Judges' Reasons for Judgemnts: To Whom Do They Belong?
New Zealand Universities Law Review, Vol. 18, pp. 253-286, 1998
34 Pages Posted: 10 Jul 2012
Date Written: December 1, 1996
Reasons for judgments both manifest and apply the principles of law and legal reasoning in a particular action. Although statute and precedent form the basis of common law legal systems, the copyright and prerogative issues regarding judges’ reasons for judgments are of a different nature to those governing publication of Acts of Parliament. Both share uncertainty and similar policy considerations. A number of cases are cited in common in discussions of the development of copyright and prerogative in their publication. However, the history and evolution of these rights in Acts of Parliament and reasons for judgments followed different courses.
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