Tag: Government legal advice
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Conor Casey: Is the Law Officers’ Legal Advice Binding on the Government?
There are two distinct senses in which one can ask whether the Law Officers’ legal advice is “binding” on the government. The first is whether the legal advice of the Law Officers can be set aside in favour of a legal opinion offered by another lawyer, or whether their view of the law must take…
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Jelena Gligorijević: Government Accountability for the Lawfulness of Lockdown: New Zealand Parliamentary Scrutiny and Privileged Legal Advice
The New Zealand Government recently lifted its “Level 4” COVID-19 restrictions. Significant restrictions, including coercive powers restricting basic liberties, remain active. Parliament’s Epidemic Response Committee is now planning to issue summonses for the production of legal advice given to the Government for these extraordinary measures. This advice is covered by legal professional privilege, which can…