New Zealand, Canadian and Australian common law has traditionally been influenced by developments in the United Kingdom, and to a lesser extent, legal developments of that other great common law bastion, the United States of America. That picture has changed significantly over the last two decades as the legal practices of these Commonwealth countries has matured. There is now significant inter-connectivity between these nations which has generated much legal discourse.
Traditional legal discourse focuses upon rights, primarily aimed at creating a cohesive normative structure embodied in the rule of law. The law of remedies deals with the practical actualization of rights; in turn, often shaping the content of the normative rights being asserted.
This Remedies Symposium is designed to explore the intersection of remedies and rights in domestic legal systems, but its frame of reference is distinctly trans-national. It asks whether it is now appropriate to speak of a new understanding of the common law. A common law that traces its historical roots back to Anglo legal traditions, but which builds upon share political and social beliefs, and the mutual respect to be accorded the jurisprudence of all mature Commonwealth legal systems.
This Symposium will appeal to lawyers, academics, judges, and policy makers who wish to delve more deeply into how remedial issues shape rights, and to those desiring to understand emerging remedial issues across Commonwealth jurisdictions.
Leading specialists from Australia, Canada, New Zealand, the United Kingdom and the United States of America, have been invited to write and contribute to one of the five themes outlined on the “Conference Details” webpage. These papers will be made available to registrants prior to the conference, the aim being to allow a dialogue and discussion between panellists and registrants.