Reconceptualising Specialist Environment Courts

(2017) 37(3) Legal Studies 391-47 DOI: 10.1111/lest.12161.

Posted: 12 Dec 2018

See all articles by Ceri Warnock

Ceri Warnock

University of Otago - Faculty of Law

Date Written: 2017

Abstract

Specialist environment courts and tribunals (SECs) are, in the main, reflective of highly dynamic forms of adjudication, mixing judicial forms with powers more traditionally found in the executive. However, despite their novel legal nature the literature on SECs is predominantly promotional and it fails to address the challenges to legitimacy and governance engendered by these institutions. Nor does it evince a robust theory of environmental adjudication. These omissions not only impoverish the discourse but practice unsupported by theory is creating an unstable edifice. To illustrate this point the difficulties experienced in New Zealand are examined. The argument is made that only by confronting the challenges created by SECs can we begin to lay the foundations for a new theoretical model capable of explaining and accommodating environmental adjudication.

Keywords: Environmental Law, New Zealand, Courts and Adjudication

JEL Classification: K00, K32, K40

Suggested Citation

Warnock, Ceri, Reconceptualising Specialist Environment Courts (2017). (2017) 37(3) Legal Studies 391-47 DOI: 10.1111/lest.12161., Available at SSRN: https://ssrn.com/abstract=3287357

Ceri Warnock (Contact Author)

University of Otago - Faculty of Law ( email )

PO Box 56
Dunedin North
Dunedin, 9016
New Zealand

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