Noel Cox

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Noel Cox is an independent researcher, and a priest of the Anglican Church in Aotearoa, New Zealand and Polynesia. He was Professor of Law, Aberystwyth University 2010-2014 and was Head of the Department of Law and Criminology 2010-2013. Previously he was professor of law at Auckland University of Technology. He is a non-practising barrister. His major fields of research interest are constitutional law and ecclesiastical law. His work has been published in the USA, the UK, Canada, Australia, the Netherlands, Japan, New Zealand, and elsewhere. He has presented conference papers in many countries, and been a visiting fellow at the University of Cambridge (Wolfson and St Edmund’s Colleges) and The Australian National University.

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Books by Noel Cox

Constitutional paradigms and the stability of states

Technology and Legal Systems

Church and State in the Post-Colonial Era: The Anglican Church and the Constitution in New Zealand

A Constitutional History of the New Zealand Monarchy: The evolution of the New Zealand monarchy and the recognition of an autochthonous polity

The Enforcement of Professional Ethics and Standards in the Kenyan Legal Profession

The report of the World Bank enquiry into the state of discipline of the legal profession in Kenya

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Collected Essays: Part 2

Collected Essays: Part 1

Essays on Constitutional Law: with particular emphasis on the Crown

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The law of the church in the twenty-first century: Essays on law and religion

The catholicity of ordained ministry in the Anglican Communion: An examination of the ecclesiology implicit in the validity of orders debate

Selected Sermons, 2009-2013

Four months in Europe: A New Zealand academic at large

Theological Reflections: Thoughts on the road to ordination

Sir Henry Rider Haggard: A collection of commentaries on his novels

Academical Dress in New Zealand

Constitutional responses to paradigmatic shifts in technology

The technological revolution affecting the global economy has profound implications not merely fo... more The technological revolution affecting the global economy has profound implications not merely for society, but also for global and national legal systems. This work short considers the nature of the constitutional responses to paradigmatic shifts in technology. It considers the nature of constitutions and of their relationship with technology. It then proceeds to briefly examine several seminal technological changes in the past, in order to identify common elements in relation to constitutions and technology. It then looks at several contemporary technological revolutions, with a similar purpose. Finally, it seeks to draw some common themes from these examples, with the intention of identifying some lessons to guide law and policy-makers.

Canmlwyddiant, Cyfraith a Chymreictod: A celebration of the life and work of Dafydd Jenkins 1911-2012

Papers by Noel Cox

Authority for the Use of the Royal Arms in Churches

Social Science Research Network, 2003

ABSTRACT

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Technological Challenges to Law, Property and Ethics

Judicial review of the prerogative

Constitutional paradigms and the stability of states

Technology and Legal Systems

Church and State in the Post-Colonial Era: The Anglican Church and the Constitution in New Zealand

A Constitutional History of the New Zealand Monarchy: The evolution of the New Zealand monarchy and the recognition of an autochthonous polity

The Enforcement of Professional Ethics and Standards in the Kenyan Legal Profession

The report of the World Bank enquiry into the state of discipline of the legal profession in Kenya

Download

Collected Essays: Part 2

Collected Essays: Part 1

Essays on Constitutional Law: with particular emphasis on the Crown

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The law of the church in the twenty-first century: Essays on law and religion

The catholicity of ordained ministry in the Anglican Communion: An examination of the ecclesiology implicit in the validity of orders debate

Selected Sermons, 2009-2013

Four months in Europe: A New Zealand academic at large

Theological Reflections: Thoughts on the road to ordination

Sir Henry Rider Haggard: A collection of commentaries on his novels

Academical Dress in New Zealand

Constitutional responses to paradigmatic shifts in technology

Canmlwyddiant, Cyfraith a Chymreictod: A celebration of the life and work of Dafydd Jenkins 1911-2012

Authority for the Use of the Royal Arms in Churches

Social Science Research Network, 2003

ABSTRACT

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Technological Challenges to Law, Property and Ethics

