3,648 research outputs found
Joining the Aotearoa New Zealand Constitutional Debate: Constitutional Environmental Rights in our Future ‘Constitution’
No full textIn 2013, the Constitutional Advisory Panel invited New Zealanders to think about our vision of what New Zealand should look like in the future and to consider how our constitutional arrangements would support that vision. In response, New Zealanders have suggested the inclusion of an environmental protection regime in our future constitutional landscape. The author supports this prevailing opinion. This paper will use the experiences gained from international and regional human rights and environmental law treaties and other countries’ constitutions to explore the best model to achieve that goal. This comparative law analysis will identify the key theoretical and legal issues that must be addressed by Parliament to ensure the successful implementation and enforcement of an environmental protection regime through the courts. While international developments are important, any environmental constitutional framework must reflect New Zealand’s unique and distinctive history, environment, people, and cultural values. With this in mind, this paper will tentatively canvass a new environmental constitutional framework and lay foundations for further legal research and public debate
The Development of New Jersey Society
No full textThe Development of New Jersey Society by Joel Schwartz. Number 10 in the New Jersey History Series. Published by the New Jersey Historical Commission
Análise geomorfológica das bacias dos rios Jeribucassu e Burundanga, Itacaré, Bahia: mapeamento em escala 1:25.000
No full textDissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Filosofia e Ciências Humanas. Programa de Pós-Graduação em Geografia.O contato do planalto cristalino com o mar em Itacaré, no estado da Bahia, estabelece a formação de um relevo elevado ao longo da costa sul do município, uma costa dominantemente rochosa com praias melhor desenvolvidas somente junto à foz dos rios costeiros, como o Jeribucassu e o Burundanga. As bacias hidrográficas destes dois rios possuem relevante importância pela posição geográfica que ocupam. Estão localizadas em uma faixa costeira do estado da Bahia de alto valor paisagístico e ecológico, em virtude da beleza cênica das formas do relevo, bem como pela presença de remanescentes primários da degradada floresta tropical atlântica brasileira. Além da importância paisagística e ecológica das bacias, o rio Jeribucassu tem parte de suas águas captada para o abastecimento público do distrito-sede de Itacaré. A conservação da bacia do rio Jeribucassu, em especial a preservação da natureza de seu curso e de suas nascentes, bem como de seus afluentes, é fundamental à vida da comunidade local. Como pesquisa geomorfológica básica, as bacias dos rios Jeribucassu e Burundanga foram estudadas por meio de fotointerpretação, pesquisas de campo, análises de lâminas delgadas de rochas e análises granulométricas de formações superficiais. Os resultados foram representados em cartografia digital, um instrumento fundamental para as análises morfométricas e de distribuição das características hidrográficas, geológicas e geomorfológicas. As análises apoiadas em pesquisas bibliográficas permitiram levantar algumas considerações sobre a geomorfogênese das bacias. Dentre as características hidrográficas destacam-se o padrão e a densidade de drenagem. A influência estrutural sobre as redes hidrográficas é reconhecida no padrão de drenagem paralelo ou sub-paralelo dos rios e afluentes principais, enquanto que os pequenos afluentes e os menores cursos d'água apresentam um padrão dendrítico. Elevados índices de densidade de drenagem revelam a intensa dissecação linear do relevo, um verdadeiro "labirinto" de pequenos vales de 1ª ordem, onde o conjunto dos interflúvios forma uma paisagem típica de "mar de morros". Composto por granulitos e milonitos entre outras rochas, o embasamento das bacias faz parte de um domínio metamórfico complexo, localmente recoberto por rochas sedimentares (Formação Barreiras?) e depósitos quaternários. A tectônica se evidencia na estrutura geológica sob a forma de foliações e fraturamentos de orientação preferencial NE, bem como em alinhamentos do relevo, mormente fundos de vales encaixados e interflúvios alongados. O relevo correspondente ao setor de topografia mais elevada, localizado no oeste da área estudada, foi mapeado como modelado de dissecação em morros, enquanto que o setor mais rebaixado e próximo à costa foi mapeado como modelado de dissecação em outeiros. Os modelados de acumulação correspondem às planícies aluviais e de marés, praias arenosas e de blocos, terraços marinhos e campos de dunas. As formações superficiais foram classificadas, segundo suas características físicas e evolutivas, como alterações do complexo metamórfico, formações de origem sedimentar e couraças
