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.

by Simon Mount KC (Editor) , Max Harris (Editor)

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Book
ISBN/ISSN: 9781988546070
Release Date: December 20, 2019
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ISBN/ISSN: 9781988546094
Release Date: December 20, 2019
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ISBN/ISSN: NZSIN19RSU
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

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

Simon Mount KC
Max Harris

Simon Mount KC

Simon Mount KC LLB(Hons), LLM (Auckland), LLM (Columbia) is a barrister specialising in public law, litigation, regulatory and health law. Simon began his career as a judges' clerk in 1995, received a Fulbright Scholarship in 1997 and an LLM degree from Columbia Law School, New York in 1999. He taught part time at the University of Auckland Law Faculty from 2002 to 2016, was a litigator and Crown prosecutor in Auckland from 2000 to 2010 and has appeared at all levels in the New Zealand court system. He was the director of the Legal Research Foundation from 2010 to 2014 and was a co-organiser of the conference in honour of Chief Justice Elias for the Legal Research Foundation.

View all books by Simon Mount KC (1)

Max Harris

Max Harris BA/LLB(Hons)(Auckland), BCL(Oxford), MPP (Oxford) is a DPhil (PhD) student at the University of Oxford and an examination fellow at All Souls College. He was clerk to Chief Justice Elias at the Supreme Court of New Zealand from 2011 until 2012. Max was a New Zealand Rhodes Scholar in 2012, and since completing postgraduate study at the University of Oxford he has held positions at the United Nations Development Programme and in the British Parliament. He is also the author of the book, The New Zealand Project (2017, Bridget Williams Books). He is admitted as a barrister and solicitor of the High Court of New Zealand.

View all books by Max Harris (1)

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
 

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