ProfessorPhilip Joseph
Emeritus Professor
Faculty of Law
- Emeritus ProfessorFaculty of Law
SERVICE & LEADERSHIP
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- FELLOWSHIPCanterbury Exchange Fellowship at the University of Cambridge1 Sep 2024 - 30 Nov 2024This Fellowship grants me three months residence at the University of Cambridge to further my research in public law.
- FELLOWSHIPCanterbury-Cambridge Visiting Fellowship at the University of Cambridge1 Sep 2024 - 1 Dec 2024This was both a teaching and research fellowship at the University of Cambridge, designed to enhance teaching methods and develop reseach projects through exposure to United Kingdom developments.
- EVENT PARTICIPATIONFunction13 Jul 2023Organised the public lecture as part of the University of Canterbury's 150th anniversary celebrations.
- DISTINCTIONJF Northey Book Award 2022, Legal Research Foundation, awarded for Joseph on Constitutional and Administrative Law (5th ed, Thomson Reuters, Wellington, 2021) (the second the text has won the award)1 Jan 2022The 1st edition (1993) of this text also won the Award in 1994. This was the first (and only) time that the Award has been won twice by a legal academic.
- FELLOWSHIPCanterbury Exchange Fellowship at the University oif Cambridge1 Sep 2013 - 31 Dec 2013Research fellowship at the Uniuversity of Cambridge, where I delivered a staff seminar titled, "False dichotomies in Administrative Law". Completed revisions for the 4th edition of "Constitutional and Administrative Law in New Zealand" (4th ed, Thomson Reuters, Wellington, 2014).
- EVENT ADMINISTRATION1 Jan 2011As Consultant to Russell McVeagh, I organise a speakers' programme in which invited speakers present seminars to in-house legal staff and in-house counsel employed by the firm's corporate clients. As many as 50 persons might attend. The speaker line-up varies but speakers typically include the following public office-holders: Ms Rebecca Kitteridge (Secretary of Cabinet), Ms Beverley Wakem (Chief Ombudsman) or Dr David McGee QC (Ombudsman), Ms Marie Shroff (Privacy Commissioner), and Ms Mary Harris (Clerk of the House of Representatives) or Ms Debbie Angus (Deputy-Clerk of the House of Representatives). I supplement the speaker line-up each year by presenting seminars on topics of special interest. Seminars are held every 4-6 weeks and are excellent for facilitating research and professional networks. These networks are invaluable for my on-going research and publication. I rely extensively on the above office-holders for specialist information when revising my public law text for new editions.
- MEMBERSHIPNew Zealand Universities Law Review1 Jan 1997 - 1 Jan 2002Member of the Editorial Committee New Zealand Universities Law Review (2000-2001)
- MEMBERSHIPPublic Law Review (LBC Australia)1 Jan 1997 - 1 Jan 2002Member of the Board of Advisors, Public Law Review (LBC Australia) (1996 - )
- EDITORIALPublic Law Review
- EVENT PARTICIPATIONI chaired the session, Applied Theory on Governance, at "We the People(s)" Conference, New Zealand Centre for Public Law, Legislative Council Chamber, Parliament Buildings, Wellington, 11-12 February 2010. Speakers in the session whose presentations I chaired were: Professor Karen Knop (videolink from Toronto), Dr Matthew Palmer and Dr Richard Ekins. I introduced the speakers and their topics and led question-time from the chair.
- EVENT PARTICIPATIONI chaired the annual Public Law Conferences, Wellington, 1999-2002 organised by Business Information in Action, International Institute for Research, and Confernnz Information in Action (6 conferences).
- EVENT PARTICIPATIONI was invited to present papers at the Society of Public Teachers of Law Conferences (UK) held at the University of Manchester (1998) and University College London (2000).
- EVENT PARTICIPATIONI was Keynote Speaker at the annual Public Law Conferences, Wellington, 1999-2002 organised by Business Infromation in Action, International Institute for Research, and Conferenz Business Information in Action (see entry above).
- EVENT PARTICIPATIONI have been invited as a Plenary Speaker to address the 10th World Conference of the International Ombudsman Institute, Wellington, 13-16 November 2012. The World Conference is held every three years and will attract over 300 international delegates. New Zealand Ombudsman, Dr David McGee CNZM, QC will introduce and chair my session. The Chief Ombudsman, Ms Beverley Wakem CBE, issued the invitation in recognition of my public law scholarship. She wrote: "With your background in Public Law and leadership in writing on Constitutional and Administrative Law in New Zealand, I thought some reflections on the operation of the Ombudsman within that context would be a valuable input" (letter to the writer, dated 4 October 2011). The conference will have a distinctly international focus. The conference language will be English but translation services will be provided in Spanish and French for the plenary sessions (Ms Beverley Wakem, letter to the writer, dated 4 October 2011).
- EVENT PARTICIPATIONI was invited to present at a Workshop on the Rule of Law, All Souls College, University of Oxford, 23-24 September 2011, organised by the Bingham Centre for the Rule of Law. The Workshop was to assist the Bingham Centre settle on a meaning of the rule of law that could facilitate its practical implementation worldwide and inform the Centre's future work. The Director of the Centre, Professor Sir Jeffrey Jowell KCMG QC, issued the invitation and invited me to chair his session to draw together the various discussions. The attendees were all internationally distinguished public lawyers. They included: Judge Mattia Guyomar of the Counseil d'Etat; the Deputy Secretary of the Venice Commission (The Council of Europe's Commission for Democracy Through Law), Simona Granata-Menghini; the German Judge on the European Court of Human Rights, Justice Angelika Nussberger; English Court of Appeal Judge, Hon Justice Sir Stephen Sedley; and leading advocates at the English Bar (including Lord David Pannick QC).
