Browsing by Author "Bullock, David"

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Electoral Expression with Institutional Bounds: Reframing Judicial Treatment of Elections in New Zealand
(Te Herenga Waka—Victoria University of Wellington, 2010) Bullock, David
New Zealand authorities on electoral law appear infrequently. This is possibly due to the “subsidiary role” played by the judiciary in New Zealand compared to jurisdictions where “higher law” gives courts greater scope to review issues of campaign funding and electoral legislation.1 Despite this, the courts have historically played a role in shaping the nature of elections in New Zealand.2 This role has continued in a number of decisions in recent years. In particular, the judiciary has played an important role in the application and development of electoral broadcasting law and electoral expression in New Zealand.
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Fiduciaries of the Future: Deliberative Democracy, Constitutions and the Interests of Future Generations
(Te Herenga Waka—Victoria University of Wellington, 2011) Bullock, David
How society protects the interests of future generations is a defining problem of our times. A prima facie position that the future is owed obligations by the present withholds objection. On this basis, this paper examines a theoretical basis for incorporating obligations to the future into the decision making process of the present, through the medium of deliberative democracy. A number of proposals are assessed in light of this framework, including the creation of institutions to advocate for future generations, or proxy representation of future generations within legislatures. The use of constitutional protections are also considered, based on a contractualist framework, but these face significant difficulties, particularly in their language and around issues of standing. The paper concludes that creation of an institutional advocate to act as a fiduciary of future generations will have the greatest success, and practical feasibility, in approximating participation of the future and creating discourse on future related issues.
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The New Zealand Emissions Trading Scheme: A step in the right direction?
(Te Herenga Waka—Victoria University of Wellington, 2009) Bullock, David
This paper examines the development, features, merits and likely impacts of the New Zealand Emissions Trading Scheme (as implemented by amendments the Climate Change Response Act 2002). First, the paper explores the history and debate surrounding selection of policy instruments to reduce New Zealand’s greenhouse gas emissions with a particular focus on the New Zealand emissions trading scheme. Second, the paper describes the consultation processes that have been used in the development of the climate change policy in New Zealand. Third, the paper examines the sectoral requirements and effects of participation in the scheme and looks at the modelling of economic and environmental impacts that has been carried out by various organisations. Finally, some brief comparisons are made with schemes in other jurisdictions.