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

Syriza Win Greek Election: The Rumblings Of The Left

Binoy Kampmark: The left – and by this, the genuine, progressive, unmanagerial left – is getting noisy. The Greek elections are upon us, with the similar challenges being played out from 2012. There are fears of Grexit – a heavy breathing departure from the eurozone that will do everything to rattle the central currency mechanism that has been taking a battering...

Much of this has been triggered by the moral outrage and political response of the left grouping centred on Syriza of Greece. The movement has been said to have similarities to a new constellation of power in Spain, led by Podemos. Syriza, led by Alexis Tsipras, has promised to renegotiate the terms of Greece’s 240 billion euro international bailout arrangements. Both parties point out to the distance between elector and the elected, a creeping death of democratic accountability in favour of market propriety. More>>

 

Transport: Auckland Looks To Light Rail

The Board of Auckland Transport has called for an investigation into a light rail network, which could relieve traffic congestion on some of the region’s busiest roads. This stems from work in 2012 (the City Centre Future Access study) which responded to a government request to develop a robust and achievable solution for access to the CBD. More>>

ALSO:

RMA: Smith's Claims Don't Match Evidence - Greens

The Motu group’s research into the impacts of planning rules looked at the costs related to housing development but not the benefits of environmental protections and does not recommend significant changes to the RMA to reduce the cost of new house builds. More>>

ALSO:

Gordon Campbell: On The Similarities Between John Key And David Cameron

For years now, David Cameron has been the closest available thing to a mentor/analogue to our Prime Minister, such that Key watchers could be interested in an analysis of Cameron that appeared in the British press over the Christmas break. More>>

Gordon Campbell: On Ian Fletcher Resignation & GCSB’s New Role

It may well be that after being shoulder-tapped in Queensland for the GCSB job, three years of living in Wellington has been enough for Fletcher and his family, given that the pending review of the GCSB would have required an even longer commitment from him. Three years of Wellington’s weather is enough for anyone... More>>

ALSO:

Ian Apperley: $10m Or $100m For New Wellington Council IT System?

I feel a Tui Billboard coming on. I commented the other day that it looked like the Council’s Ninth big project was a potential $100 million plus... The Mayor has responded: “I am reassured by the Chief Executive and by Anthony Wilson that the proposed budget is in the region of $10 million.” More>>

ALSO:

Southern Ocean:
Navy Intercepts Illegal Fishing Vessels

Foreign Minister Murray McCully today put illegal fishing vessels operating in the Southern Ocean on notice and vowed to take action against their owners. “As part of a multi-agency operation, the HMNZS WELLINGTON has intercepted two vessels claiming to be flagged to Equatorial Guinea, fishing illegally in the Southern Ocean.” Mr McCully says. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news