In overturning the convictions of Peter Ellis, the Supreme Court showed Māori tikanga has a place in New Zealand’s common law. The lower courts and the law schools now need to make it work.
Centuries ago, women could “plead the belly” - argue they were pregnant to avoid the death penalty. It gave rise to the female jurors in Australian courtrooms.
Expert opinion is necessary as part of the justice system – but nobody is asking if the experts are fit for the task and if their evidence is reliable.
Appointing individuals who may have links to the party in power is not necessarily troublesome, as long as the process emphasizes legal knowledge and fairness, and not partisan considerations.
If passed, B.C.’s Bill 45 will trample over the constitutional rights of unhoused people by ignoring shelter barriers, Indigenous rights and the need for daytime shelter
Court decisions based on a judge’s discretion rather than the letter of the law are increasingly common. But this risks undermining some basic liberties.
Pseudolaw looks a bit like law. It uses legal texts and sounds like something a lawyer might say. But it does not follow normal legal rules. So where did it come from, and why it is so worrisome?
A critical race theory scholar explains why it’s problematic to use rap lyrics as evidence of a crime, and what some lawmakers are doing to protect artistic expression.