2023 Robin Cooke Lecture-Professor Jason Varuhas

The Future of Public Law in Aotearoa New Zealand - Professor Jason Varuhas
New Zealand public law is on the move. We have entered a new, dynamic phase of legal development, marked by a concern to ensure our public law is responsive to the distinctiveness of the New Zealand context. This new phase has included major recent judgments on the New Zealand Bill of Rights Act 1990, Te Tiriti o Waitangi, tikanga Māori, common law rights, and the place of international law in the domestic order. A common theme across these cases is the emergence of a judicial discourse of fundamental principles or values. This in turn invites reflection on the judicial role and judicial method in public law adjudication. In light of these significant trends Professor Varuhas considers possible trajectories of future legal development, and examines the judiciary's role in charting the path forward for public law in Aotearoa.