The Principle Of Legality In Australia And New Zealand

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The Principle of Legality in Australia and New Zealand

Author : Matthew Groves
Publisher :
ISBN 13 : 9781760021252
Total Pages : 304 pages
Book Rating : 4.0/5 (212 download)

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Book Synopsis The Principle of Legality in Australia and New Zealand by : Matthew Groves

Download or read book The Principle of Legality in Australia and New Zealand written by Matthew Groves and published by . This book was released on 2017-03-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of statutes and human rights the common law principle of legality has assumed a central importance. The principle holds that unless Parliament makes unmistakably clear its intention to curtail or abrogate a common law right, freedom or principle, the courts will not construe a statute as having that operation. As Lord Hoffmann famously observed, this "means that Parliament must squarely confront what it is doing and accept the political cost".The principle of legality is now central to the operation of Australian and New Zealand public law. Yet its content, methodology and scope remain elusive and has never been examined in detail. This book fills that gap by drawing together leading judges, practitioners and scholars to explore a range of interesting issues and challenges for the application of the principle of legality and its future trajectory: How does the principle operate? Which rights and freedoms fall within its scope and why? What is its relationship to the (so-called) common law bill of rights? Has proportionality a role to play in its application? How, if at all, does it differ from the presumption with international law? And in the construction of statutes does the principle serve to fulfil or frustrate the will of Parliament?

Understanding Administrative Law in the Common Law World

Author : Paul Daly
Publisher : Oxford University Press
ISBN 13 : 0192896911
Total Pages : 321 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Understanding Administrative Law in the Common Law World by : Paul Daly

Download or read book Understanding Administrative Law in the Common Law World written by Paul Daly and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

The Principle of Legality in International and Comparative Criminal Law

Author : Kenneth S. Gallant
Publisher : Cambridge University Press
ISBN 13 : 9780521187602
Total Pages : 0 pages
Book Rating : 4.1/5 (876 download)

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Book Synopsis The Principle of Legality in International and Comparative Criminal Law by : Kenneth S. Gallant

Download or read book The Principle of Legality in International and Comparative Criminal Law written by Kenneth S. Gallant and published by Cambridge University Press. This book was released on 2010-12-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

New Zealand Constitution

Author : Bruce Harris
Publisher :
ISBN 13 : 9781988553702
Total Pages : pages
Book Rating : 4.5/5 (537 download)

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Book Synopsis New Zealand Constitution by : Bruce Harris

Download or read book New Zealand Constitution written by Bruce Harris and published by . This book was released on 2018-12-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by constitutional law specialist Bruce Harris, New Zealand Constitution An Analysis in Terms of Principles, is a unique commentary on New Zealand's unwritten constitution. The book, is written around sixteen fundamental principles, on which, in the author's view, the New Zealand constitution is built. The commentary on each principle is used to explain, analyse and critique the complex system of law and conventions that make up the constitution. The objective is to ensure that readers understand the New Zealand constitution as providing the foundation for an integrated system of stable government and an ordered society. This systematic approach to explaining the architecture of the constitution, is based on the authors more than forty years of experience of teaching and researching New Zealand constitutional law. The result is not only a clearly written and highly accessible text explaining the fundamentals of the New Zealand system of government, but also an indispensable learning tool for law students studying public law, political studies students, legal practitioners, judges, members of parliament, persons working in government and members of the community generally.

Caveats Against Dealings in Australia and New Zealand

Author : Shannon Lindsay
Publisher : Federation Press
ISBN 13 : 9781862871946
Total Pages : 356 pages
Book Rating : 4.8/5 (719 download)

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Book Synopsis Caveats Against Dealings in Australia and New Zealand by : Shannon Lindsay

Download or read book Caveats Against Dealings in Australia and New Zealand written by Shannon Lindsay and published by Federation Press. This book was released on 1995 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been written by a practitioner for the benefit of practitioners.The two introductory chapters deal with broad general principles and conceptual issues such as what is a caveat? and what is a caveatable interest? but the bulk of the book is taken up by an encyclopaedic analysis of all of the reported Australian and New Zealand cases touching upon caveats. Essentially this book is intended to function as a road map for practitioners to the reported cases, guiding them to cases involving similar facts, and breaking the issues up in a way that matches the practical problems with which they must deal.Chapters which follow on from the general introductory chapters:list all the recognised categories of situations where there is a caveatable interestdeal with defects in the drafting of caveatsdescribe the procedures available to a registered proprietor or other interested person for freeing the title from the caveatanalyse the criteria for a successful action for compensation for wrongful lodgement of a caveatexplain the role of caveats in determining equitable prioritiesThere is also a brief chapter dealing with the assessment of stamp duty on caveats.

