5 December 2005

Marriage (Gender Clarification) Amendment Bill

Civil Union Campaign: Factsheet - Marriage (Gender Clarification) Amendment Bill The Civil Union Campaign has published a factsheet on this Bill and explains why it opposes it. Delightfully well written if you ask me... *grin* ...although I might have used the word "egregious" and "heinous" rather than unacceptable (and indeed, I may have in earlier drafts... but those words - probably wisely - got replaced in the editing process... )

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Course Lecturer

Dean Knight

Senior Lecturer, Faculty of Law
Associate, New Zealand Centre for Public Law
Victoria University of Wellington
New Zealand

PhD Candidate
London School of Economics and Political Science
United Kingdom

Email: dean.knight@vuw.ac.nz

Course Outline

Lord Justice Lawton in Maxwell v Department of Trade and Industry [1974] 2 All ER 122 said:

"From time to time ... lawyers and judges have tried to define what constitutes fairness. Like defining an elephant, it is not easy to do, although fairness in practice has the elephantine quality of being easy to recognise. As a result of these efforts a word in common usage has acquired the trappings of legalism: 'acting fairly' has become 'acting in accordance with the rules of natural justice', and on occasion has been dressed up with Latin tags. This phrase in my opinion serves no useful purpose and in recent years it has encouraged lawyers to try to put those who hold inquiries into legal straitjackets.... For the purposes of my judgment I intend to ask myself this simple question: did the [decision-maker] act fairly towards the plaintiff?"


This course examines the elephantine concept of fairness in the law, along with other contemporary legal issues.

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