Roger Partridge writes – When a constitutional law professor warns of “dangerous foes” threatening New Zealand’s legal system, you might expect concern about genuinely destabilising forces – political interference with judicial independence, or threats to the rule of law itself. You would be wrong. Professor Dean Knight of Victoria University recently addressed the Institute of Public […]
Supreme Court Matters: Constitutional Guardians or Constitutional Threat?
Supreme Court Matters: Constitutional Guardians or Constitutional Threat?
08 Sep 2025 Leave a comment
in constitutional political economy, law and economics, politics - New Zealand Tags: constitutional law
No, the President Cannot Strip Rosie O’Donnell of Her Citizenship
04 Sep 2025 Leave a comment
in law and economics, politics - New Zealand, property rights Tags: constitutional law
President Donald Trump said on Wednesday he may strip comedian Rosie O’Donnell of her U.S. citizenship. He has made the threat previously, despite having no authority to do so. In the United States, political critics cannot be stripped of their citizenship, and pursuing such a course would be a fundamental denial of constitutional protections not only […]
No, the President Cannot Strip Rosie O’Donnell of Her Citizenship
Kiwis don’t need a Constitutional Court to crimp our elected law-makers – we already have judges who do that
02 Sep 2025 Leave a comment
in comparative institutional analysis, constitutional political economy, law and economics, politics - New Zealand, property rights Tags: constitutional law, Thailand
Bob Edlin writes – Thailand’s Constitutional Court reminds us of how judges can be politically powerful. It has removed Prime Minister Paetongtarn Shinawatra from office, ruling that she “lacks the qualifications and possesses prohibited characteristics” under the Thai constitution. As the ABC reported, her dismissal flings the country into political instability. It also highlights the […]
Kiwis don’t need a Constitutional Court to crimp our elected law-makers – we already have judges who do that
Single-Member Electoral Districts Cannot Be Unconstitutional Because They Form Part of the Constitution of Canada
30 Aug 2025 Leave a comment
in constitutional political economy, Public Choice Tags: Canada, constitutional law
Introduction The Ontario Court of Appeal issued a ruling in August 2025 which upheld the constitutionality of single-member electoral districts and lambasted so-called “Fair Vote British Columbia” (which for some reason litigated single-member plurality in Ontario) for having “repackage[ed] failed political arguments as constitutional rights violations.”[1] Justice Huscroft declared unambiguously: “The electoral system is not […]
Single-Member Electoral Districts Cannot Be Unconstitutional Because They Form Part of the Constitution of Canada
Sovereignty and Land Ownership: Distinct Legal Domains
11 Aug 2025 Leave a comment
in constitutional political economy, economic history, law and economics, property rights Tags: constitutional law
Introduction Throughout history, territories have frequently changed hands through war, conquest, and annexation. However, the shift in sovereignty—the legal authority to govern and control a territory—should not be conflated with the transfer of private land ownership within that territory. Sovereignty concerns public law and political authority, whereas land ownership is a matter of private law […]
Sovereignty and Land Ownership: Distinct Legal Domains
Peters and Seymour tussle over ‘Maorification’
07 Aug 2025 Leave a comment
in constitutional political economy, economics of regulation, law and economics, politics - New Zealand, property rights, Public Choice Tags: constitutional law
Graham Adams writes – After NZ First leapfrogged Act last month in a Taxpayers’ Union-Curia poll — which led to much media excitement about the party’s rising fortunes — it seemed odd for Winston Peters to be quite so tetchy with journalists seeking his opinion on David Seymour’s views on karakia, traditional Māori prayers or incantations […]
Peters and Seymour tussle over ‘Maorification’
The judicial revolution
30 Jul 2025 Leave a comment
in economics of bureaucracy, law and economics, politics - New Zealand, property rights, Public Choice Tags: constitutional law
An excellent article by Roger Partridge on an analysis by Emeritus Professor Peter Watts KC on the Supreme Court’s actions in Ellis vs R. I recommend you read the whole thing, but a key extract is: Before Ellis, tikanga’s role in New Zealand law was clearly defined and limited. As Watts shows, courts recognised tikanga within […]
The judicial revolution
Revolution by Judicial Decree: A Review of Professor Peter Watts KC’s “Ellis v R, A Revolution in Aotearoa New Zealand, Welcome or Not”
24 Jul 2025 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 Tags: constitutional law
