The Principle Of Legality In Australia And New Zealand
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The Principle Of Legality In Australia And New Zealand
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Author : Matthew Groves
language : en
Publisher:
Release Date : 2017-03-20
The Principle Of Legality In Australia And New Zealand written by Matthew Groves and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-20 with Justice, Administration of categories.
In this age of statutes and human rights the common law principle of legality has assumed a central importance. The principle holds that unless Parliament makes unmistakably clear its intention to curtail or abrogate a common law right, freedom or principle, the courts will not construe a statute as having that operation. As Lord Hoffmann famously observed, this "means that Parliament must squarely confront what it is doing and accept the political cost".The principle of legality is now central to the operation of Australian and New Zealand public law. Yet its content, methodology and scope remain elusive and has never been examined in detail. This book fills that gap by drawing together leading judges, practitioners and scholars to explore a range of interesting issues and challenges for the application of the principle of legality and its future trajectory: How does the principle operate? Which rights and freedoms fall within its scope and why? What is its relationship to the (so-called) common law bill of rights? Has proportionality a role to play in its application? How, if at all, does it differ from the presumption with international law? And in the construction of statutes does the principle serve to fulfil or frustrate the will of Parliament?
Caveats Against Dealings In Australia And New Zealand
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Author : Shannon Lindsay
language : en
Publisher: Federation Press
Release Date : 1995
Caveats Against Dealings In Australia And New Zealand written by Shannon Lindsay and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
This work has been written by a practitioner for the benefit of practitioners.The two introductory chapters deal with broad general principles and conceptual issues such as what is a caveat? and what is a caveatable interest? but the bulk of the book is taken up by an encyclopaedic analysis of all of the reported Australian and New Zealand cases touching upon caveats. Essentially this book is intended to function as a road map for practitioners to the reported cases, guiding them to cases involving similar facts, and breaking the issues up in a way that matches the practical problems with which they must deal.Chapters which follow on from the general introductory chapters:list all the recognised categories of situations where there is a caveatable interestdeal with defects in the drafting of caveatsdescribe the procedures available to a registered proprietor or other interested person for freeing the title from the caveatanalyse the criteria for a successful action for compensation for wrongful lodgement of a caveatexplain the role of caveats in determining equitable prioritiesThere is also a brief chapter dealing with the assessment of stamp duty on caveats.
The Law Of Sale Of Goods In Australia And New Zealand
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Author : Kenneth Coleridge Turvey Sutton
language : en
Publisher: Law Book Company, Limited
Release Date : 1971
The Law Of Sale Of Goods In Australia And New Zealand written by Kenneth Coleridge Turvey Sutton and has been published by Law Book Company, Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Business & Economics categories.
New Zealand Constitution
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Author : Bruce Harris
language : en
Publisher:
Release Date : 2018-12-31
New Zealand Constitution written by Bruce Harris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-31 with categories.
Written by constitutional law specialist Bruce Harris, New Zealand Constitution An Analysis in Terms of Principles, is a unique commentary on New Zealand's unwritten constitution. The book, is written around sixteen fundamental principles, on which, in the author's view, the New Zealand constitution is built. The commentary on each principle is used to explain, analyse and critique the complex system of law and conventions that make up the constitution. The objective is to ensure that readers understand the New Zealand constitution as providing the foundation for an integrated system of stable government and an ordered society. This systematic approach to explaining the architecture of the constitution, is based on the authors more than forty years of experience of teaching and researching New Zealand constitutional law. The result is not only a clearly written and highly accessible text explaining the fundamentals of the New Zealand system of government, but also an indispensable learning tool for law students studying public law, political studies students, legal practitioners, judges, members of parliament, persons working in government and members of the community generally.
Understanding Administrative Law In The Common Law World
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Author : Paul Daly
language : en
Publisher: Oxford University Press
Release Date : 2021
Understanding Administrative Law In The Common Law World written by Paul Daly and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Proceedings Of The Australian And New Zealand Society Of International Law
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Author : Australian and New Zealand Society of International Law
language : en
Publisher:
Release Date : 1935
Proceedings Of The Australian And New Zealand Society Of International Law written by Australian and New Zealand Society of International Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with International law categories.
Foreign Relations Law
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Author : Campbell McLachlan
language : en
Publisher: Cambridge University Press
Release Date : 2014-09-04
Foreign Relations Law written by Campbell McLachlan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-04 with Law categories.
What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system. Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.
Introduction To The New Zealand Legal System
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Author : Raymond Douglas Mulholland
language : en
Publisher:
Release Date : 1985
Introduction To The New Zealand Legal System written by Raymond Douglas Mulholland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
The New Zealand Legal System
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Author : Morag McDowell
language : en
Publisher: Butterworths
Release Date : 2002
The New Zealand Legal System written by Morag McDowell and has been published by Butterworths this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Third edition significantly updates the chapter on statutory interpretation and introduces a new chapter on the legal profession. Topics covered include: the functions and concept of law; classifications and sources of law; constitutional principles; the Treaty of Waitangi; the Courts; Statutory interpretation; the legal profession; case law; logic and legal reasoning; legal writing; legal materials and reading cases.
Legal Professional Privilege
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Author : Jonathan Auburn
language : en
Publisher:
Release Date : 2000
Legal Professional Privilege written by Jonathan Auburn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Attorney and client categories.
In the Commonwealth, the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate chan.