- EVENT PARTICIPATIONI was a speaker at the conference, The Permanent Court of Appeal: A Celebration of 50 Years, Beehive, Parliament Buildings, Wellington, 14 March 2008. This event recorded an important period and milestone in New Zealand's legal history. In my presentation, I explored the Court of Appeal's contribution to Commonwealth administrative law during the first 50 years of the permanent court's existence. R Bigwood (ed), The Permanent New Zealand Court of Appeal: Essays on the First 50 Years, Oxford: Hart Publishing, 2009 published the revised papers and is a lasting record of the court's history from 1958-2008. In his Foreword, the President of the Legal Research Foundation, Hon Justice Rayner Asher, commented: "In choosing speakers, the Council of the Research Foundation decided to target New Zealand's leading academics" (at v). Nine speakers presented papers recoding the court's history relative to the main practice areas of law.
- EVENT PARTICIPATIONI presented a seminar titled, "Coalition Governments", in the Lessons in Government Seminars, University of Oxford, 5 November 2010, organised by Brasenose College. These seminars are prestigious ones advertised throughout Oxford University and typically attract a large audience of students and academics. Speakers in the series include Cabinet Ministers, judges (Law Lords and Court of Appeal judges), senior public office holders, and leading scholars in public law and government. The seminar before mine in 2010 was presented by Rt Hon Vince Cable, Secretary of State for Business, and was followed by Richard Schiff (a lead character in the notable television series "The West Wing"). Former Defence Secretary, Rt Hon Bob Ainsworth, followed Schiff. Retired American Supreme Court justice, Sandra Day O'Connor, presented the first seminar for the 2009/2010 academic year. Brasenose hosts a special dinner in honour of each speaker.
- EVENT PARTICIPATIONI presented a paper to the Australasian Study of Parliament Group (New Zealand Chapter), "Parliament and the courts: where are the boundaries?", Beehive, Parliament Buildings, Wellington, 9 September 2009. This was a special meeting of the ASPG convened following Dr Michael Cullen's criticism of the courts intruding into parliamentary matters, and the report by Parliament's Privileges Committee concerning comments made in Parliament about matters before the courts. The chair was national columnist, Colin James, and the other invited speaker Mr Charles Chauvel MP, who was then a member of the Privileges Committee. The meeting was attended by a large audience. The ASPG invitation advertising the event described me as "New Zealand's pre-eminent legal constitutional academic".
- EVENT PARTICIPATIONI was invited to present a faculty seminar, "Hung Parliaments and Coalition Governments: Lessons from New Zealand", in the Faculty of Law Seminar Series, University of Nottingham, 11 November 2010. The Law Faculty invites leading international and United Kingdom academics to present seminars on issues of legal and public importance. The organisers asked that I speak on hung Parliaments and coalition governments in view of the elections in May 2010, which produced a hung Parliament resulting in a Conservative/Lib-Dem coalition government. The processes of government formation are less formalised in the United Kingdom compared to New Zealand, and are not well understood where elections fail to produce a decisive outcome. I drew on the understandings and conventions developed in New Zealand under the MMP electoral system to highlight the "do's and don'ts" where the elections fail to return an outright winner.
- EVENT PARTICIPATIONI presented papers at the annual conferences of the Society of Legal Scholars for 2008 (hosted by the London School of Economics), 2010 (hosted by the University of Southampton) and 2011 (hosted by the University of Cambridge). The SLS conference is the annual United Kingdom legal academics' conference, hosted at different universities each year. It is always well-attended and gaining speaking slots in the subject-sections is highly competitive. In 2008 I presented a paper that advanced a normative analysis of constitutional meaning and doctrine using historical reconstruction; in 2010 I advocated the substantive concept of the rule of law as an ethical guide for public decision-making; and in 2011 I explored the narrowing of the boundaries of parliamentary privilege through judicial decisions that were preoccupied with achieving "justice" for aggrieved individuals. I find the SLS Conferences extremely worthwhile; all of my papers have resulted in publications.
- EVENT PARTICIPATIONI have been invited as a Plenary Speaker to address the 10th World Conference of the International Ombudsman Institute, Wellington, 13-16 November 2012. The World Conference is held every three years and attracted over 300 international delegates. New Zealand Ombudsman, Dr David McGee CNZM, QC introduced and chaired my session. The Chief Ombudsman, Ms Beverley Wakem CBE, issued the invitation in recognition of my public law scholarship. She wrote: "With your background in Public Law and leadership in writing on Constitutional and Administrative Law in New Zealand, I thought some reflections on the operation of the Ombudsman within that context would be a valuable input" (letter to the writer, dated 4 October 2011). The conference will have a distinctly international focus. The conference language will be English but translation services will be provided in Spanish and French for the plenary sessions (Ms Beverley Wakem, letter to the writer, dated 4 October 2011).
- EVENT PARTICIPATIONI co-presented with Professor Sir Jeffrey Jowell QC a seminar titled, "Constitutionalism in the Common Law Jurisdictions", University College London, 21 May 2007. Sir Jeffrey and I share similar views on constitutionalism and the rule of law. English Court of Appeal judge, Hon Justice Sir Stephen Sedley, chaired the seminar. The event was advertised widely and attracted a large audience. Two doctoral students from UCL who were in attendance contacted me subsequently to seek further references to my published writings.
- EVENT PARTICIPATIONThe title of my paper was "The Principle of Legality: A Constitutional Innovation".
- EVENT PARTICIPATIONThe title of my paper was "Public Law in the Supreme Court: The First Ten Years".
- EVENT PARTICIPATIONThe title of my paper was "State of the Nation - New Zealand Administrative Law". The conference organizers chose this title for my paper which was the closing address at the conference. The paper drew together the various conference presentations and presented the "big picture" overview.