Pragmatism, Principle, and Power in Common Law Constitutional Systems: Essays in Honour of Bruce Harris

Professor Bruce Harris has made a significant contribution to public law in New Zealand and internationally, with his suggestion of a third source of executive action. This Festschrift explores key themes from his work, including the nature of executive power, the judiciary, judicial appointment and accountability, and the future of the unwritten constitution. It argues that the future New Zealand constitution must pay greater attention to Maori legal concepts and substantive protections for tangata whenua, and that the remedy of declarations of inconsistency with enumerated rights amounts to justifiable judicial creativity.

Format: Hardback
Length: 328 pages
Publication date: 11 March 2022
Publisher: Intersentia Ltd

Professor Bruce Harris has made an unforgettable impact on public law in New Zealand and throughout the common law world. His groundbreaking suggestion that there exists a third source of executive action, in addition to statutory and prerogative powers, has profoundly influenced scholarship and judicial decisions in New Zealand, the United Kingdom, and other regions. In this Festschrift, esteemed commentators delve into the central themes of Professor Harris's work.

The first theme revolves around the nature of executive power. Claire Charters argues that the future New Zealand constitution must accord greater importance to Maori legal concepts and substantive protections for tangata whenua. She suggests that a pressing concern lies in holding the Executive to account and restricting its power, particularly in relation to Maori. Edward Willis examines the legitimate scope of third source powers within the context of constitutional pragmatism. Three sections explore issues concerning the judiciary.

In the first section, Nicola Wheen discusses the challenges inherent in ambiguous standards of environmental protection. The second section delves into judicial methodology and creativity. John Ip argues that the remedy of declarations of inconsistency with enumerated rights amounts to justifiable judicial creativity; Taylor Burgess critiques courts' reluctance to lead social change, while Paul Rishworth examines the creativity inherent in judicial restraint. Caroline Foster extends the volume's analysis to international law, contending that creativity by international courts and tribunals has given rise to global regulatory standards.

The third section addresses judicial appointment and accountability. Sir Edmund Thomas argues for greater independence in judicial appointments processes, while ATH Smith advocates for more robust protections to ensure judicial accountability.

In conclusion, Professor Bruce Harris's profound contributions to public law have left an indelible mark on New Zealand and the broader legal community. This Festschrift serves as a tribute to his intellectual prowess and unwavering commitment to advancing the field. Through insightful discussions and critical analysis, it sheds light on the nature of executive power, the judiciary's role, and the impact of international law on shaping legal standards worldwide.

ISBN-13: 9781839701986