The Promise of Law: Essays marking the retirement of Dame Sian Elias as Chief Justice of New Zealand

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

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ISBN/ISSN: 9781988546070

Product 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

Featured authors

Table of contents

Foreword

Sir Stephen Sedley



Introduction

1. Max Harris and Simon Mount QC

Common Law Constitutionalism

2. Common Law Constitutionalism Under A Codified Constitution – Cheryl Saunders

3. The Principle of Legality, Sovereignty and the Structure of the Constitution – Janet McLean

Beginnings

4. Colonial Land Dispossession in Comparative Perspective – Stuart Banner

5. Foundation – Ned Fletcher

6. The Elephant in the Court Room: an Essay on the Judiciary’s Silence on the Legitimacy of the New Zealand State – Claire Charters

Where to for Indigenous Rights and Reconciliation?

7. Co-existence in Aotearoa? – Justice Joe Williams

8. The Treaty of Waitangi as a Contract – Sir Kenneth Keith

Environmental Justice and Climate Change

9. Climate Change at the Courts: The Role of the Judiciary in Cases Related to Climate Change – Christina Voigt

10. Thoughts on Climate Litigation in New Zealand – Davey Salmon

11. Environmental Justice: The Wheel Turns Full Circle – Tony Randerson

Topics in Private Law

12. The Place of Unjust Enrichment in New Zealand Law – Justice Susan Glazebrook

13. The Release Fee as a Remedy for Breach of Contract – The Judgement of Elias J in Cash Handling in Light of Morris-Garner – Peter Watts QC

14. Contract and Tort, a Joint Venture of Judges and Parliament – John Burrows QC

The Supervisory Jurisdiction and Administrative Justice

15. Thinking About Administrative Law in Cananda: From Doctrine to Principle – Justice Rosalie Abella

16. New Zealand Administrative Law: Simplicity Gained – or Lost? – Rodney Harrison QC

Criminal Law

17. What to Avoid: The American Experience of Sentencing – Nancy Gertner

18. Dame Sian Elias and Criminal Law – Kris Gledhill

19. Chief Justice Elias and Criminal Law – Justice William Young

Human Rights

20. Contemporary Challenged for Human Rights: A View from South Africa – Kate O’Regan

21. Human Right Without an Enacted Statement of Rights – Chief Justice Susan Kiefel

Judging

22. Remarks in Honour of Chief Justice Elias – Sir Anthony Mason

23. The Citation of Foreign Law – Jeremy Waldron

24. Judging – Justice Winkelmann and Panel