24 May 2009

Boobs on Bikes, Bylaws and the Bill of Rights

You might have realised that I'm on light blogging duties at the moment. It's the peak of teaching for the year, which is quite unfortunate given all the fascinating public and constitutional law issues floating around at the moment

And, the light blogging is also because I'm been working on some more substantive research. One of these projects is a paper and presention to the LexisNexis Local Government Legal Forum in Auckland last week on the Boobs on Bikes parade and unsuccessful injunction:

> Dean R Knight "Boobs on Bikes, Bylaws and the Bill of Rights" (Working Paper presented to LexisNexis Local Government Legal Forum, Auckland, May 2009).

As usual, comments and feedback welcomed.

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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