Grace Joel an impressionist portrait
No full textDunedin-born artist Grace Joel (1864-1924) exhibited to acclaim in London and Paris, yet she and her art are relatively unknown today. Joel excelled at portraiture and mother and child studies, and was skilled in portraying the nude. She received her artistic training in Melbourne, and lived for the mature years of her career in London, where her work appeared at the prestigious Royal Academy, as well as the Paris Salon and the Royal Scottish Academy. She also held a number of solo exhibitions at prominent venues in Australasian, English and European cities. Today she is claimed by New Zealand, Australia and Britain. One possible reason why Joel's work has not remained visible is that few details of her personal life survive. Only three letters have been found, and they reveal little of the person who wrote them. Undaunted, author Joel (no relation) Schiff has pulled together from the words of her contemporaries, various newspaper accounts, scraps in other historical archives and close study of her extant paintings a portrayal of this talented woman that is as intimate and engaging as her work. He also sets Grace Joel and her work in the times in which she lived, and the artistic communities of which she was a par
Democracy, Constitutionalism and the Rule of Law: Beholden to Constituent Power
No full textDemocratic government serves two purposes, both requiring that the substantive element of the rule of law be adhered to. A living constitution is required by a government to able to maintain civil society, which is the main occupation of the rule of law and, secondly, the rule of law also vouchsafes rights and freedoms. Hence, the rule of law enforced by the courts is the factor that controls the constitution, and increasingly this includes controlling the government, both the legislature and executive. This paper considers the capacities of democracy, constitutionalism and the rule of law, in the context of both New Zealand’s unwritten and America’s written constitutions, with the view of locating the constitution making power (constituent power). The power that makes and changes the constitution was originally found with the people, parliament, and the executive. However, a modern formulation of the rule of law that seeks to replace parliamentary supremacy as the ultimate principle of legality appears to be arising. An egalitarian society is becoming the preferred option by all parties. In this context, the constitution making power will be with the vessel that is working towards creating such a society. To that end, the paper recommends a Constitutional Commission for New Zealand that would review legislation for constitutionality, including adherence to the rule of law. The objective of the Constitutional Commission would be to recommend the review of law for constitutionality, including adherence to the rule of law
The Honour of the Crown: Giving Effect to the True Purpose of the Treaty of Waitangi
No full textThe Treaty was a constitutional agreement entered into by Maori, then sovereign of New Zealand, and the British Crown. The purpose of intention of this agreement was to enable both parties – Maori and the Crown – to share public power over Aotearoa, New Zealand. This paper refers to this purpose as the kawanatanga-tino rangatiratanga relationship, or dual sovereignty. This purpose has been derived from the Maori version of the Treaty, according to the Maori legal system which governed New Zealand at the time.
This purpose has not been given effect to, instead our constitution holds the Crown as the sovereign, and Maori are mere subjects of the Crown. This arrangement allowed the Crown to introduce their colonial legal system that enabled them to attain Maori land through war, confiscation and other means throughout the 19th and early 20th centuries. This in turn has created a “cycle of grievance” among our Maori community which keep Maori oppressed, claiming rights from the Crown which can be given, but are often taken away again or breached, depending on the political leanings of the day. The only way we can end this cycle of grievance, and restore legitimacy to our constitution, and restore Maori to their intended constitutional position of sovereign Treaty partner, alongside the Crown.
