[PDF] The New Zealand Bill Of Rights Act 1990 eBook

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The New Zealand Bill of Rights

Paul Rishworth
The New Zealand Bill of Rights by Paul Rishworth PDF

Author : Paul Rishworth
Publisher : Oxford University Press, USA
Page : 908 pages
File Size : 33,48 MB
Release : 2003
Category : History
ISBN :

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The New Zealand Bill of Rights is a comprehensive account of over a decade of jurisprudence under the New Zealand Bill of Rights Act 1990. The Book provides an indepth examination of the Act, covering such topics as the benefits and burdens of rights; principles of interpretation; impact on legislation and the legislative process; judical review; civil and political rights; the rights of persons subjected to criminal investigation and prosecution; trial procedures; powers of law enforcement; and remedies for breach. Combining descriptive, analytical and prognostic scholarship, the extensive detail of the New Zealand Bill of Rights marks it as a standard reference text for this important body of the New Zealand law.

What the New Zealand Bill of Rights Act Aimed to Do, Why it Did Not Succeed and How it Can be Repaired

Sir Geoffrey Palmer QC
What the New Zealand Bill of Rights Act Aimed to Do, Why it Did Not Succeed and How it Can be Repaired by Sir Geoffrey Palmer QC PDF

Author : Sir Geoffrey Palmer QC
Publisher :
Page : 40 pages
File Size : 34,65 MB
Release : 2017
Category :
ISBN :

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This article, by the person who was the Minister responsible for the introduction and passage of the New Zealand Bill of Rights Act 1990, reviews 25 years of experience New Zealand has had with the legislation. The NZ Bill of Rights Act does not constitute higher law or occupy any preferred position over any other statute. As the article discusses, the status of the NZ Bill of Rights Act has meant that while the Bill of Rights has had positive achievements, it has not resulted in the transformational change that propelled the initial proposal for an entrenched, supreme law bill of rights in the 1980s. In the context of an evolving New Zealand society that is becoming ever more diverse, more reliable anchors are needed to ensure that human rights are protected, the article argues. The article discusses the occasions upon which the NZ Bill of Rights has been overridden and the recent case where for the first time a declaration of inconsistency was made by the High Court in relation to a prisoner's voting rights. In particular, a softening of the doctrine of parliamentary sovereignty, as it applies in the particular conditions of New Zealand's small unicameral legislature, is called for. There is no adequate justification for maintaining the unrealistic legal fiction that no limits can be placed on the manner in which the New Zealand Parliament exercises its legislative power. Under the current arrangements, where the executive continues to dominate the House of Representatives, the legal status of the NZ Bill of Rights Act.