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Sexual Dignity in Rape Law
Dignity is a famously contested concept, suggesting its deployment as a legal principle should be closely scrutinized. This Article sets out a functional and contextual analysis of dignity as an organizing principle ...
Dignity and Mana in the "Third Law" of Aotearoa New Zealand
The concept of dignity is increasingly recognised in Aotearoa New Zealand case law and legislation as an important value. Indeed, it has the potential to become a foundational interpretive value within our legal system. ...
Diplomatic Assurances as a Basis for Extradition to the People’s Republic of China.
China human rights experts have responded with scepticism to a “troubling precedent” handed down by the New Zealand Supreme Court in June (Donald Clarke “New Zealand’s Troubling Precedent for China Extradition”, Lawfare, ...
What's a Judge to Do? Allegations of Police Torture in China as Evidence in an English Court
The author considers the UKSC case Shagang Shipping Co Ltd (in liq) v HNA Group Co Ltd, in which the Supreme Court had to determine the admissibility go unproven but credible allegations of torture by Chinese police. The ...
The “Any Evidence” Rule in New Zealand Family Law
The ‘any evidence’ rule provides judicial discretion to admit evidence in the Family Court that would otherwise be inadmissible. Although the rule has frequently been criticised, its operation and ongoing value have not ...
What’s a Judge to Do? Allegations of Police Torture in China as Evidence in an English Court
In Shagang Shipping Co Ltd (in liq) v HNA Group Co Ltd [2020] UKSC 34, [2020] WLR(D) 488, the United Kingdom Supreme Court faced the vexing and politically fraught question of the admissibility of unproven but credible ...