My earlier column this month, New Zealand’s highest court could be facing a turning point, prompted a flood of feedback from business readers and lawyers alike. A common query was what Parliament can do to restrain an overreaching judiciary. This week I discuss two steps Parliament should not hesitate to take. But first a quick recap. The…
ROGER PARTRIDGE: HOW TO REIN IN AN ACTIVIST SUPREME COURT
ROGER PARTRIDGE: HOW TO REIN IN AN ACTIVIST SUPREME COURT
22 Mar 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, economic history, economics of bureaucracy, law and economics, liberalism, Marxist economics, politics - New Zealand, property rights, Public Choice Tags: constitutional law, rule of law
Do Me a Personal Favor: Please Pre-Order *Build, Baby, Build* Now
22 Mar 2024 Leave a comment
in applied price theory, applied welfare economics, comparative institutional analysis, constitutional political economy, economics of bureaucracy, economics of regulation, income redistribution, law and economics, liberalism, Marxist economics, politics - USA, property rights, Public Choice, public economics, rentseeking Tags: land supply, zoning
I started writing Build, Baby, Build: The Science and Ethics of Housing Regulation, in the early weeks of Covid. Now, with the kind cooperation of the Cato Institute, my second non-fiction graphic novel releases on May 1, 2024. That’s less than six weeks away.The official coverPlease forgive my laughable arrogance, but I assure you that…
Do Me a Personal Favor: Please Pre-Order *Build, Baby, Build* Now
GARY JUDD KC: On judicial imperialism
19 Mar 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, law and economics, liberalism, libertarianism, Marxist economics, politics - USA, property rights
Why judges must ‘stay in their lane’ This article with minor differences was published by The Law Association’s Law News on 15 March 2024 Provoked by the Supreme Court’s decision in Smith v Fonterra and others [2024] NZSC 5, Professor James Allan, Garrick Professor of Law at the University of Queensland, a Canadian who taught law at…
GARY JUDD KC: On judicial imperialism
Tino Rangatiratanga and localism
20 Feb 2024 1 Comment
in applied price theory, comparative institutional analysis, constitutional political economy, development economics, economics of regulation, law and economics, property rights Tags: Canada
My piece for the Saturday papers weekend before last, and now ungated here, went back to a theme that Richard Harman had noticed in the Waitangi speeches. Minister Shane Jones argued fuller debate on the meaning of Tino Rangatiratanga is inevitable, saying, “There is a deep, committed view from Pita Tipene and others that article two…
Tino Rangatiratanga and localism
Brian Christopher Jones: Nigel Farage and the UK Constitution
20 Feb 2024 Leave a comment
in constitutional political economy, currency unions, economic history, law and economics, macroeconomics Tags: British constitutional law, British politics, European Union
The upheaval of the UK constitution from 2016 onwards has been associated with a host of individuals, from David Cameron to Boris Johnson to Dominic Cummings, who have received the significant bulk of academic attention in recent years. And yet, another individual has had a substantial impact upon the UK constitution during this time: Nigel […]
Brian Christopher Jones: Nigel Farage and the UK Constitution
Constitution 101: How Powerful Is The Queen?
17 Feb 2024 Leave a comment
in constitutional political economy, economics of bureaucracy, Public Choice Tags: British constitutional law
[This is the first in a series of posts that will look at the key institutions of the British constitution. A version of this particular post first appeared on my personal blog.] Americans don’t really understand the British Monarchy. Our pundits often portray the Queen as a powerless figurehead who does little more than cut ribbons and unveil plaques. […]
Constitution 101: How Powerful Is The Queen?
