You searched everything for "supreme court" and got 68 results
When does a “woman” include a biological male? And who gets to decide – Parliament or the courts? Read more
There’s a fragility to rules-based orders that has been around for as long as those orders have. So long as people generally agree that it is good to be bound by the rules, and that trying to change the rules is better than ignoring or breaking them, a rules-based order can persist. Read more
I have no doubt that Peter Smith loves the West. You can feel it in every line of his writing – the anger at its enemies, the contempt for its betrayal, the frustration at its leaders who lack the courage to defend it. Read more
Two ships passing in the night might share the same destination yet follow very different courses. So it seems with David Harvey’s latest response to my report for The New Zealand Initiative, Who Makes the Law? Read more
About a quarter century ago, my to-be wife introduced me to a card game called Flux. It was popular among the computer science and engineering students in Pittsburgh. Read more
Jim Allan’s spirited response to my Quadrant Online column, Trump’s war on constitutional democracy, misses what makes this moment so dangerous for America. While Jim and I share deep concerns about judicial activism and bureaucratic overreach, his attempt to normalise Trump’s recent actions ignores their unprecedented assault on constitutional government. Read more
Sir Geoffrey Palmer’s critique in the December New Zealand Law Journal of my report, Who Makes the Law? Reining in the Supreme Court,i is remarkable in what it fails to address.ii Rather than engaging with the substantive constitutional arguments about concerning trends in our highest court’s jurisprudence, his response amounts to ‘nothing to see here, trust the judges.’ More remarkably still, he resorts to ad hominem argument, suggesting critics can be dismissed as simply serving business interests. Read more
For many conservatives, Donald Trump’s return to the presidency brings hope. America’s institutions desperately needed disruption. Read more
The Supreme Court’s decisions late last year in A, B and C v D and E Limited as Trustees of the Z Trusti (the Alphabet case) and Whakatōhea Kotahitanga Waka (the Edwards case) v Ngāti Ira O Waiowekaii (the Edwards case) offer a striking study in contrasts. Both decisions have drawn attention for appearing to resist judicial overreach. Read more
Waitangi day debates about New Zealand’s sovereignty often fixate on a single moment: the signing of the Treaty of Waitangi in 1840. This focus is understandable, given the Treaty’s significance to both Māori and the Crown. Read more