Chief Justice Popham, Mistris Line, and Will Shakespeare On Them Both
Bernard Brown
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Did William Shakespeare create a poem chiefly to indicate, under necessary camouflage, an aversion to Chief Justice Popham’s treatment of a young Catholic woman? Building upon the research of Finnis and Martin, et al, the author examines aspects of Popham’s parliamentary and judicial careers in relation to that event and others that raise questions about his suitability to high office, and about the character of adjudication at the cusp of the seventeenth century.
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The Role for Underlying Constitutional Principles in a Bill of Rights World
David Mullan |
Structurally, the written constitutions of New Zealand, Canada, and Australia are quite divergent, especially in respect of the constitutional enshrining of fundamental rights and freedoms. Notwithstanding this fact, there has been vigorous academic and judicial debate in each of those countries as to the place of underlying constitutional principles with the capacity to impose limitations on legislative capacities not found specifically in, or by ready inference from, the text or language of the constitution itself. Indeed, the author argues that, despite the formal and, indeed, substantive differences among the three constitutional texts, there is much in common in the content of that debate in each jurisdiction. Most easily linked in each instance to the text of the constitution itself are arguments based on the imperatives of a parliamentary democracy. More challenging, but critical, are those contentions for limitations on parliamentary supremacy that are derived from conceptions of fundamental human rights. Here, the author identifies some of the various strands of argument advanced in support of such an approach and suggests that there is still much work to be done both in theory and in the courts. This is so even in the case of Canada with its entrenched bill of rights, as well as in New Zealand, despite the deliberate political decision there not to have an entrenched bill of rights. |
The Judicial Appointment Process
David AR Williams QC |
This is an edited version of a paper presented to the Annual Conference of the new Zealand bar Association in August 2003 at Queenstown. David Williams QC examines the need for a judicial appointments commission in New Zealand, the different models for such a commission, and related issues such as the possibility of temporary judicial appointments. In so doing he draws upon the practices of several other common law jurisdictions in which these issues have been, or are being, resolved. |
Reviews |
Arbitration and Dispute Resolution: David AR Williams QC
Company Law: Peter Watts
Contract Law: Andrew Beck
Evidence: Richard Mahoney
Health Care Law: Part 1: Common Law Developments: Joanna Manning
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2004 PART I
