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Professor Bruce Harris has left an indelible mark on public law in
New Zealand and across the common law world. In particular, his
suggestion that there exists a 'third source' of executive action,
in addition to statutory and prerogative powers, has influenced
scholarship and judicial decisions in New Zealand, the United
Kingdom, and elsewhere. In this Festschrift, leading commentators
explore key themes from his work. The first theme is the nature of
executive power. Claire Charters argues that the future New Zealand
constitution must pay greater attention to Maori legal concepts and
substantive protections for tangata whenua. She suggests that a
pressing concern is holding the Executive to account and
restraining its power, particularly vis-a-vis Maori. Edward Willis
examines the legitimate extent of 'third source' powers in the
context of constitutional pragmatism. Three sections discuss issues
concerning the judiciary. In the first section, Nicola Wheen
discusses the problems inherent in ambiguous standards of
environmental protection. The second section deals with judicial
method and creativity. John Ip argues that the remedy of
declarations of inconsistency with enumerated rights amounts to
justifiable judicial creativity; Taylor Burgess critiques courts'
unwillingness to lead social change, while Paul Rishworth examines
the creativity inherent in judicial restraint. Caroline Foster
extends the volume's analysis to international law, arguing that
creativity by international courts and tribunals has given rise to
global regulatory standards. The third section addresses judicial
appointment and accountability. Sir Edmund Thomas argues that more
independence is required in judicial appointments' processes, while
ATH Smith argues that more protections are needed to protect
judicial independence. The final theme concerns the future of the
unwritten constitution. John Dawson explores the place of Te Tiriti
o Waitangi (the Treaty of Waitangi), the founding agreement between
the Crown and Maori, in New Zealand's constitutional arrangements.
Paul Craig explores the difference in the modalities of
constitutional change between written and unwritten constitutions.
Finally, Sam Bookman discusses the role of constitutional scholars
in the unwritten constitution. As courts and legislatures around
the world grapple with the changing demands made of public law,
this volume addresses important questions about the powers of the
state, the role of judges, and Crown-Indigenous relations. This
book engages with these questions through a distinctive approach
that is both pragmatic and nuanced. This volume is indispensable
for students, scholars and practitioners engaged in the study of
common law constitutions in New Zealand and beyond.
for SATB and piano Mack Wilberg's calming and pensive Meditation is
an adaptation of Charles Gounod's famous Ave Maria which is itself
based on J.S. Bach's Prelude in C Major from the first book of The
Well-Tempered Clavier. The accompaniment is derived from the piano
solo transcription of Gounod's work by Georges Bizet. To the
piano's rising arpeggios and Gounod's melody, Wilberg has added a
gently weaving choral texture, setting the words 'Alleluia, Amen'.
for SATB and piano or orchestra Based on William J. Kirkpatrick's
'Cradle Song', A Christmas Meditation was originally written as
underscoring for a reading of the Biblical account of the Nativity
(Luke 2:1, 3-14). In the tradition of incidental music, this
wordless piece may be used in a variety of ways, including as a
processional, as a transition between other works, or as background
for spoken words and images.
for SATB chorus and organ, or orchestra This uplifting and highly
effective arrangement of the popular Stanford hymn-tune ENGLEBERG,
to words by Fred Pratt Green, was commissioned by the Broadway
Baptist Church (Fort Worth) in Texas, and later recorded for
broadcast by The Tabernacle Choir. The piece is suitable for
regular worship services but most often at special praise services,
choral liturgies, and musical feasts, and for recognizing the work
of church musicians.
for SATB (with divisions) and small orchestra This is a beautiful,
sensitive arrangement of the African-American spiritual and folk
hymn Oh, watch the stars. The text reflects on the beauty of
creation, and alternative verses by David Warner celebrating
Christ's birth have been included for performance during the
Christmas season. Wilberg artfully retains the understated feel and
simplicity of the original spiritual while demonstrating hallmarks
of his unique style, such as rich harmonies, contrasting keys and
textures, and effective obbligato instrumental fills.
for SATB (with divisions) and organ or orchestra This affecting
setting of the well-known poem from George Herbert's The Temple
features rich harmonies and sweeping melodies to create a work of
depth and poignancy. The piece begins with an instrumental
introduction, before the melody is taken up first by upper voices,
then full chorus.
for SATB (with divisions) and piano or orchestra This is a
beautiful, sensitive arrangement of the African-American spiritual
and folk hymn Oh, watch the stars. The text reflects on the beauty
of creation, and alternative verses by David Warner celebrating
Christ's birth have been included for performance during the
Christmas season. Wilberg artfully retains the understated feel and
simplicity of the original spiritual while demonstrating hallmarks
of his unique style, such as rich harmonies, contrasting keys and
textures, and effective obbligato instrumental fills.
for SATB and piano four-hands or chamber orchestra This
effervescent setting of two texts by David Warner - one for
Christmas, one for general worship - was included on the Tabernacle
Choir and Orchestra at Temple Square's release, 'Tree of Life'.
