Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Human Rights And Social Policy In New Zealand, Claudia Geiringer, Matthew S. R. Palmer
Human Rights And Social Policy In New Zealand, Claudia Geiringer, Matthew S. R. Palmer
The Hon Justice Matthew Palmer
This article aims to facilitate debate about the implications for New Zealand social policy making of taking a rights-based approach. It does so by exploring the sources and scope of New Zealand’s international human rights obligations, particularly in relation to economic, social and cultural rights. It identifies a range of constraints on social policy making deriving from these obligations and suggests that explicit and systematic attention to these constraints constitutes the essence of a rights-based approach to social policy making. Finally, the article comments on the adequacy of existing processes and structures of New Zealand government for giving effect to …
What Is Distinctive About Terrorism And Anti-Terrorism Law?, Matthew S. R. Palmer
What Is Distinctive About Terrorism And Anti-Terrorism Law?, Matthew S. R. Palmer
The Hon Justice Matthew Palmer
Criminal offending and terrorist offending are similar in quality – the acts which constitute such offending are similar, and should be subject to similar levels of protection of civil and political rights. This is how a democracy should respond to domestic terror threats. To the extent that we are particularly concerned about the motivation of terrorists in challenging the very maintenance of public order by a state, we should reflect that concern in the penalties we impose on such proven offending, not in giving in to the temptation of lower burdens of proof of the existence of the offending or …
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.