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PUTTING AWAY CHILDISH THINGS: AN ARGUMENT FOR COHESION AFTER THE PRIVY COUNCIL

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Abstract:

With its recent enactment of the Supreme Court Act 2003, the New Zealand Parliament has abolished New Zealand appeals to the Judicial Committee of the Privy Council. This change will present very real options for New Zealand's new final Court as to where it will steer the development of New Zealand's domestic jurisprudence. The Privy Council has provided coherence and, to a high degree, consistency of developing principle across state boundaries. Its value for the international rule of law has had a symbolic importance internationally that transcends the objective significance of particular decisions. The final courts of the Commonwealth, the Supreme Court of New Zealand among them, should strive deliberately, not only to identify and do full justice to the identity and values of their own people, but to maintain and develop an ever-improving international jurisprudence within the domestic law of the sovereign states. The shared, largely common law tradition of Commonwealth members should facilitate a trend that the world community badly needs.

Document Type: Research Article

Publication date: January 1, 2003

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