20 February 2008

NineToNoon: Constitutional Change, the Queen, and the Republic

I was on Kathryn Ryan's show today discussing some of the constitutional issues about changing our Head of State: > NineToNoon: "Law, Dean Knight" (20.02.2008) [mp3] (or streaming audio) Below are some relevant sources: - Geoffrey Palmer and Matthew Palmer, Bridled Power: New Zealand's Constitution and Government (2004, OUP, Oxford), Chapter 4, "The Monarchy: When Will New Zealand Become a Republic?" 52 - Raymond Miller (ed), New Zealand Government & Politics (4 ed, 2006, OUP, Oxford), Chapter 2.2, Bruce V Harris, "Constitutional Change" 115 & Noel Cox and Raymond Miller, "Head of State" 130. - Philip A Joseph, Constitutional and Administrative Law (3 ed, 2007, Brookers, Wellington), Chapter 16, "The Crown" 583 - Colin James (ed), Building a Constitution (Institute of Policy Studies, Wellington, 2000), Chapter 11, Andrew Ladley, "Who Should be Head of State?", 267-275 - F M Brookfield, "Republican New Zealand: Legal Aspects and Consequences" [1995] NZ Law Review 310 - B V Harris, "The Constitutional Future of New Zealand" [2004] NZ Law Review 269 - Matthew SR Palmer, "What is New Zealand's constitution and who interprets it? Constitutional realism and the importance of public office-holders" (2006) 17 Public Law Review 133 - Matthew SR Palmer, "New Zealand Constitutional Culture" (2007) 22 New Zealand Universities Law Review 565 - Constitutional Arrangements Committtee, Inquiry to review New Zealand's existing consitutional arragements (August 2005).

2 comments:

Graeme Edgeler said...

The audio is also available as a podcast (rather than streaming audio) here:

http://podcast.radionz.co.nz/ntn/ntn-20080220-1130-Law-048.mp3

Dean Knight said...

GE: ta - sorted now...!

Course Outline

Lord Justice Lawton in Maxwell v Department of Trade and Industry [1974] 2 All ER 122 said:

"From time to time ... lawyers and judges have tried to define what constitutes fairness. Like defining an elephant, it is not easy to do, although fairness in practice has the elephantine quality of being easy to recognise. As a result of these efforts a word in common usage has acquired the trappings of legalism: 'acting fairly' has become 'acting in accordance with the rules of natural justice', and on occasion has been dressed up with Latin tags. This phrase in my opinion serves no useful purpose and in recent years it has encouraged lawyers to try to put those who hold inquiries into legal straitjackets.... For the purposes of my judgment I intend to ask myself this simple question: did the [decision-maker] act fairly towards the plaintiff?"


This course examines the elephantine concept of fairness in the law, along with other contemporary legal issues.

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