February 13, 1689: The Proclamation of King William III and Queen Mary II as Joint Monarchs of England
14 Feb 2024 Leave a comment
in constitutional political economy, economic history, law and economics Tags: British constitutional law, British history, British politics
King James II-VII’s departure during the Glorious Revolution significantly shifted the balance of power in favour of Prince Willem III of Orange, who took control of the provisional government on December 28th. Elections were held in early January for a Convention Parliament, which assembled on January 29th. The Whigs had a slight majority in the […]
February 13, 1689: The Proclamation of King William III and Queen Mary II as Joint Monarchs of England
Jon Haidt goes after DEI
13 Feb 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, economics of education, economics of media and culture, income redistribution, law and economics, liberalism, Marxist economics, politics - USA, Public Choice Tags: Age of Enlightenment, free speech, political correctness, regressive left
A lot of academics who haven’t previously gone after DEI (Diversity, Equity, and Inclusion) initiatives are coming out of the woodwork to criticize the philosophy and actions of DEI. New critics include Steve Pinker, who, in his Boston Globe article on how to fix the problems of Harvard, included “Disempowering DEI” as one of the […]
Jon Haidt goes after DEI
BRIAN EASTON: Te Tiriti as a social contract
12 Feb 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, economics of bureaucracy, income redistribution, law and economics, liberalism, Marxist economics, politics - New Zealand, property rights, Public Choice, rentseeking Tags: Age of Enlightenment, constitutional law, regressive left
Interpreting the agreement made at Waitangi as a social contract is a way to move forward on treaty issues (This column follows ‘Our Understandings Of Te Tiriti Has Evolved Organically’.) Brian Easton writes – Te Tiriti is in the form of a social contract of the sort that political theorists have discussed since the seventeenth […]
BRIAN EASTON: Te Tiriti as a social contract
The “Unassailable” Theory Faces a Potential Unanimous Rejection
10 Feb 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, economics of media and culture, law and economics, liberalism, Marxist economics, politics - USA, Public Choice Tags: 2024 presidential election, constitutional law, regressive left
This week, the argument before the Supreme Court in Trump v. Anderson captivated the nation as the justices considered the disqualification of former President Donald Trump from the 2024 presidential ballot. For some of us, the argument brought back vivid memories of covering Bush v. Gore almost 25 years ago. While one justice (Clarence Thomas) […]
The “Unassailable” Theory Faces a Potential Unanimous Rejection
The highly inconvenient Sir Apirana Ngata
10 Feb 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, economic history, income redistribution, law and economics, liberalism, Marxist economics, politics - New Zealand, property rights, Public Choice, rentseeking Tags: constitutional law
Graham Adams writes — Sir Apirana Ngata has a pre-eminent place in the pantheon of Māori luminaries. He is widely regarded as a visionary leader who, in an illustrious political career, championed biculturalism when assimilationist policies were the norm. He energetically promoted Māori language and culture, and land reform. He was an MP for nearly […]
The highly inconvenient Sir Apirana Ngata
CHRIS TROTTER: Are you a leftist?
10 Feb 2024 Leave a comment
in constitutional political economy, law and economics, liberalism, Marxist economics, politics - Australia, politics - New Zealand, politics - USA Tags: free speech, political correctness, regressive left, The fatal conceit, unintended consequences
Chris Trotter writes – THERE WAS A TIME when a leftist’s definition of “leftism” corresponded pretty closely to everybody else’s definition. The term identified a coherent worldview – to the point where knowing where someone stood on one issue enabled them to predict with surprising accuracy where they stood on a host of others. If […]
CHRIS TROTTER: Are you a leftist?
“The Spirit of Aloha”: The Hawaii Supreme Court Challenges the U.S. Supreme Court Over Gun Rights
10 Feb 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, economic history, economics of crime, law and economics, liberalism, politics - USA, property rights Tags: constitutional law, gun control
It has been 65 years since Hawaii became a state, but the Hawaiian Supreme Court appears to be having second thoughts. In an extraordinary ruling, the unanimous Supreme Court rejected the holdings of the United States Supreme Court on the Second Amendment as inapplicable to the 50th states. Hawaii apparently is controlled not by the…
“The Spirit of Aloha”: The Hawaii Supreme Court Challenges the U.S. Supreme Court Over Gun Rights
February 6, Death of King George VI of the United Kingdom of Great Britain and Ireland. Part II.
08 Feb 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, economic history Tags: British constitutional law, British history
Prince Albert spent his early life in the shadow of his elder brother, Prince Edward, the heir apparent. Albert attended naval college as a teenager and served in the Royal Navy and Royal Air Force during the First World War. In 1920, he was made Duke of York. He married Lady Elizabeth Bowes-Lyon in 1923. […]
February 6, Death of King George VI of the United Kingdom of Great Britain and Ireland. Part II.
BRIAN EASTON: Our understanding of Te Tiriti has evolved organically.
06 Feb 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, economic history, economics of bureaucracy, law and economics, politics - New Zealand, property rights, Public Choice, rentseeking Tags: Age of Enlightenment, constitutional law, Internet, political correctness, racial discrimination, regressive left
Why try to stop that evolution? Brian Easton writes – In 1956, historian Ruth Ross presented her investigations of the treaty signed at Waitangi on 6 February 1840 to a seminar concluding, ‘The [Māori and Pakeha] signatories of 1840 were uncertain and divided in their understanding of [Te Tiriti’s] meaning; who can say now what […]
BRIAN EASTON: Our understanding of Te Tiriti has evolved organically.
Utopia, you are standing in it! 
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