Judicial review of the prerogative

The prerogative and convention

Routledge eBooks, Aug 31, 2020

Note on the author

The nature of the prerogative

Routledge eBooks, Aug 31, 2020

The extension of the prerogative to the colonies

T. R. S. Allan, Constitutional Justice: A Liberal Theory of the Rule of Law

Social Science Research Network, Aug 25, 2003

The origins of the prerogative

The prerogative and statute

The Centenary Eucharist and Presentation of the Lambeth Diploma and MA Degrees

Transactions of the Burgon Society, 2014

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Lambeth Degree Academic Dress

Transactions of the Burgon Society, 2005

In the United Kingdom the right of universities and other institutions to confer degrees is stric... more In the United Kingdom the right of universities and other institutions to confer degrees is strictly controlled by legislation. 1 Lambeth degrees, also occasionally and perhaps misleadingly called Canterbury degrees (as in 'DMus Cantuar') 2 are still awarded by the archbishop of Canterbury under the general authority of the Ecclesiastical Licences Act 1533-1534, 3 although he is not a university nor an educational institution per se. The continued specific authority for the archbishop to grant degrees can however be found in the Education Reform Act 1988, 4 and the Education (Recognised Bodies) (England) Order 2003. 5 But unlike other degreegranting bodies, the archbishop of Canterbury does not prescribe a distinct set of academical dress for the recipient of his degrees. Instead the academic dress is either that Oxford or Cambridge. This is due, at least in part, to the history and nature of the degrees which he confers. Lambeth degrees are not honorary degrees, 6 though the candidates do not, in general, sit any examinations. 7 Indeed, to require examinations as a regular course 1 Only those universities, colleges or other bodies authorized by royal charter or Act of Parliament can confer degrees; Education Reform Act 1988 s 214 (2) (a) and (b). Polytechnics, which have now become universities, and the various degree-awarding colleges are provided for in separate legislation. Any award may by Order in Council be designated a recognized award. These include the Degree of the Utter Bar (Inns of Court), Degree of Barrister-at-Law (Inns of Court of Northern Ireland), and the Degree of Master of Horticulture of the Royal Horticultural Society. 2 Letter to the author from the Rt Revd Frank Sargeant, bishop at Lambeth, 8 December 1995. 3 25 Hen VIII c 21 (1533-1534) s 3. 4 s 216(1). 5 SI 2003/1865. The older universities, the archbishop of Canterbury, the now defunct Council for National Academic Awards, Union Theological College, Royal College of Music, and the Royal College of Art are listed in the Education (Recognised Bodies) Order (England) 2003 (SI 2003/1865) and later regulations. 6 The faculty awarding the degree states 'PROVIDED ALWAYS that these Presents do not avail you anything unless duly registered by the Clerk of the Crown in Chancery.' The wording of the Faculty expressly states that the Faculty is to 'create you an actual MASTER OF ARTS. And we do also admit you into the Number of the Master of Arts of

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The Covid-19 general election in New Zealand

The Round Table: The Commonwealth Journal of International Affairs, Nov 1, 2020

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Cybercrime and Jurisdiction In New Zealand

Information technology & law series, 2006

Monarchy or Republic?

