Judicial Review: Practical Lessons, Insights and Forecasts

Earlier this year, I presented a paper to a conference of government lawyers.  It is now available as a working paper:



- Dean R Knight "Judicial Review: Practical Lessons, Insights and Forecasts" (Working Paper VUW-NZCPL-002, Wellington, April 2010)
It contains - like, I think, any good sermon - three key points:
1. The discipline of judicial review is confusing and uncertain, particularly in some key areas, such as substantive review, review involving human rights or review in areas where the state has departed from the classic model of undertaking public functions.
2. Recognising that the courts are grappling with competing tensions of vigilance and restraint is a better way of understanding the great morass of judicial review cases.
3. Across all grounds of review, there is a reasonably common set of contextual factors which feed into the balance between vigilance and restraint.
As usual, comments, feedback, or rotten tomatoes welcomed!

BIG SNAPS: Courts (Remote Participation) Bill

It was pleasing to hear reports of some mature law-making last night.

Labour, Green, and Maori MPs had been arguing against the use of remote video links for substantive criminal trials without the consent of the accused.  Although the government had the numbers to pass the Bill (we assume, although the voting patterns of the ACT party are never predictable), reports are that the Minister, Hon Simon Power, was "persuaded" by the strength of the debate and proposed a handwritten SOP to amend the Bill to address this.

On its face, it looks like mature and responsive law-making, where the merits of the case are at the forefront.  An examplar for our MMP multi-party legislature.  "Big snaps" to all involved.