Imagine a space in which the Rule of Law does not have the same prevalence it has in the real space. Imagine a space where fundamental rights are created and enforced by the technology, a space in which your rights are absolute, meaning that you enjoy no limits on them in exchange for not being...

This paper argues that judicial review usually emerges in response to a nation's need for an umpire to resolve federalism or separation of powers boundary line disputes. Once such an umpire is established, judicial review tends to expand to protect individual rights as well as umpiring among...

An increasing amount of literature links the quality of institutions and governance to economic performance across the economies. In this respect, the maintenance of rule of law plays a critical role, for it encourages growth, investments and innovations, and firm growth and business...

This paper was originally given as the opening address at the Eighth Inter-Pacific Bar Association Conference held in Auckland in May 1998. In it, Sir Ivor discusses the desirable features of a legal system from the perspective of commercial lawyers and their clients. These are: a fair and...

This Article explores contemporary meanings of the rule of law with a focus on its meaning in Chinese history and tradition, as well as Chinese legal institutions. Part I considers the concept of law in China, from early understandings in Confucianism and Legalism to more recent treatments in...

How is an Australian lawyer to analyse how Australian law (say, of succession, or property, or taxation) applies to a foreign trust or trust-like structure? This note deals with two issues which arise when a foreign legal institution interacts with the Australian legal system. The first is one...

The goal of this article is to advance the theory of legal entitlements by developing a new theory of autonomy entitlements to describe fundamental constitutional rights and other individual liberties. Such rights, a primary objective of which is to provide, directly or indirectly, a zone of...

The European financial and euro area debt crisis has exposed fundamental flaws of the system of economic governance in the euro area and namely of the legal framework introduced into primary Union law by the 1992/1993 Treaty on European Union governing economic policy coordination. This crisis...