Crimes That Shaped the Law

Author : David Field
Publisher :
ISBN 13 : 9780409342222
Total Pages : pages
Book Rating : 4.3/5 (422 download)

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Book Synopsis Crimes That Shaped the Law by : David Field

Download or read book Crimes That Shaped the Law written by David Field and published by . This book was released on 2015-09-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The law cannot remain static, but must adjust to reflect the changing society that it serves. From time to time, criminal cases arise that dramatically dictate the need for alterations to the law. Those developments often occur, but what of the fates of those whose misfortunes were the catalyst for change? The stories of some of these unwitting oÂeÂ" and unwilling oÂeÂ" pioneers are collected in this fascinating book. These twelve true-life tales include: oÂeo the infamous practice of oÂeÂ~baby farmingoÂeÂ(tm) that led to a new evidentiary principle oÂeo the murder of two young sailors that resulted in limits on an accused personoÂeÂ(tm)s oÂeÂ~right to silenceoÂeÂ(tm) oÂeo the victim of domestic violence whose trial on a murder charge saw the recognition of the oÂeÂ~battered woman syndromeoÂeÂ(tm) oÂeo the prosecutions of sleepwalkers who killed oÂeÂ" were they criminally insane? oÂeo the mistaken identity conviction that led to warnings against eyewitness identification The lively and engaging stories, spanning a hundred years, provide the historical background that led to important changes to our justice system. Features oÂeo Real-life stories provide engaging insight into our justice system oÂeo Offers a unique treatment of the genesis of many important legal rules oÂeo Written by an author with extensive background working with the rules of criminal law and evidence Related Titles Howard, R v Milat: A Case Study in Cross-Examination, 2014

The Unity of Public Law?

Author : Mark Elliott
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915192
Total Pages : 472 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Unity of Public Law? by : Mark Elliott

Download or read book The Unity of Public Law? written by Mark Elliott and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional and Administrative Law in New Zealand

Author : Philip Austin Joseph
Publisher :
ISBN 13 : 9780864726018
Total Pages : 1307 pages
Book Rating : 4.7/5 (26 download)

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Book Synopsis Constitutional and Administrative Law in New Zealand by : Philip Austin Joseph

Download or read book Constitutional and Administrative Law in New Zealand written by Philip Austin Joseph and published by . This book was released on 2007 with total page 1307 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONSTITUTIONAL AND ADMINISTRATIVE LAW IN NEW ZEALAND, 3rd edition is the authoritative text on public law in New Zealand. It is an essential reference for law students, legal practitioners, in-house counsel and public sector advisors. This edition represents a thorough revision of materials that explicate developments since 2001, when the second edition was published. It covers the entire range of subjects that map modern public law. This edition continues the high scholarly standards, ease of reference and readability of the previous editions. The author, Philip A Joseph, is an acknowledged authority on New Zealand constitutional and administrative law.

James and Wells Intellectual Property Law in New Zealand

Author : Ian Finch
Publisher :
ISBN 13 : 9780864726117
Total Pages : 714 pages
Book Rating : 4.7/5 (261 download)

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Book Synopsis James and Wells Intellectual Property Law in New Zealand by : Ian Finch

Download or read book James and Wells Intellectual Property Law in New Zealand written by Ian Finch and published by . This book was released on 2007 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Joseph on Constitutional and Administrative Law

Author : Philip Austin Joseph
Publisher :
ISBN 13 : 9781988553467
Total Pages : 1622 pages
Book Rating : 4.5/5 (534 download)

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Book Synopsis Joseph on Constitutional and Administrative Law by : Philip Austin Joseph

Download or read book Joseph on Constitutional and Administrative Law written by Philip Austin Joseph and published by . This book was released on 2021 with total page 1622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Joseph's Constitutional and Administrative Law in New Zealand is one of the most recognised legal treatise titles in New Zealand. Now entering its fifth edition, this perennial text has been modernised with the new title Joseph on Constitutional and Administrative Law. The new edition builds on the strengths of earlier editions, coupling historical and contemporary analyses of public law principles, while also including a new exploratory chapter on Tikanga Maori and the law.

