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Notes
1. “The will of the people is the only legitimate foundation of any government, and to protect its free expression should be our first object.” Thomas Jefferson (1743–1826), third President of the USA (1801–1809).
2. Diamond, J. M. (2005) Collapse: How Societies Choose to Fail or Succeed (New York and London: Viking Press).
3. Holdgate, M. W. et al. (1989) Climate Change: Meeting the Challenge (London: Commonwealth Secretariat).
4. Lake Victoria Commonwealth Climate Change Action Plan (2007) (London: Commonwealth Secretariat).
1. With effect from 1 January 2004 (s 2).
2. Between 1841 and 1981 the principal court of original jurisdiction in New Zealand was the Supreme Court—now renamed the High Court.
3. Hearings will not, however, begin before 1 July 2004 (s 53).
4. Australia and Canada, and many of the newer Commonwealth countries.
5. Crown Law Office (2000) Reshaping New Zealand's Appeal Structure (Wellington: Crown Law Office), p. 1.
6. See also Cox, Noel (2001) The abolition or retention of the Privy Council as our final court of appeal, LawTalk, no. 561 (14 May), p. 18; Cox, Noel (2002) The abolition or retention of the Privy Council as the final Court of Appeal for New Zealand: conflict between national identity and legal pragmatism, New Zealand Universities Law Review, 20(2), pp. 220–238; Cox, Noel (2002) End of the Privy Council as the final Court of Appeal for New Zealand? The Commonwealth Lawyer, 11(2), pp. 32–34.
7. For example, Roger Partridge, of Bell Gully, cited in Chapple, Irene (2001) Law Lords retain their appeal, New Zealand Herald, 3 December, p. D1.
8. Articles 7, 92–96 of the United Nations Charter, Statues of the International Court of Justice.
9. Article 35, Treaty on European Union; Article 7, Treaty Establishing the European Community, Rome, 25 March 1957.
10. Decision 88/591/ECSC, EEC, Euratom, 24 October 1988.
11. The Judicial Committee (The Eastern Caribbean Supreme Court) Order 1992 (SI 1992/2664) (UK) under the authority of the Judicial Committee Amendment Act 1895 (58 & 59 Vict c. 44) (UK). Agreement was reached in principle in February 2001 to replace the Judicial Committee of the Privy Council with a Caribbean Court of Justice; Le Sueur and Cornes, supra n 35, 103.
12. A new east African Court of Appeal was proposed more recently: Ndirangu (1998), Kenyan lawyers poke holes in EAC pact, The East African, 6–12 July.
13. Wade, E. C. S. and Phillips, Godfrey (1970) Constitutional Law, 8th ed. (London: Longman), pp. 418–421.
14. The law is, in any event, becoming increasingly globalized; Dr Gordon Cruden in a letter to LawTalk, 562.
15. [1903] NZPCC 730; 1 NZLRCC 84.
16. (1877) 3 NZ Jur (NS) SC 72.
17. (1900-01) NZPCC 371, 382; cf St Catherines Milling and Lumber Co v The Queen (1887) 13 SCR 577, 607-616 (PC).
18. (1902) 21 NZLR 655.
19. [1903] AC 173 (PC).
20. 25 April 1903, in [1840–1932] NZPCC App 1730. See also Swinfen, David (1987) Imperial Appeal (Manchester: Manchester University Press), pp. 166–167.
21. [1986] 1 NZLR 680; McHugh, Paul (1999) From sovereignty talk to settlement time: the constitutional setting of Maori Claims in the 1990s, in Paul Havemann (Ed.), Indigenous Peoples' Rights in Australia, Canada, and New Zealand (Auckland: Oxford University Press), p. 458.
22. [1987] 1 NZLR 641.