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Whakaritea Te Pārekereke: Engaging with legal pluralism in Aotearoa/New Zealand legislation to facilitate future constitutional transformation
Graduate Thesis/Dissertation   Open access

Whakaritea Te Pārekereke: Engaging with legal pluralism in Aotearoa/New Zealand legislation to facilitate future constitutional transformation

Mila Jean Urlich
~ Bachelor of Laws with Honours - LLB (Hons), University of Otago
2023
Handle:
https://hdl.handle.net/10523/47116
Appears in  Dissertations

Abstract

New Zealand Law legal pluralism tikanga Māori constitutional transformation Otago Yearbook of Legal Research
Aotearoa/New Zealand is a legally pluralist society. We are currently being inundated with discussion around how tikanga Māori and Aotearoa/New Zealand state law relate to one another, with the Ellis case, the recognitions of places as legal persons, and the recent Law Commission report He Poutama, as some examples which have all been covered extensively by legal scholars and journalists alike. In the course of his work on He Poutama, Justice Whata has dubbed it "a Cambrian explosion". However, the orthodox position maintained by the state is that Aotearoa/New Zealand is a monolegal society, with state legislation at the apex. As a result, Aotearoa/New Zealand’s constitutional foundations are uncertain at best, incoherent or illegitimate at worst. The starting point for this dissertation is that we ought to try and strengthen these foundations, to create greater constitutional legitimacy.
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