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Common law courts as regulators, an exposition: The Judiciary as a regulatory mechanism

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Date

2015

Journal Title

Journal ISSN

Volume Title

Publisher

Te Herenga Waka—Victoria University of Wellington

Abstract

An exposition on a new regulatory theory; Common law courts as regulators – the judiciary as a regulatory mechanism. In this paper the author ascribes to the judiciary/courts specific regulatory powers with regards to fundamental rights, the Bill of Rights and upholding and adjudicating constitutional norms. Via judicial regulation, courts can exercise power outside of the lis in disputes of distinction.

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Keywords

Judicial regulatory mechanism, Regulation, Constitutional regulation, Rights adjudication, Public law, Fundamentals, Common law regulation, Common law courts as regulators, The judicial regulatory mechanism, Rights supremacy, Bill of Rights Act regulation, Lis, Regulatory framework, Constitutional regulatory norms

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