The Permanent New Zealand Court of Appeal PDF Download
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Author: Rick Bigwood
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 438
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Book Description
"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.
Author: Rick Bigwood
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 438
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Book Description
"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.
Author: Peter Spiller
Publisher: Thomson Brooks/Cole
ISBN:
Category : History
Languages : en
Pages : 568
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Book Description
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.
Author: Matthew SR Palmer
Publisher: Bloomsbury Publishing
ISBN: 1849469040
Category : Law
Languages : en
Pages : 260
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Book Description
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.
Author: Dean R. Knight
Publisher: Cambridge University Press
ISBN: 1108117708
Category : Law
Languages : en
Pages : 309
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Book Description
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.
Author: Nuno Garoupa
Publisher: University of Virginia Press
ISBN: 0813946166
Category : Political Science
Languages : en
Pages : 318
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Book Description
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
Author: New Zealand. Parliament
Publisher:
ISBN:
Category : New Zealand
Languages : en
Pages : 978
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Book Description
Author: Eric C. Ip
Publisher: Cambridge University Press
ISBN: 1108168825
Category : Law
Languages : en
Pages : 301
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Book Description
This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.
Author: Peter Spiller
Publisher: Thomson Brookers
ISBN:
Category : Law
Languages : en
Pages : 392
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Book Description
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.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1020
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Book Description
From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown."
Author: Stephen Todd
Publisher: Kluwer Law International B.V.
ISBN: 9041189319
Category : Law
Languages : en
Pages : 200
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Book Description
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.
