Statute Law in New Zealand

Statute Law in New Zealand PDF

Author: John Frederick Burrows

Publisher:

Published: 2009

Total Pages: 670

ISBN-13: 9780408719230

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Statute Law in New Zealand, 4th edition, provides a clear and comprehensive guide to statutory interpretation, preparation and drafting. It includes discussion of the Treaty of Waitangi and the New Zealand Bill of Rights Act 1990 and covers the developments in New Zealand statute law over the last six years.

Constitutionally Conforming Interpretation – Comparative Perspectives

Constitutionally Conforming Interpretation – Comparative Perspectives PDF

Author: Matthias Klatt

Publisher: Bloomsbury Publishing

Published: 2023-11-02

Total Pages: 463

ISBN-13: 150995385X

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This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.

The Constitution of New Zealand

The Constitution of New Zealand PDF

Author: Matthew SR Palmer

Publisher: Bloomsbury Publishing

Published: 2022-02-10

Total Pages: 336

ISBN-13: 1849469059

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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.

Parliamentary Practice in New Zealand

Parliamentary Practice in New Zealand PDF

Author: David McGee

Publisher: Oratia Media Ltd

Published: 2021-05-01T00:00:00Z

Total Pages: 787

ISBN-13: 0947506241

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Parliamentary Practice in New Zealand provides a detailed description of New Zealand’s parliamentary practice. It is an authoritative text for use by members of Parliament, public servants, academics, parliamentary officers and other working professionals who have an interest in Parliament, such as the legal profession. This fourth edition incorporates a decade of developments since the third edition in 2005, and reflects many significant changes in parliamentary law, practice and procedure, including: the Parliamentary Privilege Act 2014 how the House and its committees conduct legislative and financial scrutiny the use of extended sittings by the House the increased role of the Business Committee to manage the transaction of parliamentary business how the work of the House and its committees is communicated to the public. This new edition features an attractive design and accessible structure, with extensive indexing and references.

The Form of Legislation and the Rule of Law

The Form of Legislation and the Rule of Law PDF

Author: Ronan Cormacain

Publisher: Bloomsbury Publishing

Published: 2022-12-22

Total Pages: 327

ISBN-13: 1509938060

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What does the rule of law mean, in practical terms, for the way that legislation is prepared, drafted and presented? It is a cornerstone of the UK legal order and requires certain things from the legal system, such as that the law must be intelligible, predictable and accessible. This book examines what those requirements mean for the form that legislation must take. Using the rule of law as the starting point, the author uses deductive reasoning to determine what flows from this in terms of the form of legislation. Each element of the rule of law is analysed to establish principles about the form that legislation ought to take, and the book examines how each principle can be given concrete effect. The originality lies in the nexus between the rule of law and the form of legislation. Much has been written about the nature and content of the rule of law, but relatively little has been devoted to legisprudence, the theory and practice of legislation. This book now draws these two subjects together in a detailed and innovative way.

The Unity of Public Law?

The Unity of Public Law? PDF

Author: Mark Elliott

Publisher: Bloomsbury Publishing

Published: 2018-04-19

Total Pages: 472

ISBN-13: 1509915192

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This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.

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