2025 Ian Borrin lecture examines polyvocal constitutionalism
The Borrin Lecture is delivered in honour of Judge Ian Borrin, an esteemed alumnus and major supporter of the Victoria University of Wellington Law Review.
The 2025 Ian Borrin Lecture was delivered by Professor Rosalind Dixon, Anthony Mason Professor, Scientia Professor of Law, and director of the Gilbert + Tobin Centre of Public Law at UNSW Sydney.
In her thought-provoking lecture, Professor Dixon explored the concept of polyvocal constitutionalism, outlining the importance of a range of voices and institutions in the construction and implementation of public law.
She argued that while courts are central, they are not the only important actors in interpreting and enforcing constitutions. In some cases, the combined perspectives of multiple actors—courts, legislatures, independent agencies, scholars, and citizens— may produce better outcomes and support compliance.
Professor Dixon argued that polyvocality is desirable but needs to strike a balance between the demands of collaboration, accountability, and contestation. A healthy constitutional culture, she noted, must allow for reasonable disagreement. Respecting dissenting views is not a weakness but a democratic strength.
“Not all forms of polyvocality are to be desired or embraced—but they are to be grappled with.”
She highlighted the strengths and weaknesses of different theories of polyvocality, acknowledging the diversity of scholarly opinion within the field—“polyvocal constitutional theory itself is polyvocal in nature.”
Professor Dixon reminded the audience that while in New Zealand and Australia we take the court’s capacity to see its orders implemented largely for granted, that is no longer the case in other countries.
She reaffirmed the responsibility of legal scholars to speak truth to power.
It is the role of scholars to criticise the misuse of public powers and hold executive to account.
Professor Rosalind Dixon