Writing things unwritten: Common law in New Zealand’s constitution

Judge Posner’s Common Law Constitution

This past year, Judge Richard Posner published a pair of essays endorsing the common law method of constitutional interpretation. “David Strauss is right,” he wrote, in a contribution to Slate’s annual Supreme Court Breakfast Table. “The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those ...

America’s Constitution, Written and Unwritten

The Constitution, the Courts and the Common Law

Remembrance of things past … Writing

When I was young and brash and generally ignorant, I found writing easy. I could dash off pieces entitled “Towards a Semantic Sociology” with no effort at all. This appeared in a student’s magazine but fortunately did not achieve wide circulation and does not figure in my list of publications. I was eighteen and a committed logical positivist. At an even earlier age, I won a prize for writing. ...

The New African Law: Beyond the Difference Between Common Law and Civil Law