Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search


Who Rules, PM, Parliament Or Unelected Judges?

Who Rules, PM, Parliament Or Unelected Judges?

Monday 2 Feb 2004 Stephen Franks Press Releases -- Governance & Constitution (view HTML version at: )

ACT New Zealand Justice Spokesman Stephen Franks today urged journalists to probe Prime Minister Helen Clark's plot to usurp our constitution, after she told State radio today that the courts would block a National/ACT Government from abolishing Maori TV.

"But under whose law, Prime Minister? Since when did unelected judges tell a democratically-elected Parliament what it can and can't do?" Mr Franks said.

"This fits with Deputy Prime Minister Dr Michael Cullen's comment on the day of National Leader Dr Don Brash's speech. Dr Cullen said `international courts' would stop Dr Brash implementing his policy.

"In effect, Dr Cullen was gloating that a National/ACT restoration of colour-blind law - that stops racial discrimination - would be blocked by international bureaucrats and lawyers never elected by New Zealanders.

"This makes the sacking of our former top court - the neutral Privy Council in London - and its replacement by Ms Wilson's indigenous Supreme Court much more sinister. Miss Clark and Ms Wilson want to secure their racist agenda against democracy.

"I am stunned by journalists' failure to follow up on these aspects. The Supreme Court is comprised largely of the folk who, regrettably, decided to overturn 40 years of settled laws upholding Crown ownership of the beaches.

"I see a constitutional showdown coming. Our unwritten constitution has always been clear. Parliamentary sovereignty means that laws are made by elected representatives who can be sacked if the people don't like those laws.

"The courts interpret and apply the law, and judges can't be sacked unless they're caught with their hands in the till or worse. If Miss Clark, Dr Cullen and Ms Wilson are right, I fear we will need a power for the people sack judges - as well as politicians," Mr Franks said.


For more information visit ACT online at or contact the ACT Parliamentary Office at

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods ( is the dollar up or down? ) last night’s outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country..>>>More


Labour on its agreement |Peters: Post-Election Announcement Speech | Greenpeace “cautiously hopeful” about new Government | ACT - Madman on the loose | E tū ecstatic | Chamber welcomes the outcome | Greens on their joining Govt | EDS welcomes new govt | Immigrant groups worry | Feds ready to engage new coalition government | Labour Ministers of the Crown announced


Climate: Increasing Greenhouse Emissions Hit NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate…More>>


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>


Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>


Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>


Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>


Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>


Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>




Featured InfoPages

Opening the Election