Looking Back in Anxiety: Reflecting on Colonial New Zealand's Historical-Political Constitution and Laws’ Histories in the Mid-Nineteenth Century

New Zealand Journal of History 48, 1-29, 2014

Victoria University of Wellington Legal Research Paper No. 58/2020

30 Pages Posted: 21 Aug 2020 Last revised: 24 Aug 2020

See all articles by Mark Hickford

Mark Hickford

Victoria University of Wellington - Faculty of Law

Date Written: 2014

Abstract

This essay addresses a concept of political as opposed to legal constitutionalism in New Zealand, including how such a concept might assist legal-historical analysis. It does so with reference to what the author has characterized as historical-political constitutionalism, focused upon expanding and diversifying areas of contestability and dissent in and through politics as opposed to relying on case- by-case legalism. In examining constitutionalism in this manner, this article foregrounds the ongoing political contestation that shaped and defined governmental power across various layers and interconnections of activity and thought, not only local or provincial but also trans-oceanic.

Keywords: Constitutional Law, New Zealand

JEL Classification: K00, K10

Suggested Citation

Hickford, Mark, Looking Back in Anxiety: Reflecting on Colonial New Zealand's Historical-Political Constitution and Laws’ Histories in the Mid-Nineteenth Century (2014). New Zealand Journal of History 48, 1-29, 2014, Victoria University of Wellington Legal Research Paper No. 58/2020, Available at SSRN: https://ssrn.com/abstract=2755935

Mark Hickford (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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