Claudia Geiringer

Victoria University of Wellington School of Law

PO Box 600

Wellington, 6140

New Zealand

SCHOLARLY PAPERS

16

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CITATIONS
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6

Scholarly Papers (16)

1.

Human Rights and Social Policy in New Zealand

Social Policy Journal of New Zealand, Vol. 12, No. 30, p. 12, 2007, Victoria University of Wellington Legal Research Paper No. 9/2011
Number of pages: 31 Posted: 28 Apr 2007 Last Revised: 05 Jan 2014
Claudia Geiringer and Matthew S.R. Palmer
Victoria University of Wellington School of Law and High Court of New Zealand
Downloads 275 (109,379)
Citation 1

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Socio-economic rights, human rights, law and policy, social policy, New Zealand

2.

When Constitutional Theories Migrate: A Case Study

American Journal of Comparative Law, Forthcoming
Number of pages: 36 Posted: 20 Jul 2017
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 148 (195,417)

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John Hart Ely, constitutional migration, constitutional borrowing, comparative law, comparative constitutional law, process theory, New Zealand Bill of Rights Act 1990, constitution making, constitutional theory

3.

The Principle of Legality and the Bill of Rights Act: A Critical Examination of R v Hansen

First published in the New Zealand Journal of Public and International Law, (2008) 6 NZJPIL 59., Also published in Claudia Geiringer and Dean Knight (eds) Seeing the World Whole: Essays in Honour of Sir Kenneth Keith (Victoria University Press, Wellington, 2008) 59., Victoria University of Wellington Legal Research Paper No. 103/2014
Number of pages: 37 Posted: 23 Jan 2014 Last Revised: 15 Mar 2015
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 117 (234,718)
Citation 3

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New Zealand Bill of Rights Act, Hansen, Ghaidan, human rights, statutory interpretation, Human Rights Act 1998 (UK), section 6, Kenneth Keith, statutory bills of rights, Commonwealth model, limits of interpretation

4.

Sources of Resistance to Proportionality Review of Administrative Power Under the New Zealand Bill of Rights Act

First published in the New Zealand Journal of Public and International Law, (2013) 11 NZJPIL 123., Victoria University of Wellington Legal Research Paper No. 106/2014
Number of pages: 39 Posted: 23 Jan 2014 Last Revised: 15 Dec 2015
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 88 (284,498)
Citation 1

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Commonwealth model, statutory bills of rights, proportionality, administrative law, discretion, judicial review, New Zealand Bill of Rights Act, section 5, human rights

5.

Tavita and All That: Confronting the Confusion Surrounding Unincorporated Treaties and Administrative Law

(2004) 21 New Zealand Universities Law Review 66
Number of pages: 21 Posted: 17 Jul 2015
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 71 (322,945)

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New Zealand, international law, reception of international law, presumption of consistency, statutory interpretation, administrative law, administrative discretion, unincorporated treaties, human rights, mandatory relevant considerations, immigration law, Tavita

6.

The Constitutional Role of the Courts under the NZ Bill of Rights: Three Narratives from Attorney-General v Taylor

48 Victoria University of Wellington Law Review (Forthcoming)
Number of pages: 19 Posted: 02 Nov 2017
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 67 (333,256)

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New Zealand Bill of Rights Act 1990, Dialogue, Separation of Powers, Statutory Bill of Rights, Commonwealth Model, Declarations of Inconsistency, Declarations of Incompatibility, Common Law, New Zealand

7.

On a Road to Nowhere: Implied Declarations of Inconsistency and the New Zealand Bill of Rights Act

First published in the Victoria University of Wellington Law Review (2009) 40 VUWLR., Victoria University of Wellington Legal Research Paper No. 105/2014
Number of pages: 37 Posted: 23 Jan 2014 Last Revised: 15 Mar 2015
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 47 (393,973)

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Commonwealth model, statutory bills of rights, statutory interpretation, declarations of inconsistency, declarations of incompatibility, declarations, Hansen, New Zealand Bill of Rights Act, proportionality, human rights, constitutional law

8.

International Law through the Lens of Zaoui: Where is New Zealand at?