Bloomsbury Academic eBooks, 2020

The Notary Public The Third Arm of the Legal Profession

Social Science Research Network, 2003

The notary public is a survival of a civil law notion in the common law. The notary public's duti... more The notary public is a survival of a civil law notion in the common law. The notary public's duties are primarily involved with authenticating documents. Notaries are appointed under the authority of the Archbishop of Canterbury. Although some consideration was given in New Zealand a decade ago to the introduction of a Notaries Public Bill, no Bill was ever introduced. Though it may seem anomalous to have a type of New Zealand legal practitioner appointed by an ecclesiastical authority, let alone an English one, this is not now the primary factor which should influence any review of the office. Modern commercial practice, and especially electronic commerce, makes it imperative that any change takes into account international usage of the office. was given at the time to enacting the Imperial Laws Application Act to introduce a Notaries Public Bill, in order to make provision for notaries public. In the event nothing was done, and the office remains unreformed. Yet the appointment remains sought after, with over 200 in practice today. Reforms have now taken place in England and Wales, reforms that affect, to some extent, the position of notaries in the Commonwealth still appointed under the jurisdiction of the Archbishop of Canterbury. With the introduction of mutual recognition legislation for legal practitioners it may now be time to reconsider the position of the notary. Growth in electronic commerce and the resultant need for international harmonisation also suggest that it is time the office was reexamined. This paper will look first at the nature of notaries. It will then examine their duties. The mechanism of appointment will be reviewed, both in the Commonwealth generally, and in New Zealand specifically. To conclusion it will outline some of the factors which must be considered in any review of the office of notary public in New Zealand. 2 Nature of a notary An understanding of the office of notary is only possible within its historical framework. Notaries Public 2 are creatures of the civil law, though they have a long been a feature of the common law world, being mentioned in the Statute of Provisors 1352 3. They were always ecclesiastical officers 4 , appointed from 1533 5 by the Master of the Faculties to the Archbishop of Canterbury 6 , in order to substantiate evidence of human activities 7. All 2 Also called notaries, or public notaries; In Latin, variously registrarius, actuarius, or notarius. The modern notary corresponds rather to the tabellis or tabularius, rather than to the notarius, who was a scribe (and often a slave). 3 25 Edw III stat 4 (Eng). 4 In canon law, a notary is a person legitimately constituted by ecclesiastical authority to authenticate by his or her signature ecclesiastical documents. By the fourth Lateran Council (1215), every ecclesiastical court was required to have a notary. In the Roman Catholic Church, the notary is commonly in holy orders. Lay notaries did not appear until as late as the fourteenth century 5 By the Ecclesiastical Licences Act 1533 (25 Hen VIII c 21) (Eng).

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Science as a battleground for free speech: lessons from New Zealand

The Round Table: The Commonwealth Journal of International Affairs, Jan 2, 2022

In 2021, a group of seven senior academics from the University of Auckland, New Zealand, publishe... more In 2021, a group of seven senior academics from the University of Auckland, New Zealand, published a letter to the editor in The Listener, a weekly magazine. The authors, who included three Fellows of the Royal Society of New Zealand, were commenting on proposals to include, in the New Zealand national schools’ curriculum, the NCEA (New Zealand Certificate in Educational Achievement), indigenous knowledge on the same level as what were described as other ‘bodies of knowledge’, ‘particularly Western/Pākehā [European New Zealand] epistemologies’. In other words, Māori traditional knowledge would effectively be given equal standing with physics and chemistry. The Māori understanding of the world – that all living things originated with Rangi and Papa, the sky mother and sky god, for instance, – should therefore be presented as equally valid as the general theory of relativity, or oncology. The authors of the letter opposed this proposal in principle, saying that ‘Indigenous knowledge is critical for the preservation and perpetuation of culture and local practices, and plays key roles in management and policy’, but concluded that, ‘In the discovery of empirical, universal truths, it falls far short of what we can define as science itself’. They also responded to the working group’s claim that science had been used as ‘a rationale for colonisation of Māori and the suppression of Māori knowledge’. The authors conceded that science – like literature and art – ‘has been used to aid colonisation’ but stated ‘Science itself does not colonise’. The letter created a storm of controversy, with most responses being highly critical of the letter and of its authors. The Royal Society commented that ‘The Society strongly upholds the value of mātauranga Māori and rejects the narrow and outmoded definition of science outlined [in the letter]’. It commenced disciplinary action against Professor Garth Cooper, and Emeritus Professor Robert Nola, a philosopher of science; a third Fellow of the Royal Society who had co-signed the letter had since died. Cooper, a Professor of Biochemistry and Medicine, is himself of Pākeha and Māori descent. He later noted that the main reason he signed the Listener letter was because he was ‘concerned [that teaching] Māori kids about the colonising effects of science [would] lead to loss of opportunity’. Before looking at the harmful effect of this controversy, particularly on free speech (and especially academic free speech), it is worth noting that the basis of mātauranga Māori is kaupapa Māori, or the principles of Māori thought. Overarching concepts are whakapapa (genealogy) and language (te reo Māori). The values and beliefs behind

Property law and Imperial and British titles: the Dukes of Marlborough and the Principality of Mindelheim

Tijdschrift voor rechtsgeschiedenis, 2009

The title of prince of the Holy Roman Empire was conferred in 1704 upon all the children heirs an... more The title of prince of the Holy Roman Empire was conferred in 1704 upon all the children heirs and lawful descendants, male and female, of John Churchill, the first duke of Marlborough. The title of prince of Mindelheim was granted in 1705 to all male descendants and daughters of the first duke. But following the Treaty of Utrecht in 1713 and the Treaty of Rastatt in 1714 the principality passed to Bavaria. The right of the dukes of Marlborough to use the style and title was thus lost, and any residual rights would have expired in 1722 on the death of the duke, as they could not pass to a daughter (unlike his British titles). Despite this it is still common practice to describe the Duke of Marlborough as a Prince of the Holy Roman Empire and Prince of Mindelheim. This paper considers the differences in the treatment of the descent of the British and imperial titles.

