27 June 2013

Gillard, Rudd, and mid-term transitions

For the record (if the Rudd coup d'├ętat happened in NZ):

1. The change of leadership triggers a change of PM without a change of government. As incumbent PM but ousted leader, Gillard is obliged to advise the GG of her resignation and the identity of her successor (as reached in accordance with the internal political processes of the Labor party) (cl 6.51).

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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