(2006) 17 Public Law Review 300
Number of pages: 11 Posted: 21 Jul 2015
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 46 (397,452)
Citation 1

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international law, reception, principle of legality, presumption of consisitency, national security, Kenneth Keith, statutory interpretation, statutory incorporation, non-refoulement, inspector-general of security, security risk certificate, immigration act 1987, refugee convention art 33(2)

9.

The Dead Hand of the Bill of Rights? Is the New Zealand Bill of Rights Act 1990 a Substantive Legal Constraint on Parliament's Power to Legislate?

(2007) 11 Otago Law Review 389, Victoria University of Wellington Legal Research Paper No. 102/2014
Number of pages: 28 Posted: 12 Aug 2014 Last Revised: 20 Jul 2015
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 46 (397,452)

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Attorney-General, bills of rights, Commonwealth model, constitutional law, doctrine of implied repeal, legislative process, New Zealand Bill of Rights Act, Parliament, parliamentary bills of rights, parliamentary rights scrutiny, parliamentary sovereignty, statutory bills of rights, Section 7

10.

Rameka v New Zealand

(2005) 2 New Zealand Yearbook of International Law 185
Number of pages: 20 Posted: 17 Jul 2015
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 39 (423,280)

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preventive detention, New Zealand, Human Rights Committee, constructive dialogue, consensus, International Covenant on Civil and Political Rights, treaty bodies, individual communication, Rameka, article 9, indeterminate sentence, international law

11.

Process and Outcome in Judicial Review of Public Authority Compatibility with Human Rights: A Comparative Perspective

This paper was ultimately published as: Hanna Wilberg and Mark Elliott (eds) "The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow" (Hart Publishing, Oxford, 2015) 329
Number of pages: 26 Posted: 24 Jun 2014 Last Revised: 21 Jul 2015
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 38 (427,359)
Citation 3

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public authority compatibility; human rights; administrative law; proportionality; process; Commonwealth model; judicial review; Human Rights Act 1998; Canadian Charter of Rights and Freedoms; Victorian Charter; New Zealand Bill of Rights Act

12.

Citizenship as Humanitarian Relief: The Case of Roland Kun

(2017) 27 New Zealand Universities Law Review
Number of pages: 22 Posted: 04 Jan 2018
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 32 (452,459)

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citizenship, humanitarian circumstances, Nauru, Citizenship Act 1977, public interest

13.

Moving from Self-Justification to Demonstrable Justification – The Bill of Rights and the Broadcasting Standards Authority

First published in J Finn and S Todd (ed) Law, Liberty, Legislation: Essays in Honour of John Burrows QC (LexisNexis, 2008). The authors are grateful to the publishers for permission to publish it on SSRN., Victoria University of Wellington Legal Research Paper No. 104/2014
Number of pages: 45 Posted: 05 Jan 2014 Last Revised: 15 Mar 2015
Claudia Geiringer and Steven Price
Victoria University of Wellington School of Law and Victoria University of Wellington School of Law
Downloads 28 (471,543)
Citation 5

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Administrative law, public law, judicial review, media law, human rights, freedom of speech, balancing rights, conflict of rights, fundamental rights, charters of rights, tribunals, broadcasting law, New Zealand Bill of Rights Act 1990, constitutional law, proportionality, freedom of expression,

14.

Judging the Politicians: A Case for Judicial Determination of Disputes Over the Membership of the House of Representatives

(2005) 3 New Zealand Journal of Public and International Law 131
Number of pages: 34 Posted: 16 Jul 2015
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 16 (538,607)

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New Zealand, Parliament, House of Representatives, vacancy, Electoral Act 1993, section 55, membership, disqualification, the Speaker, legislative reform, parliamentary privilege, Alamein Kopu, Awatere Huata, Duynhoven, Nick Smith

15.

Book Review: Scott Stephenson. From Dialogue to Disagreement in Comparative Rights Constitutionalism. Federation Press, 2016.

(2017) 15 International Journal of Constitutional Law
Number of pages: 7 Posted: 04 Jan 2018
Claudia Geiringer
Victoria University of Wellington School of Law
Downloads 12 (562,517)

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Scott Stephenson, dialogue, Commonwealth model, inter-institutional disagreement, declarations of incompatibility, separation of powers, comparative constitutional law, institutional design

16.

Reading English in Context

[2003] New Zealand Law Journal 239
Posted: 29 Sep 2017
Claudia Geiringer
Victoria University of Wellington School of Law

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