Roger Partridge writes – Revolutions conjure images of violent uprisings, the storming of institutions, and the forcible overthrow of existing orders. But constitutional foundations can be destroyed through more subtle means. When judges discard long-established constitutional principles and remake the law according to their preferences, they engage in a revolution that may be no less […]
Revolution by Judicial Decree: A Review of Professor Peter Watts KC’s “Ellis v R, A Revolution in Aotearoa New Zealand, Welcome or Not”
PETER WILLIAMS (on behalf of the Taxpayers’ Union): The Nats are considering keeping Te Mana o te Wai
21 Jul 2025 Leave a comment
in economics of bureaucracy, law and economics, politics - New Zealand, property rights, Public Choice, resource economics Tags: constitutional law
Peter Williams writes – The Taxpayers’ Union has been alerting supporters about the “Te Mana o te Wai” (literally meaning the mana of the water) requirements, which are still applicable to local councils’ environmental planning/consenting. It is becoming clear that the Coalition Government is continuing down Labour’s path of undemocratic and costly co-governance due to pressure […]
PETER WILLIAMS (on behalf of the Taxpayers’ Union): The Nats are considering keeping Te Mana o te Wai
“I have a Wonderful Opportunity”: Justice Jackson’s Cathartic Jurisprudence
13 Jul 2025 Leave a comment
in law and economics, politics - USA Tags: constitutional law
I wrote recently about the chilling jurisprudence of Justice Ketanji Brown Jackson, who has drawn the ire of colleagues in opinions for her rhetoric and extreme positions. Many have expressed alarm over her adherence to what has been described by a colleague as an “imperial judiciary” model of jurisprudence. Now, it appears that Jackson’s increasingly […]
“I have a Wonderful Opportunity”: Justice Jackson’s Cathartic Jurisprudence
Echoes of Citizens for Rowling
07 Jul 2025 Leave a comment
in comparative institutional analysis, constitutional political economy, economics of regulation, law and economics, politics - New Zealand, property rights, Public Choice, transport economics, urban economics Tags: constitutional law
Karl du Fresne writes – Who remembers the Citizens for Rowling campaign? It was a concerted attempt by the Great and the Good to derail National Party leader Robert Muldoon’s election campaign in 1975. The campaign’s backers didn’t like Muldoon’s combative, divisive brand of politics and argued that Labour’s gentlemanly Bill Rowling, who had assumed […]
Echoes of Citizens for Rowling
The Chilling Jurisprudence of Justice Ketanji Brown Jackson
28 Jun 2025 Leave a comment
in law and economics, politics - USA Tags: constitutional law
Below is my column in the New York Post on the controversial dissenting opinion of Justice Ketanji Brown Jackson in the injunction ruling in Trump v. CASA on Friday. The opinion seemed to fan the flames of “democracy is dying” claims of protesters, suggesting that basic limits on injunctive relief could result in the collapse […]
The Chilling Jurisprudence of Justice Ketanji Brown Jackson
The Claude Rains School of Constitutional Law: Democrats Denounce Iranian Attack as Unconstitutional
23 Jun 2025 Leave a comment
in defence economics, politics - USA, war and peace Tags: constitutional law, Middle-East politics, regressive left, war against terror
Yesterday, I wrote a column in the Hill discussing how Trump is unlikely to go to Congress in launching an attack on Iran and how he has history on his side in acting unilaterally. The column noted that many Democratic politicians and pundits who were supportive of such unilateral actions by Democratic presidents such as […]
The Claude Rains School of Constitutional Law: Democrats Denounce Iranian Attack as Unconstitutional
A clear line
19 Jun 2025 Leave a comment
in constitutional political economy, law and economics, politics - New Zealand, property rights, Public Choice Tags: constitutional law
The Herald reports: Ngāti Hine leader Pita Tipene is ruling out a settlement under this Government after remarks made by Treaty Negotiations Minister Paul Goldsmith. Goldsmith said on Tuesday the Government would not agree to Treaty settlements that disputed whether the Crown is now sovereign. Under the previous Labour Government, an initial deed of settlement […]
A clear line
Sovereignty line in sand
18 Jun 2025 Leave a comment
in constitutional political economy, economic history, law and economics, politics - New Zealand, property rights, Public Choice Tags: constitutional law
The government has drawn a line in the sand on sovereignty: Treaty Negotiations Minister Paul Goldsmith says the Government will not agree to Treaty settlements that dispute whether the Crown is now sovereign. Goldsmith made the comments to the Māori Affairs select committee this morning amid ongoing negotiations with East Coast iwi Te Whānau-ā-Apanui and […]
Sovereignty line in sand
Utopia, you are standing in it! 
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