Law Commons^™

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 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

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.

Ministerial Responsibility And Chief Executive Accountability: The Implications Of The Better Public Services Reform Programme, Matthew S. R. Palmer Qc

The Hon Justice Matthew 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 …

Book Review Of Counter-Terrorism: The Culture Of Law And Justice After 9/11, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

This is a largely complimentary book review focussing on the theme of law and culture in the context of counter-terrorism law.

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.

"Open The Doors And Where Are The People?: Constitutional Dialogue In The Shadow Of The People", Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The Treaty Of Waitangi In New Zealand's Law And Constitution, Reviewed By Sir Edmund Thomas, Matthew S. R. Palmer

The Hon Justice Matthew 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 Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

Toward An Economics Of Comparative Political Organization: Examining Ministerial Responsibility, Matthew S. R. Palmer

The Hon Justice Matthew 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 …