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Full-Text Articles in Law
Members Of Parliament’S Privileges And Subjects’ Protection From Libel, Noel Cox
Members Of Parliament’S Privileges And Subjects’ Protection From Libel, Noel Cox
Noel Cox
In Buchanan v Jennings [2002] 3 NZLR 145 (CA); [2004] UKPC 36; [2005] 2 All ER 273 (New Zealand PC) the Judicial Committee of the Privy Council, on appeal from the Court of Appeal of New Zealand (unanimously) held that a Member of Parliament may be held liable in defamation if the member makes a defamatory statement in the House of Representatives and later affirmed the statement (without repeating it) on an occasion which was not protected by parliamentary privilege. The statement in the House was covered by absolute privilege in the Defamation Act 1992 (N.Z.) and the Bill of …
Peerage Privileges Since The House Of Lords Act 1999, Noel Cox
Peerage Privileges Since The House Of Lords Act 1999, Noel Cox
Noel Cox
The recent and ongoing reform of the House of Lords in the United Kingdom, which has thus far seen the passage of the House of Lords Act 1999, which excluded almost all hereditary peers and peeresses from the House, has focused attention upon the appointment process for membership of the upper house, whether hereditary, appointed, or elected. Less attention has been paid to the role of the peerage. Though officially it is said that any proposals for substantial reform of the composition of the Lords will have to look at the Lords’ role, powers and procedures and its relationship with …
Hard And Soft Constitutionalism, Noel Cox
Hard And Soft Constitutionalism, Noel Cox
Noel Cox
This article looks at some of the theories that have been posited to help explain the rise and fall of civilisations. This article introduces the concept of the hard and soft constitution. Briefly, this is the principle that the flexibility of the constitution – it liberality – has a direct effect upon the success or failure of the state. The more flexible (or soft) the constitution the greater is the likelihood of success, as flexibility requires the development of shared power, dynamic tension, yet an overall cohesion that brings much needed political, social and economic stability.
The Legitimacy Of Government And The Normative Influence Of The Crown On A Political Construct, Noel Cox
The Legitimacy Of Government And The Normative Influence Of The Crown On A Political Construct, Noel Cox
Noel Cox
The Crown holds the conceptual place held by the State in those legal systems derived from or influenced by the Roman civil law. Not only does the Crown provide a legal basis for governmental action, but it provides some of the legal and political legitimacy for such action. The first section of this paper looks at what is meant by legitimacy, and its place in the constitutional order. The second section looks at challenges to this legitimacy. The third section examines the concept of the rule of law and the normative effect of the Crown, and how this has influenced …
The Rise And Fall Of States: Some Constitutional Modelling, Noel Cox
The Rise And Fall Of States: Some Constitutional Modelling, Noel Cox
Noel Cox
From Gibbons’ Decline and Fall of the Roman Empire, onwards – and indeed even earlier – there have been various attempts to explain the apparent mystery of why some civilisations rose and fell, apparently without reason, or at least without reasons that were readily apparent to the later observer (or indeed to the contemporary observer). Some of these studies have sought to identify key political or military influences – or the advent of a new technology – as affecting success or failure. Others have emphasised structural elements, such as the existence or absence of critical environmental factors. In a comparatively …