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

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

NZD$ 85.00
Release Date:
ISBN/ISSN: 9781988546094

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

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


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

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


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