Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Public law book touches every aspect of people’s lives

Public law book touches every aspect of people’s lives, Canterbury law expert says

May 2, 2014

Constitutional and administrative law or public law touches every aspect of people’s lives.

It establishes New Zealand as a constitutional monarchy operating under democratic government and the rule of law, University of Canterbury law academic Professor Philip Joseph says.

The fourth edition of his book Constitutional and Administrative Law in New Zealand will be released next week. The Attorney-General, Chris Finlayson QC, is launching the new edition in Wellington on May 8 at the law firm, Russell McVeagh.

Professor Joseph says public law, like rust, never sleeps. His latest edition straddles many developments in public law since the third edition was published in 2007.

``It is in moments of adversity that ordinary folk turn to the law. The Canterbury earthquakes exposed dramatically how much we depend on the law for the protection of rights. The Government’s decision to offer to purchase vacant land and uninsured red zone properties at 50 percent of the 2007 rateable values was challenged in the courts and found to be unlawful.

``Governments are subject to the law and remain accountable in the courts. The new edition of my book explains how governments of every hue and public decision-makers of every type are controlled by law and must respect the civil and political rights of people enshrined in our human rights legislation.

``The rule of law requires that all Ministers of the Crown and public decision-makers comply with the substantive and procedural protections that govern their decision-making powers.

``Public decision-making affecting private rights must be carried out strictly in accordance with law, and the government’s decision did not comply with the earthquake recovery purposes and procedures of the Canterbury Earthquake Recovery Act 2011.

``Likewise, the Minister of Education’s decision to close Phillipstown School was successfully challenged in the High Court, as the court ruled that the minister had failed adequately to consult the Phillipstown community and hence had failed to discharge her procedural duty.’’

Professor Joseph was hampered in publishing his latest edition for more than a year because of ongoing earthquake-related disruptions.

``For lengthy periods following February 22, 2011, the Canterbury Law Faculty was housed in temporary accommodation, without access to library materials, while the law building was remediated.

``The disruptions were frustrating and enervating in equal measure, causing the extended gestation of this edition.’’


Professor Joseph has an international reputation in the fields of constitutional and administrative law. He has produced about 150 publications during his academic career.

Ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell:
On The National Leadership “Contest”

Key’s endorsement of English has turned this “contest” into a race for second place.

This succession was well planned. Lets not forget that English was told by Key in September of his intention to resign, and English was the only member of Cabinet entrusted with that information before it was sprung on everyone else on Monday morning. More>>

Latest: Judith Collins and Jonathan Coleman have withdrawn from the leadership race, leaving Bill English the only candidate to replace John Key as Prime Minister.

 

Education, Marketing, Taxes: Health Groups Call For Actions For Sugary Drinks

The New Zealand Dental Association is launching a new consensus statement on Sugary Drinks endorsed by key health organisations. The actions seek to reduce harm caused by sugary drinks consumption. More>>

ALSO:

More Departures? David Shearer Proposed For UN Peacekeeping Role

Mt Albert MP David Shearer is being proposed for a demanding and exciting role heading the United Nations peacekeeping force in South Sudan, says Labour Leader Andrew Little. More>>

ALSO:

Security Agencies' Reports: GCSB Wants To Give ISPs More Power To Block Threats

The Government Communications Security Bureau wants to give internet service providers more information and power to block cyber threats which are increasing, its director told the intelligence and security select committee yesterday.. More>>

ALSO:

Education: Charter Schools Misleading Pass Rates

Labour: NCEA results for charter schools have been massively overstated... In one case a school reported a 93.3 per cent pass rate when the facts show only 6.7 per cent of leavers achieved NCEA level two. More>>

ALSO:

Rebstock Report Resolution: SSC Apologises To Derek Leask And Nigel Fyfe

Following a complaint by Mr Leask, the Ombudsman found that the State Services Commission acted unreasonably in relation to Mr Leask and identified numerous deficiencies in the investigation process and in the publication of the final report and in the criticisms it contained of Mr Leask... More>>

ALSO:

International Rankings: Student Results 'Show More Resourcing Needed'

NZEI: New Zealand had only held relatively steady in international rankings in some areas because the average achievement for several other OECD countries had lowered the OECD average -- not because our student achievement has improved. More>>

ALSO:

Earlier:

Salvation Army Report: Beyond The Prison Gate Report

A new Salvation Army report says changes must be made to how prisoners re-enter society for New Zealanders to feel safe and secure in their homes and communities. More>>

ALSO:

Surprise Exit: Gordon Campbell On The Key Resignation

The resignation of John Key is one thing. The way that Key and his deputy Bill English have screwed the scrum on the leadership succession vote (due on December 12) is something else again. It remains to be seen whether the party caucus – ie, the ambitious likes of Steven Joyce, Judith Collins, Paula Bennett, and Amy Adams – will simply roll over... More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news