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Written in a lively style, the commentary contains a detailed analysis of this short, but important piece of constitutional legislation. To make it as accessible to readers as possible each chapter of the book follows a pattern of outlining similar provisions in comparable human rights systems (domestic and international), discussing the purposes of each right or provision in issue, engaging in a detailed examination of the meaning of the text of each provision, examining the extent to which justified limits can be placed on guaranteed rights and freedoms, and concluding by considering issues related to remedies where relevant.
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.
Both New Zealand and the United Kingdom challenge assumptions about how a bill of rights functions. Their parliamentary bills of rights constrain judicial review and also look to parliament to play a rights-protecting role. This arises from the requirement to inform parliament if legislative bills are not compatible with rights. But are these bills of rights operating in this proactive manner? Are governments encountering significantly stronger pressures to ensure legislation complies with rights? Are these bills of rights resulting in more reasoned deliberations in parliament about the justification of legislation from a rights perspective? Through extensive interviews with public officials and analysis of parliamentary debates where questions of compliance with rights arise (prisoner voting, parole and sentencing policy, counter-terrorism legislation, and same-sex marriage), this book argues that a serious gap exists between the promise of these bills of rights and the institutional variables that influence how these parliaments function.
New Zealand needs a constitution that is easy to understand, reflects our shared identity and nationhood, protects rights and liberties, and prevents governments from abusing power. The current constitution is vague, jumbled and unclear. It can be easily overridden or changed according to political whim. This book aims to change that. It proposes a modern, codified constitution that is accessible and clear, and it aims to stimulate debate about who we are as a nation and how we should be governed--so we can forge enduring arrangements now, instead of waiting for a crisis to force our hand. While A Constitution for Aotearoa New Zealand proposes some important changes, it is at pains to preserve the sound elements of our past and our unique constitutional culture. The authors conclude by seeking your feedback on their proposals, which will be reflected in a second edition to be published in 2017. Ultimately this book is an impassioned plea for government to be transparent, accountable, responsive, and reflect the values of all New Zealanders.
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
This is an authoritative book on the New Zealand constitution. This new edition is updated to reflect New Zealand's experience of the MMP system of proportional representation.