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Taylor V New Zealand Poultry Board
''Taylor v New Zealand Poultry Board'' was a decision of the Court of Appeal of New Zealand concerning the right to silence and implied statutory repeal of the common law privilege against self-incrimination. The decision, about "Constitution of New Zealand, constitutional principles as well as eggs", is important because of an obiter dictum by New Zealand's pre-eminent judge, Justice Robin Cooke, Baron Cooke of Thorndon, Cooke, later Lord Cooke, on the Parliamentary sovereignty, relationship between the judiciary and Parliament. Cooke forcefully states that there may be some parts of the common law so fundamental that courts will not enforce laws of Constitutional monarchy, Parliament that seek to abrogate them. Background Mr Taylor was a Poultry farming, poultry farmer from Greytown, New Zealand, Greytown who went into the Wellington Region, Wellington area in a van to deliver eggs. At the time the poultry market was Planned economy, heavily regulated; farmers were required to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wellington Region
Greater Wellington, also known as the Wellington Region (Māori: ''Te Upoko o te Ika''), is a non-unitary region of New Zealand that occupies the southernmost part of the North Island. The region covers an area of , and has a population of The region takes its name from Wellington, New Zealand's capital city and the region's seat. The Wellington urban area, including the cities of Wellington, Porirua, Lower Hutt, and Upper Hutt, accounts for percent of the region's population; other major urban areas include the Kapiti conurbation (Waikanae, Paraparaumu, Raumati Beach, Raumati South, and Paekākāriki) and the town of Masterton. Local government The region is administered by the Wellington Regional Council, which uses the promotional name Greater Wellington Regional Council. The council region covers the conurbation around the capital city, Wellington, and the cities of Lower Hutt, Porirua, and Upper Hutt, each of which has a rural hinterland; it extends up the west coa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of New Zealand
The history of New Zealand ( Aotearoa) dates back to between 1320 and 1350 CE, when the main settlement period started, after it was discovered and settled by Polynesians, who developed a distinct Māori culture. Like other Pacific cultures, Māori society was centred on kinship links and connection with the land but, unlike them, it was adapted to a cool, temperate environment rather than a warm, tropical one. The first European explorer known to visit New Zealand was Dutch navigator Abel Tasman on 13 December 1642. In 1643 he charted the west coast of the North Island, his expedition then sailed back to Batavia without setting foot on New Zealand soil. British explorer James Cook, who reached New Zealand in October 1769 on the first of his three voyages, was the first European to circumnavigate and map New Zealand. From the late 18th century, the country was regularly visited by explorers and other sailors, missionaries, traders and adventurers. In 1840 the Treaty of Waitangi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Parliament
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand ( King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865. The House of Representatives normally consists of 120 members of Parliament (MPs), though sometimes more due to overhang seats. There are 72 MPs elected directly in electorates while the remainder of seats are assigned to list MPs based on each party's share of the total party vote. Māori were represented in Parliament from 1867, and in 1893 women gained the vote. Although elections can be called early, each three years Parliament is dissolved and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissenting Opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise holding of the majority opi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Question Of Law
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles and can be applied to many situations rather than be dependent on particular circumstances or factual situations. An answer to a question of law as applied to the particular facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as having been settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Order In Council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' King-in-Council''), but in other countries the terminology may vary. The term should not be confused with Order of Council, which is made in the name of the Council without royal assent. Types, usage and terminology Two principal types of Order in Council exist: Orders in Council whereby the King-in-Council exercises the royal prerogative, and Orders in Council made in accordance with an Act of Parliament. In the United Kingdom, orders are formally made in the name of the monarch by the Privy Council ('' King-in-Council or Queen-in-Council''). In Canada, federal Orders in Council are made in the name of the Governor General by the King's Privy Council for Canada; provincial Orders-in-Council are of the Lieutenant-Governor-in-Council by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
