The promise of law : essays marking the retirement of Dame Sian Elias as Chief Justice of New Zealand / [edited by] Simon Mount and Max Harris.

Wellington : LexisNexis NZ, 2020.

1st edition

89969

Elias, Sian.

Law -- Congresses.

1. Introduction

2. Common law constitutionalism under a codified constitution

3. The principle of legality, sovereignty and the structure of the constitution

4. Colonial land dispossession in comparative perspective

5. Foundation

6. The elephant in the court room: an essay on the judiciary's silence on the legitimacy of the New Zealand state

7. Co-existence in Aotearoa?

8. The Treaty of Waitangi as a "contract"? A personal journey

9. Climate change at the courts: the role of the judiciary in cases related to climate change

10. Thoughts on climate litigation in New Zealand

11. The wheel turns full circle

12. The place of unjust enrichment in New Zealand law

13. The release fee as a remedy for breach of contract - the judgement of Elias J in cash handling in light of Morris-Garner

14. Contract and tort

a joint venture of judges and Parliament

15. Thinking about administrative law in Canada: from doctrine to principle

16. New Zealand administrative law: simplicity gained - or lost?

17. What to avoid: the American experience of sentencing

18. Chief Justice Elias and the criminal law

19. Criminal law

20. Contemporary challenges for human rights: a view from South Africa

21. Human right without an enacted statement of rights

22. Judging

23. The citation of foreign law

24. Panel discussion: judging.

A powerhouse of national and international contributors honour the 20-year-tenure of retired Chief Justice Dame Sian Elias. This book contains the published collection of the conference papers discussed by each panel of speakers. Nine significant topics are covered: Law and Power on the Frontier; Common Law Constitutionalism; Where to for Indigenous Rights and Reconciliation; Environmental Justice and Climate Change; Topics in Private Law; The Supervisory Jurisdiction and Administrative Justice; Criminal Law; Human Rights; Judging. - Publisher's website.

Includes bibliographical references and index.

9781988546070

xx, 497 p. ; 24 cm