Over a shimmering, festive accompaniment for piano four-hands or
chamber orchestra, the melody is passed between voice parts, and
the dynamic contrasts and detailed articulation enable singers to
present an engaging characterization.
for SATB and organ or orchestra This radiant anthem is an
arrangement of William F. Smith's hymn tune 'Lattimer', frequently
paired with the popular gospel song 'This little light of mine'.
Wilberg gives each section of the choir a presentation of the
melody, beginning with the sopranos, before building towards a
climactic finish with new harmony and texture as light spreads
'across the land'.
for SATB and organ or orchestra This bright and exultant
arrangement of Michael Praetorius's melody 'Puer nobis nascitur' is
presented with two text options: 'O splendor of God's glory bright'
for general worship and 'That Easter day with joy was bright' for
use at Easter. Sparkling organ interludes, characterised by flutes
and piccolos in the orchestral accompaniment, punctuate the lilting
melody, which is given contrasting treatment in each of the verses,
from presentation in unison to rich four-part harmony.
for SATB and piano or orchestra Male voices take the leading role
in this mixed-voice arrangement of the tender and well-loved solo
piece attributed to Caccini (and usually sung to 'Ave Maria'). In
keeping with the cumulative embellishment of the original,
Wilberg's version starts with unison men and gradually adds more
parts, always grounded by the lower voices. Similarly, the
accompaniment's texture thickens as the piece develops, with the
instrumental version starting with strings only, building up to a
full orchestral climax before a gentler coda.
for SATB and piano or orchestra Tree of Life is an expansive
setting of an evocative text by David Warner that depicts the
sacred archetype of the life-giving tree through the cycle of all
four seasons. The lyrics, coupled with simple, memorable melodies,
speak of spiritual planting and growth, nourishment, and an
abundant harvest; each observation is punctuated by an 'Alleluia'
as an expression of praise and gratitude. Wilberg's imaginative
orchestration creates an abundant soundworld, with arching woodwind
phrases, sweeping strings, and a cacophony of handbells that lifts
the closing alleluias skywards in celebration. This is the title
track on the Tabernacle Choir's 2018 CD release.
for SATB and organ or orchestra This is an arrangement of the
19th-century hymn by Philip Bliss, with words written by Horatio
Spafford following several personal tragedies. Despite having lost
his first son to scarlet fever, most of his assets in the Great
Fire of Chicago, and then his four daughters in a shipwreck,
Spafford's enduring faith inspired him to write this hymn, which
speaks of an internal, spiritual calm in the face of life's
difficulties. Wilberg's arrangement of Bliss's tune keeps the first
two verses in unison, first women and then men, before allowing
fuller textures to take over. The choir is accompanied throughout,
and two upward major 3rd modulations lead to a triumphant close.
for SATB unaccompanied This setting of a tune from The Sacred Harp
is strong and march-like, with accented rhythms and percussive
vocal lines contributing to a rousing overall effect. It was
originally published as part of Mack Wilberg Anthems and is also
available in a version for TTBB unaccompanied.
for SATB and piano or orchestra Setting two verses of the Irish
traditional carol, Wilberg's version opens simply with
unaccompanied unison men, before the piano creeps in gently. Upper
voices take over and an imitative section leads to a more dramatic,
thicker-textured section. The carol melody's slightly haunting,
modal qualities are complemented by colourful harmonic touches, and
a final statement of the melody in the piano brings the piece to a
calm close. The Mormon Tabernacle Choir and Orchestra at Temple
Square have recorded this piece with orchestral accompaniment on
the CD Hallelujah! (SKU 5157246).
for SATB and piano four-hands or orchestra This short, energetic
piece sets words by contemporary hymn-writer Mary Louise Bringle.
The text is full of positivity and hope, and Wilberg's use of a 7/8
time signature keeps the verses propelling forward joyously, while
undulating quavers shape the refrains. Several key changes are
supported by a continuously rhythmic accompaniment in the form of
piano duet or large orchestra, and an instrumental interlude
precedes the third and final verse.
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