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Sailing in a New Direction? Papers published in honour of Dame Sian Elias, 2019 edition

Sailing in a New Direction? Papers published in honour of Dame Sian Elias, 2019 edition

Mount, S; Harris, M, 2019

Available Formats

Format ISBN Price
Book 9781988546070 $85.00

Forthcoming
Publication Date: September, 2019

 

A powerhouse of national and international contributors honour the 20-year-tenure of retired Chief Justice Dame Sian Elias.

 

Format: Paperback

Once published, this title will also be available in eBook format.
eISBN: 9781988546094

Description

This book contains the published collection of the conference papers discussed by each panel of speakers.


Nine significant topics are covered:
- Law and Power on the Frontier
- Common Law Constitutionalism
- Where to for Indigenous Rights and Reconciliation
- Environmental Justice and Climate Change
- Topics in Private Law
- The Supervisory Jurisdiction and Administrative Justice
- Criminal Law
- Human Rights
- Judging

 

Features

- The only published collection of papers presented at the retirement conference for Dame Sian Elias.
- Includes a broad range of topics and perspectives from leading practitioners and academics from New Zealand and abroad.
- Compact and concise – perfect for your briefcase or bookshelf.

 

Related Titles

- Stockley & Littlewood The New Zealand Supreme Court: The First Ten Years, 2015
- Ekins Modern Challenges to the Rule of Law, 2011
- Taylor Judicial Review A New Zealand Perspective, 4th edition, 2018

Author

Simon Mount QC LLB(Hons), LLM (Auckland), LLM (Columbia) is a barrister specialising in public law, litigation, regulatory and health law. Simon began his career as a judges’ clerk in 1995, received a Fulbright Scholarship in 1997 and an LLM degree from Columbia Law School, New York in 1999. He taught part time at the University of Auckland Law Faculty from 2002 to 2016, was a litigator and Crown prosecutor in Auckland from 2000 to 2010 and has appeared at all levels in the New Zealand court system. He was the director of the Legal Research Foundation from 2010 to 2014 and was a co-organiser of the conference in honour of Chief Justice Elias for the Legal Research Foundation.


Max Harris BA/LLB(Hons)(Auckland), BCL(Oxford), MPP (Oxford) is a DPhil (PhD) student at the University of Oxford and an examination fellow at All Souls College. He was clerk to Chief Justice Elias at the Supreme Court of New Zealand from 2011 until 2012. Max was a New Zealand Rhodes Scholar in 2012, and since completing postgraduate study at the University of Oxford he has held positions at the United Nations Development Programme and in the British Parliament. He is also the author of the book, The New Zealand Project (2017, Bridget Williams Books). He is admitted as a barrister and solicitor of the High Court of New Zealand.

Table of Contents

Law and Power on the Frontier
- ‘Colonial land dispossession in comparative perspective’ – Stuart Banner
- ‘Foundation’ – Ned Fletcher
- ‘The elephant in the court room: An essay on the judiciary’s silence on the legitimacy of the New Zealand state’ – Claire Charters
Common Law Constitutionalism
- ‘Common law constitutionalism under a codified constitution’ – Cheryl Saunders
- ‘The principle of legality, sovereignty and the structure of the constitution’ – Janet McLean
Where to for Indigenous Rights and Reconciliation?
- Transcript from Dr Moana Jackson
- ‘The Treaty of Waitangi as a “contract”? A personal journey’ – Sir Ken Keith
Environmental Justice and Climate Change
- ‘Climate change at the courts: The role of the judiciary in cases related to climate change’ – Christina Voigt
- ‘Environmental justice: Thoughts on climate litigation in New Zealand’ – Davey Salmon
- ‘The wheel turns full circle’ – Hon Tony Randerson QC
Topics in Private Law
- ‘The place of unjust enrichment in New Zealand law’ – Hon Dame Susan Glazebrook
- ‘The release fee as a remedy for breach of contract: The judgment of Elias J in cash handling in the light of Morris-Garner’ – Peter Watts QC
- ‘Contract and tort: A joint venture of judges and parliament’ – John Burrows QC
The Supervisory Jurisdiction and Administrative Justice
- ‘Thinking about administrative law in Canada: From doctrine to principle’ – Hon Justice Rosalie Abella
- ‘New Zealand administrative law: Simplicity gained – or lost?’ Rodney Harrison QC
Criminal Law
- ‘What to avoid: The American experience of sentencing’ – Judge Nancy Gertner
- ‘Dame Sian Elias and criminal law’ – Kris Gledhill
Human Rights
- ‘Contemporary challenges for human rights: A view from South Africa’ – Kate O’Regan
- ‘Human rights without an enacted statement of rights’ – Hon Chief Justice Susan Kiefel
Judging
- ‘Remarks in honour of Chief Justice Elias’ – Sir Anthony Mason
- ‘The citation of foreign law’ – Jeremy Waldron
- ‘Winkelmann J and panel discussion’

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