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Justice, Fairness and the Common Law: The Tort of Misfeasance in Public Office

Social Science Research Network, 2015

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The Royal Prerogative and Constitutional Law

This book examines the royal prerogative in terms of its theory, history, and application today. ... more This book examines the royal prerogative in terms of its theory, history, and application today. The work explores the development of the royal prerogative through the evo lution of imperial government, and more recent structural changes in the United Kingdom and elsewhere in the Commonwealth. While examining specific pre rogative powers, the development of justiciability of the prerogative, and the exercise of the prerogative, it lays bare the heart of constitutionality in the West minster system of government. There is said to be a black hole of unaccountable authority at the heart of the constitution and it is this which this book examines. The focus is upon the constitutional development of the United Kingdom and the old dominions of Canada, Australia, and New Zealand. This approach is com parative and historical, using specific case studies of such events as the dissolution of Parliament and the appointment and dismissal of Prime Ministers. The book will be of interest to academics and researchers working in the areas of constitutional law and politics. To my dearly beloved wife Katy, whose support, patience and understanding are always appreciated, and to my late twin brother John, with whom many of the issues covered in this work were discussed, and to whom they were ever important. Contents Preface ix Introduction 1 1 The origins of the prerogative 20 1.1 Introduction 20 1.2 The origins of the prerogative 21 1.3 Competing conceptions of the origins of authority 22 1.4 The seventeenth century 34 1.5 Conclusion 38 2 The nature of the prerogative 39 2.1 Introduction 39 2.2 The nature of the prerogative 40 2.3 Alternative ways of categorising the royal prerogative 46 2.4 Acts of State 52 2.5 Conclusion 54 3 The scope of the prerogative 55 3.1 Introduction 55 3.2 The scope of the royal prerogative 56 3.3 The appointment and dismissal of a Prime Minister 78 3.4 Conclusion 81 4 Classification of the prerogative 83 4.1 Introduction 83 4.2 Classification of the prerogative 88 4.3 Conclusion 102 viii Contents 5 The extension of the prerogative to the colonies 103 5.1 Introduction 103 5.2 The extension of the prerogative to the colonies 105 5.3 Black's case 123 5.4 Conclusion 133 6 Judicial review of the prerogative 134 6.1 Introduction 134 6.2 Legal control of the prerogative 138 6.3 Judicial review of the prerogative 139 6.4 R. (Miller) v. The Prime Minister; Cherry & Ors. v. Advocate General for Scotland 152 6.5 Conclusion 164 7 The prerogative and statute 166 7.1 Introduction 166 7.2 The prerogative and statute 167 7.3 Conclusion 178 8 The prerogative and convention 179 9 Curtailment of the prerogative 202 9.1 Introduction 202 9.2 Curtailment of the prerogative 203 9.3 Limitations on the prerogative 209 9.4 The fate of the prerogative in Ireland 210 9.5 Conclusion 214 Conclusion 215 Note on the author 222 Bibliography 224 Index 265 Poole, Thomas, "United Kingdom: The royal prerogative" (2010) 8(1) I�CON 146-155, 146. 4 See Anson, Sir William, The Law and Custom of the Constitution ed. A.B. Keith (5th edn., 1922). 5 As to the common law, see Bracton, de, Henry, On the Laws and Customs of England (Henri de Bracton de Legibus et Constuetudinibus Angliae) ed. G.E. Woodbine; trans. S.E. Thorne (1968) (Bracton), lib. I, c. 8 (Bracton); Blackstone, Sir William, Commentaries on the Laws of England ed. E. Christian (14th edn., 1803), pp. 241-242.

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Noel Cox

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