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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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
- 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
Table of contents
Sir Stephen Sedley
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
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
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
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
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