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A Perspective on Balance and the Role of Law

Matthew S. R. Palmer, Victoria University of Wellington

Abstract

This article examines the patterns discernible from the different areas of law examined at the conference in honour of Sir Ivor Richardson. Where the role of law is clearly established, such as in the "black-letter" areas of employment, commerce, and taxation, law is the instrument which society uses to strike balances between competing interests. In "red-letter" socio-political areas of law, such as indigenous rights, human rights and constitutions, where the role of law is less well-established, debate tends to focus on whether law, and the courts, are the appropriate instrument by which to strike a balance.

Suggested Citation

Matthew S. R. Palmer. "A Perspective on Balance and the Role of Law" Roles & Perspectives in the Law: Essays in Honour of Sir Ivor Richardson, Ed. David Carter & Matthew Palmer (Wellington: Victoria University Press, 2002) at 1 (or (2002) 33 Victoria University of Wellington Law Review 425).