or read book The Constitution of New Zealand written by Matthew SR Palmer and published by Bloomsbury Publishing. This book was released on 2022-02-10 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines New Zealand's constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power – a perspective that is necessary to explore and account for a lived, rather than textual, constitution. New Zealand's constitution is unique. One of three remaining unwritten democratic constitutions in the world, it is characterised by a charming set of anachronistic contrasts. “Unwritten”, but much found in various written sources. Built on a network of Westminster constitutional conventions but generously tailored to local conditions. Proudly independent, yet perhaps a purer Westminster model than its British parent. Flexible and vulnerable, while oddly enduring. It looks to the centralised authority that comes with a strong executive, strict parliamentary sovereignty, and a unitary state. However, its populace insists on egalitarian values and representative democracy, with elections fiercely conducted nowadays under a system of proportional representation. The interests of indigenous Maori are protected largely through democratic majority rule. A reputation for upholding the rule of law, yet few institutional safeguards to ensure compliance.
Download or read book Vigilance and Restraint in the Common Law of Judicial Review written by Dean R. Knight and published by Cambridge University Press. This book was released on 2018-04-19 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.
Download or read book High Courts in Global Perspective written by Nuno Garoupa and published by University of Virginia Press. This book was released on 2021-08-27 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today. Contributors: Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University Constitutionalism and Democracy
Download or read book A New Zealand Legal History written by Peter Spiller and published by Thomson Brookers. This book was released on 2001 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Zealand Legal History 2nd Edition offers a summary of the major historical themes of New Zealand legal development since European colonisation. Particular attention is paid to four key issues: legal heritage. In particular, the role played by the English to influence our legal heritage. The growing importance of New Zealand's own legal environment and the local modifications implemented largely through statute law. The unique role played by Maori values embodied in particular in the Treaty of Waitangi. The development of New Zealand's legal institutions by our judges and lawyers and the.
Download or read book Parliamentary Debates written by New Zealand. Parliament and published by . This book was released on 1958 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report written by Commonwealth Shipping Committee and published by . This book was released on 1911 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Parliamentary Papers written by Great Britain. Parliament. House of Commons and published by . This book was released on 1911 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pr cis of the Proceedings written by and published by . This book was released on 1911 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Imperial Conference 1911 written by Great Britain. Colonial Office and published by . This book was released on 1911 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law Journal written by and published by . This book was released on 1911 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Marital Agreements and Private Autonomy in Comparative Perspective written by Jens M Scherpe and published by Bloomsbury Publishing. This book was released on 2012-02-24 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom This title is included in Bloomsbury Professional's Family Law online service.
Download or read book Feminist Judgments of Aotearoa New Zealand written by Elisabeth McDonald and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 future. 'This Project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal
Download or read book The Cambridge Handbook of Foreign Judges on Domestic Courts written by Anna Dziedzic and published by Cambridge University Press. This book was released on 2023-10-31 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook presents a comparative study of foreign judges on domestic courts, examining the practice and its implications for adjudication, judicial identity and judicial independence and accountability. The Handbook will interest scholars of comparative law and judicial studies, as well as judges, lawyers and historians.
Download or read book Contract Law in New Zealand written by Stephen Todd and published by Kluwer Law International B.V.. This book was released on 2019-11-22 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in New Zealand covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in New Zealand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Download or read book Complacent Nation written by Gavin Ellis and published by Bridget Williams Books. This book was released on 2016-08-12 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Zealanders are too complacent about the continuing erosion of their right to know what government is doing on their behalf. Political risk has become a primary consideration in whether official information requests will be met, and successive governments have allowed free speech rights to be overridden. Drawing on decades of experience as a journalist and editor, Gavin Ellis chronicles the patterns of erosion and calls for entrenchment of the Bill of Rights Act. As supreme law, it would set a high bar that politicians must hurdle before freedom of expression could be curtailed.
