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
Release Date: December 20, 2019
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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

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