We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
SIR OWEN WOODHOUSE AND THE MAKING OF NEW ZEALAND LAW.
- Authors
McLay, Geoff
- Abstract
In the 2022 Sir Owen Woodhouse Memorial Lecture, I considered what it means to make law in New Zealand. Using examples from Sir Owen Woodhouse's illustrious career as a judge and law reformer, I argued that there are important differences in judges' and law reformers' conceptions of "making law". The common law is best seen not as a collection of rules but as a custom as to how to go about recognising what the law is. As a result, it is better to think of what New Zealand judges do as making common law in New Zealand, rather than remaking a New Zealand common law outside pre-existing traditions. The lecture illustrates this point by analysing the Supreme Court's decision in Ellis v R (Continuance), which was decided between the lecture being given in Wellington and its being given in Auckland in October 2022.
- Subjects
WOODHOUSE, Owen, 1916-2014; JUDGES; LAW reform; LEGISLATION; COMMON law; LECTURES &; lecturing; NEW Zealand. Supreme Court
- Publication
Victoria University of Wellington Law Review, 2023, Vol 54, Issue 4, p857
- ISSN
1171-042X
- Publication type
Article