The Unity of the Common Law and the Ending of Appeals to the Privy Council

Abstract

This article considers, from a New Zealand perspective, aspects of continuity, unity and difference (especially increasing difference) in the common law. It argues that the growing differences are to be seen as one significant reason for the ending of appeals from New Zealand to the Privy Council. The author suggests that we must instead understand the growth of international jurisdictions and the significance of increasing uniformity on a worldwide basis, rather than within the common law world alone.

Keywords: Common law, Privy Council, international law, legal system, New Zealand Supreme Court, New Zealand judiciary

JEL Classification: K40, K49, K33