Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutions (7)
- Indigenous Peoples (3)
- Constitution (2)
- Law & Policy (2)
- New Zealand (2)
-
- New Zealand constitution (2)
- Rule of Law (2)
- Treaty of Waitangi (2)
- Attorney-General (1)
- Comparative constitutionalism (1)
- Constitutional Dialogue (1)
- Constitutional culture (1)
- Constitutional design (1)
- Constitutional law (1)
- Court performance (1)
- Declaration on the Rights of Indigenous Peoples (1)
- Free and Frank advice (1)
- Indigenous rights (1)
- Judicial independence (1)
- Judiciary (1)
- Law and Policy (1)
- Law officers (1)
- Law, Economics and Organization (1)
- New Zealand Constitution (1)
- Political economy (1)
- Public Service (1)
- Role of Judiciary (1)
- Rule of law (1)
- Solicitor-General (1)
- The Crown (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
The Treaty Of Waitangi In New Zealand's Law And Constitution In 2015, Matthew S. R. Palmer Qc
The Treaty Of Waitangi In New Zealand's Law And Constitution In 2015, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
This lecture addresses issues concerning the place of the Treaty of Waitangi, including: implications of the Waitangi Tribunal's conclusions on sovereignty; the rationale behind historical Treaty settlements; and the future role of the Waitangi Tribunal.
The Status And Effect In New Zealand Law Of The Declaration On The Rights Of Indigenous Peoples, Matthew S. R. Palmer Qc
The Status And Effect In New Zealand Law Of The Declaration On The Rights Of Indigenous Peoples, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
This paper outlines the ways in which the Declaration on the Rights of Indigenous Peoples is reflected in, and affects, New Zealand domestic law.
The Place Of The Judiciary In The Constitutional Culture Of New Zealand, Matthew S. R. Palmer Qc
The Place Of The Judiciary In The Constitutional Culture Of New Zealand, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
New Zealand constitutional culture is dominated by the political branches of government: representative democracy and parliamentary sovereignty are perhaps the two most fundamental New Zealand constitutional norms. The judiciary has historically occupied an inferior, residual role with a relatively inaudible voice in constitutional dialogue. Against this context the paper explores the position of the judiciary in contemporary New Zealand constitutional culture. It concludes that it would take a striking judicial decision, consistent with public opinion, against government action, to invigorate popular support for the judicial branch of government. The normative prescription for the institutional health of the judicial branch is …
The Importance Of Free And Frank Advice From The Public Service, Matthew S. R. Palmer Qc
The Importance Of Free And Frank Advice From The Public Service, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
There has been a systematic diminution in the quality of policy advice in the New Zealand executive government between about 1998 and 2008. That has been associated with a diminution in the willingness of public servants to provide free and frank advice. Leadership at senior political and bureaucratic levels is required to address this as well as cultural change throughout the policy capacity of the New Zealand public service.
Assessing The Strength Of The Rule Of Law In New Zealand, Matthew S. R. Palmer Qc
Assessing The Strength Of The Rule Of Law In New Zealand, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
The rule of law is fundamental to New Zealand’s legal system but its content is inadequately understood and observed. This paper calls for the rule of law in New Zealand to be clarified, strengthened and applied. The article offers an essentialised conception of the rule of law that might cross ideological divides and assesses recent Acts of Parliament against that conception. Finally, the article comments on the place of the rule of law in New Zealand’s constitutional culture and calls for its strengthening by establishment of an independent means of assessing draft legislation for consistency with the rule of law.
Public Reporting Of Courts’ Performance – How Is This Best Achieved?, Matthew S.R. Palmer
Public Reporting Of Courts’ Performance – How Is This Best Achieved?, Matthew S.R. Palmer
The Hon Justice Matthew Palmer
In this address Matthew Palmer suggests: 1 The disclosure of information, probably more information than the judiciary feels comfortable disclosing, in a simple, straightforward, unvarnished way, is essential to the medium term constitutional legitimacy of the judiciary. 2 Judges, public servants and politicians speak different languages. Recognising the differences is the first step to a better understanding of, and communication with, each other and, perhaps to mitigating the potential for constitutional conflicts to get out of hand. 3 It’s not constitutionally appropriate for the executive or legislative branches of government to decide, over the wishes of the judiciary, on the …
What Place Does The Treaty Have In New Zealand's Constitutional Arrangements?, Matthew S.R. Palmer
What Place Does The Treaty Have In New Zealand's Constitutional Arrangements?, Matthew S.R. Palmer
The Hon Justice Matthew Palmer
In this address Matthew Palmer makes suggestions about how the Treaty of Waitangi should be reflected in New Zealand's constitutional arrangements.
The Law Officers And Departmental Lawyers, Matthew S. R. Palmer
The Law Officers And Departmental Lawyers, Matthew S. R. Palmer
The Hon Justice Matthew Palmer
This short article explains the constitutional relationship between the law officers of the Crown and departmental lawyers in New Zealand.
The Languages Of Constitutional Dialogue: Bargaining In The Shadow Of The People, Matthew S. R. Palmer
The Languages Of Constitutional Dialogue: Bargaining In The Shadow Of The People, Matthew S. R. Palmer
The Hon Justice Matthew Palmer
The 2007 Bora Laskin Annual Lecture at Osgoode Hall Law School analyzes law and policy as different languages in which the judicial and political branches of government speak and think - the languages of law and policy. It asks what the languages should be in which constitutional dialogue is conducted and, in particular, whether judges should always be required to be legally trained.
Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer
Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer
The Hon Justice Matthew Palmer
The dissertation takes a political economy approach to constitutional design and legislation in the Westminster (Cabinet) and US (Congressional) models of government. Part I develops the economics of comparative political organization by constructing a theoretical framework for analyzing constitutional design. Part II applies the framework to distinguish the essences of the Cabinet and Congressional systems of constitutional design in the contexts of US and Canadian federal government. Part III analyzes the effects of the different constitutional designs on the processes of legislating in each system and on the substantive characteristics of legislation in each system. The analysis is subjected to …