Hyperlexis and the sources of government authority

Abstract

The genesis of this paper rests in two separate concerns about the role for legislation in New Zealand. Those concerns are, respectively, the idea that government makes “too much law” (“hyperlexis”), and whether government needs positive legal authority for its actions before that action is lawful. Both concerns provide for fascinating debate independently of one another. Both concerns have recently received attention in New Zealand in legal commentary and in the courts. The purpose of this paper is to add to the commentary on both concerns, and to explore their interplay.