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.
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
- 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.
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
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
- ‘What to avoid: The American experience of sentencing’ – Judge Nancy Gertner
- ‘Dame Sian Elias and criminal law’ – Kris Gledhill
- ‘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
- ‘Remarks in honour of Chief Justice Elias’ – Sir Anthony Mason
- ‘The citation of foreign law’ – Jeremy Waldron
- ‘Winkelmann J and panel discussion’