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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.
We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti
We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti
Tom Ginsburg
No abstract provided.
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 …