2 September 2010

Patriating Our Head of State: A Simpler Path?

I find myself engaged in a "debate" today with Dr Michael Cullen at the Reconstituting the Constitution conference at Parliament - made somewhat awkward by his apparent concession in the weekend papers.

You can watch from the comfort of you own home, as the conference is being streamed:


Our debate kicks off at 11am today, and I'll post our papers here later today.

- Dean R Knight "Patriating Our Head of State: A Simpler Path?"
- Dr Michael Cullen "A Republic for New Zealand? A Modest Approach"

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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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