Browsing by Author "Smith, Nigel"

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Let the Record Show: Lessons about Judicial Misconduct from the Saxmere Saga
(Te Herenga Waka—Victoria University of Wellington, 2010) Smith, Nigel
There is a reason that the Iliad and other such stories from Ancient Greek mythology hold an instinctive appeal thousands of years on. There is something intriguing about the stories where all powerful beings interact with humans on the same level and suffer the same trials and tribulations of mere mortals. It is for this reason that there has been such interest in the accusations of misconduct by Justice Wilson of the Supreme Court. Considering the role judges have in our society there is little as interesting as seeing judges tested against the principles they strive to uphold. Every few years a case appears in the courts of New Zealand that is welcomed by academics as a practical look at legislation that has yet to be tested. The three Saxmere cases and the issues that arose from them is one of those occurrences. This one collection of cases has allowed for the first proper test run of the recently established process for handling allegations of judicial misconduct. The Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (The Judicial Conduct Act) had until now not dealt with any serious complaints, being legislated only recently.The Saxmere saga has provided the chance to analyse whether the processes in New Zealand to deal with judicial misconduct work effectively. This paper will consider what lessons have been learned by the handling of allegations of misconduct against Justice Wilson.
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The Viability of Transnational Referendums
(Te Herenga Waka—Victoria University of Wellington, 2011) Smith, Nigel
With every passing year, the borders between states weaken, with less trade barriers and restrictions of movement. So too do the issues of one state more and more become shared with that state’s neighbours. Theorists of cosmopolitan democracy have suggested that where issues have effects that stretch beyond borders, every citizen who is potentially affected by it should have a say on that issue. One suggestion is, in conjunction with representation via the state in the international forum, that of transnational referendums. David Held’s suggestion is for such referendums to occur in the case of “contested priorities concerning the implementation of core cosmopolitan concerns”, with a number of different practical applications. Held suggests that this could ask either a cross section of the public, targeted or significantly affected groups, or policy makers and/or legislators.