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The Permanent New Zealand Court Of Appeal
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Book Synopsis The Permanent New Zealand Court of Appeal by : Rick Bigwood
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.
Book Synopsis New Zealand Court of Appeal, 1958-1996 by : Peter Spiller
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.
Book Synopsis The Constitution of New Zealand by : Matthew SR Palmer
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.
Book Synopsis Activism, Feminism, Politics and Parliament by : Margaret Wilson
Download or read book Activism, Feminism, Politics and Parliament written by Margaret Wilson and published by Bridget Williams Books. This book was released on 2021-08-13 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Margaret Wilson has always lived a political life. From her days as a child growing up in the Waikato in a Catholic family attuned to fairness, an unlikely law student in the 1960s in a class with a few other women, and an emerging socialist feminist who read radical texts and attended women's conventions, her key concerns became cemented early: the rights of women and equality for all under the law. This is the story of one of New Zealand's most eminent political actors. A policy-focused campaigner, reluctant to join a political tribe and uncomfortable with the combative attitudes and personal jockeying that politics seemed to entail, Wilson nevertheless rose to become the president of the Labour Party during the turbulent mid-1980s. Going on to become a central, far-sighted, occasionally controversial minister in the Clark government, Wilson held significant roles as Attorney-General and Speaker of the House. Activism, Feminism, Politics and Parliament is a powerful analysis of political life in New Zealand over four decades. From pay equity to a home-grown Supreme Court, employment relations legislation to paid parental leave, the policies Wilson championed were based always in the long-held principles of a true conviction politician.
Book Synopsis High Courts in Global Perspective by : Nuno Garoupa
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
Book Synopsis Feminist Judgments of Aotearoa New Zealand by : Elisabeth McDonald
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
Book Synopsis Parliamentary Debates by : New Zealand. Parliament
Download or read book Parliamentary Debates written by New Zealand. Parliament and published by . This book was released on 1953 with total page 1140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Appendix to the Journals of the House of Representatives of New Zealand by : New Zealand. Parliament. House of Representatives
Download or read book Appendix to the Journals of the House of Representatives of New Zealand written by New Zealand. Parliament. House of Representatives and published by . This book was released on 1870 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Passing Wealth on Death by : Alexandra Braun
Download or read book Passing Wealth on Death written by Alexandra Braun and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.
Book Synopsis Judiciaries in Comparative Perspective by : H. P. Lee
Download or read book Judiciaries in Comparative Perspective written by H. P. Lee and published by Cambridge University Press. This book was released on 2011-08-11 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
Book Synopsis Tort Law in New Zealand by : Stephen Todd
Download or read book Tort Law in New Zealand written by Stephen Todd and published by Kluwer Law International B.V.. This book was released on 2022-07-20 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in New Zealand. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in New Zealand. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Download or read book Teaching Family Law written by Henry Kha and published by Taylor & Francis. This book was released on 2023-08-25 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the teaching of an eclectic range of family law topics and the unique opportunities and challenges of teaching family law in different jurisdictions from a varied international perspective. Written by leading legal scholars, the book addresses a gap in the scholarship to comprehensively and systematically analyse the teaching of family law. The first part of the book explores ways of teaching the varied range of topics under the heading of family law and captures the diverse approaches to the discipline. Chapters illustrate how the subject can be best taught in an interdisciplinary way that considers feminist perspectives and the philosophy of teaching, while encompassing legal positivism, empirical research and critical legal theory. The second part of the book examines teaching in different jurisdictions and illustrates policy and practice in Australia, New Zealand, the United States, Canada, the United Kingdom, Hong Kong and South Africa. Showcasing examples of best practice of teaching family law, the book will be an essential reading for legal scholars, as well as researchers and postgraduate students in the fields of family law and legal education.
Book Synopsis The Judicial House of Lords by : Louis Jacques Blom-Cooper
Download or read book The Judicial House of Lords written by Louis Jacques Blom-Cooper and published by Oxford University Press. This book was released on 2009-08-13 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009 a new UK Supreme Court takes on the judicial functions of the House of Lords. In this book a group of over 40 eminent lawyers and legal historians look back over the 130 years of the judicial House of Lords to give a comprehensive history of its role, reputation and impact on the law in the UK and beyond.
Book Synopsis Research Handbook on Family Property and the Law by : Margaret Briggs
Download or read book Research Handbook on Family Property and the Law written by Margaret Briggs and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
Book Synopsis Marital Agreements and Private Autonomy in Comparative Perspective by : Jens M Scherpe
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 616 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
Book Synopsis Vigilance and Restraint in the Common Law of Judicial Review by : Dean R. Knight
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.
Book Synopsis Bringing Justice Home by : Cheryl Thompson-Barrow
Download or read book Bringing Justice Home written by Cheryl Thompson-Barrow and published by Commonwealth Secretariat. This book was released on 2008 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, smaller Commonwealth jurisdictions have turned to the Judicial Committee of the Privy Council in London as their final court of appeal. Now more and more countries have amended their constitutional arrangements to bring the final court of appeal closer to home. Cheryl Thompson-Barrow charts the experience of a number of countries and looks at the different ways in which alternative appeals processes have been set up, comparing the approach taken by countries like Australia and New Zealand with that taken in parts of the Caribbean. She makes recommendations for future good practice in the establishment and administration of final courts of appeal, based on discussions by Commonwealth law ministers and senior officials over the period 2003 to 2007.