Can Human Rights Survive?

Author : Conor Gearty
Publisher : Cambridge University Press
ISBN 13 : 131645052X
Total Pages : 192 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis Can Human Rights Survive? by : Conor Gearty

Download or read book Can Human Rights Survive? written by Conor Gearty and published by Cambridge University Press. This book was released on 2006-05-18 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this set of three essays, originally presented as the 2005 Hamlyn Lectures, Conor Gearty considers whether human rights can survive the challenges of the war on terror, the revival of political religion, and the steady erosion of the world's natural resources. He also looks deeper than this to consider the fundamental question: How can we tell what human rights are? In his first essay, Gearty asks how the idea of human rights needs to be made to work in our age of relativism, uncertainty and anxiety. In the second, he assesses how the idea of human rights has coped with its incorporation in legal form in the UK Human Rights Act, arguing that the record is much better and more democratic than many human rights enthusiasts allow. In his final essay, Gearty confronts the challenges that may destroy the language of human rights for the generations that follow us.

New Zealand Land Law

Author :
Publisher :
ISBN 13 : 9781988504698
Total Pages : 1681 pages
Book Rating : 4.5/5 (46 download)

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Book Synopsis New Zealand Land Law by :

Download or read book New Zealand Land Law written by and published by . This book was released on 2017 with total page 1681 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The third edition of New Zealand Land Law is a comprehensive treatment of all the major topics in this area of law. Written by a team of expert authors, the text provides both practical guidance and critical analysis of all the major topics in this area of law. It also discusses the key developments to the law that have occurred since the publication of the 2nd edition in 2009 and provides up to date commentary on the land transfer and unit titles regimes. It also explores important changes that have occurred in relation to discrete areas of land law such as caveats, mortgages, sale of land and leases. For these reasons the book continues to be an invaluable reference work for conyeyancers, legal executives, judges, students."--Publisher's description.

The Legal Protection of Rights in Australia

Author : Matthew Groves
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919821
Total Pages : 448 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Legal Protection of Rights in Australia by : Matthew Groves

Download or read book The Legal Protection of Rights in Australia written by Matthew Groves and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.

The Oxford Handbook of the Australian Constitution

Author : Cheryl Saunders
Publisher : Oxford University Press
ISBN 13 : 0191058319
Total Pages : 950 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of the Australian Constitution by : Cheryl Saunders

Download or read book The Oxford Handbook of the Australian Constitution written by Cheryl Saunders and published by Oxford University Press. This book was released on 2018-03-01 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.

Routledge Handbook of Mental Health Law

Author : Brendan D. Kelly
Publisher : Taylor & Francis
ISBN 13 : 1000984915
Total Pages : 756 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Routledge Handbook of Mental Health Law by : Brendan D. Kelly

Download or read book Routledge Handbook of Mental Health Law written by Brendan D. Kelly and published by Taylor & Francis. This book was released on 2023-10-12 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.

Commonwealth Caribbean Law and Legal Systems

Author : Rose-Marie Belle Antoine
Publisher : Routledge
ISBN 13 : 1135333858
Total Pages : 487 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Commonwealth Caribbean Law and Legal Systems by : Rose-Marie Belle Antoine

Download or read book Commonwealth Caribbean Law and Legal Systems written by Rose-Marie Belle Antoine and published by Routledge. This book was released on 2008-06-03 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean. The author explores: - the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.

The New Zealand Bill of Rights

Author : Paul Rishworth
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 908 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The New Zealand Bill of Rights by : Paul Rishworth

Download or read book The New Zealand Bill of Rights written by Paul Rishworth and published by Oxford University Press, USA. This book was released on 2003 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.