This paper concerns constitutional review of legislation, a widely discussed issue within comparative constitutional law. Specifically, this paper addresses the issue of the lack of democratic legitimacy that U.S. style ...

This paper explores the idea of judicially enforceable socio-economic rights for children in New Zealand. Child poverty is an issue that has received increasing attention in New Zealand in recent years, and judicial ...

The well-documented Wool Board Disestablishment Co v Saxmere Co litigation thrust the often dormant issue of conflicts of interest between a judge and a litigant into the limelight. Now that the dust has settled on the ...

The aim of this paper is to explore the role of judicial review of legislation in the UK from a legal constitutionalist’s point of view. After having introduced the reader to the origins of judicial review of legislation ...

Judicial specialisation is a reality worldwide. The New Zealand judiciary must approach proposals for further specialisation with caution. Although there are compelling arguments in favour of specialisation, there are ...

This paper analysis the issue of jurors conducting their own research when directed not to. In particular it recommends legislating on this issue to provide clarity and certainty, as well as acting as a deterrent in ...

In stark contrast to the transparency of most procedures characteristic of the justice system, decisions by juries are made in private and the reasons for their decisions are kept secret. The jury secrecy rule is considered ...

Māori are tangata whenua (people of the land) of Aotearoa New Zealand. The development, sustenance and transmission of mātauranga Māori (Māori knowledge) requires a relationship between tangata whenua and their taonga ...