In my article published yesterday, Treaty of Waitangi “principles,” I summarized how the idea that there are “principles” of the Treaty came to be part of our legal lexicon. I subtitled the article “How a legal fiction was created,” but did not explain why it is a legal fiction. I will do so, at least in an introductory way, in my second substantive article. Before writing and publishing that, I want to deal with a misconception highlighted by a comment on yesterday’s article.
