Top Scoops

Book Reviews | Gordon Campbell | Scoop News | Wellington Scoop | Community Scoop | Search

 

BORA: Courts now allowed to declare inconsistencies

8:35 pm on 26 February 2018

Cabinet has agreed in principle to allow the courts to make a declaration if they believe legislation is inconsistent with the Bill of Rights.

The new Justice Minister Andrew Little says the three strikes law hasn't worked. Photo: RNZ / Rebekah Parsons-King

This would be done by a "declaration of inconsistency", but someone would have to bring a case to court before that could happen.

Once such a declaration was made, Parliament would have to reconsider the legislation with the option of amending it, repealing it, or making no change at all.

Parliament regularly ignores reports from the Attorney-General that legislation is not consistent with the Bill of Rights.

Justice Minister Andrew Little said the declaration would be an extra check and balance on the actions of MPs when passing laws.

"The government supports the senior courts making declarations of inconsistency where there is a legislative power.

"As there is currently no explicit power in the Bill of Rights Act, amending the act will allow for this," he said.

However, Attorney-General David Parker said the courts would not have any ability to change or repeal legislation.

"The courts would not be able to strike down statutory law and Parliament would retain its sovereignty."

Once in place, any law on the statute books could be subject to a declaration, if a case was brought.


© Scoop Media

 
 
 
Top Scoops Headlines

 

Gordon Campbell On Labour’s Timidity:

What an odd post-Cabinet press conference that was yesterday, from PM Jacinda Ardern and Finance Minister Grant Robertson ... More>>

Gordon Campbell: On The Prevailing Media Narratives About The Govt Coalition

The media reports the facts…. but that’s not the end of it, and nor should it be. It also marshals those facts and creates a story from them, usually one with a moral that’s implied or explicit. After six months though, it is still unclear just what the dominant media narrative is of the coalition government. Is it Idealistic But Impractical? Is its Heart in the Right Place, but is it Taking On Too Much? Is the coalition proving to be Fractious And Unstable, or is it Surprisingly Adept at Keeping Its Inherent Rifts Out of the Public Eye? More>>

RNZ Explainer: Why You Should Care About Cambridge Analytica

Facebook's shares have lost billions of dollars in value after something to do with data used by Cambridge Analytica. Confused? Here's what it means, and what could come next...More>>


Gordon Campbell: On The (Looming) Nurses’ Strike

It is (almost) possible to feel a bit sorry for the DHB negotiators engaged in the current nurses pay round. Come next Monday there’s every sign that nurses will resoundingly reject the pay offer the DHBs have put on the table, as being totally inadequate...More>>

Gordon Campbell: On A Trade War With China

As things currently stand, the White House has NOT included New Zealand on its list of allies whose steel and aluminium exports to the US will be exempted from US President Donald Trump’s recent hike in tariffs. More>>

Gordon Campbell: On Credibility In Politics

Credibility is always such a fickle, unstable element in politics. You know it when you see it, though. More>>

Video And Report: Cory Doctorow Talks Machine Learning And Big Data

International internet and digital technology commentator Cory Doctorow talked about machine learning and big data at the Privacy Commissioner’s PrivacyLive event on 13 March 2018 in Wellington. More>>