While this proposal may seem very radical, it is argued that New Zealand has been heading towards dual sovereignty through an “organic” revolution known as the Maori Renaissance that began in the 1970s. This paper will trace this “organic” revolution pointing to three specific institutions as examples of movement towards dual sovereignty: the Waitangi Tribunal, the Treaty Settlements process and the Treaty Principles. It is argued that while these institutions have made some incredible advances for Maori rights, they remain confined by our current constitutional arrangements that recognise the Crown as the only sovereign. This paper argues that what is needed as the next step in this organic revolution, is to step outside of our current constitutional arrangements and give effect to the true intention of the Treaty. This paper thus reflects on the historical context in and the Maori legal system in which the Treaty was signed. This paper then explains how we might be able to achieve this through the courts by invoking the doctrine of the honour of the Crown and adopting Dr Carwyn Jones’ theory of a ‘constitutional korero’. The honour of the Crown is a common-law doctrine that requires the Crown to honour its constitutional obligations. It recognises colonial governments as part of a special nation-to-nation relationship with indigenous peoples and can therefore give effect to the indigenous legal system and world-view that our current institutions cannot do. In this way it can perform as a limit on the Crown and its Parliamentary Supremacy. It is argued that realistically the courts may invoke this doctrine to enforce obligations made by the Crown to iwi through the recent Treaty Claims Settlements legislation. It is argued, however, that in keeping with this organic revolution, an eventual court may one day invoke the doctrine to enforce Article 2 of the Treaty of Waitangi itself and dual sovereignty may be achieved
Parliamentary sovereignty as a barrier to a Treaty-based partnership
No full textThe Treaty of Waitangi has repeatedly been affirmed as New Zealand’s founding document, yet our constitutional arrangements rest on the untrammelled principle of parliamentary sovereignty. This paper argues that the doctrine of parliamentary sovereignty is contrary to the sharing of powers provided for in the Treaty, as it concentrates ultimate law-making authority in one body. New Zealand’s constitutional history is canvassed briefly, with a specific focus on the Treaty and the basis of British Crown’s acquisition of sovereignty over New Zealand. It is noted that the current place of the Treaty within New Zealand’s constitution is within the vast powers of parliament - the Treaty can only have legal effect to the extent that Parliament provides for. After looking at examples from statute and common law it is concluded that, rather than limiting parliamentary sovereignty, the current approach ultimately reinforces the absolute and indivisible power of parliament. As such, it is a barrier to a Treaty partnership between the Crown and Maori. To truly give effect to the Treaty a change in the way in which public power in New Zealand is configured and exercised is necessary. Three models for Treaty-based constitutional reform are therefore discussed. The current constitutional review provides Iwi and the Crown with an opportunity to look beyond the confines of the doctrine of parliamentary sovereignty and forge a unique constitutional system that gives effect to the Treaty as New Zealand’s founding document
A Terrified New World: A Discussion of Appropriate Qualities for a Framework of Emergency Powers
No full textThis paper engages in a discussion of emergency powers of government. It looks at three different approaches to emergency powers that have not necessarily be considered all at once before. As a result of this examination and critique the paper offers an alternative approach for emergency powers. Requiring a government to design emergency powers in advance overcomes the risks of the other models. The risks of an advance framework also are the risks associated with the creation of ordinary legislation
When is secession legitimate?
No full textSecession claims are not sufficiently dealt with at international law. Similarly theoretical analyses of the moral justifications for secession widely differ, with little scholarly agreement on, for example, whether there is a primary right to secede, a remedial right only, or no right to secede at all. This paper reviews the scholarly debate on legal, moral and constitutional legitimacy of secession, and develops five criteria for assessing the overall legitimacy of a secession claim: (1) nationhood and claim to territory; (2) self-determination and autonomy; (3) treatment at the hands of the state; (4) viability of the proposed state ; and (5) position of the existing state. Applying these criteria to three very different but equally topical possible secession claims - Scotland from the United Kingdom, Catalonia from Spain, and Novorossiya from Ukraine - the interplay between these criteria is demonstrated
Protecting popular constituent power: Examining New Zealand's role in the constitution-making episodes of the Cook Islands and Niue
No full textThis paper assesses the democratic legitimacy of the constitution-making processes that brought into being the Constitutions of the Cook Islands and Niue. New Zealand’s role in the decolonisation of its former colonies has generally been seen as quite benign. New Zealand’s status as an external actor however raises questions regarding the effect its influence had on the democratic legitimacy of the respective constitution-making processes.
Constituent power theory demands that a constitution is the product of the popular political will; an act of self-determination undertaken by the people, for the people. This paper argues that the existence of external influence in the constitution-making process is not necessarily at odds with this. The democratic legitimacy of the constitution-making process is dependent on the constitution being a manifestation of the people’s constituent power. Insofar as external actors do not displace the people’s constituent power but rather enhances it, there is no reason to exclude such influence; there may even be reason to encourage it.
By drawing on New Zealand’s experience in decolonisation, this paper ultimately advances a two-stage model for constitution-making in the context of small, dependent non-self-governing island-states. As on-going political ties with an external state are often sought, the aim of the model is to provide an avenue for that external state to participate in or contribute to the constitution-making process while maintaining the process’ democratic legitimacy
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