Legislative invalidation, human rights protection and s 4 of the New Zealand Bill of Rights Act

Janet McLean

    Research output: Contribution to journalArticle

    Abstract

    The New Zealand Bill of Rights Act has been criticised internationally and domestically on the basis that it does not give judges the power to "strike down" legislation that is inconsistent with the JCCPR. This paper assesses these criticisms by examining how the Bill of Rights affects different types of rules in both judicial and legislative processes and compares these results against Canadian and United States practices. It concludes that the absence of a striking down power in New Zealand has not inhibited the development of a healthy human rights culture.
    Original languageEnglish
    Pages (from-to)421-448
    Number of pages28
    JournalNew Zealand Law Review
    Issue number4
    Publication statusPublished - 2001

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    New Zealand
    human rights
    act
    bill
    criticism
    legislation

    Keywords

    • Human rights
    • New Zealand
    • Bill of Rights Act 1990

    Cite this

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    abstract = "The New Zealand Bill of Rights Act has been criticised internationally and domestically on the basis that it does not give judges the power to {"}strike down{"} legislation that is inconsistent with the JCCPR. This paper assesses these criticisms by examining how the Bill of Rights affects different types of rules in both judicial and legislative processes and compares these results against Canadian and United States practices. It concludes that the absence of a striking down power in New Zealand has not inhibited the development of a healthy human rights culture.",
    keywords = "Human rights, New Zealand, Bill of Rights Act 1990",
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    Legislative invalidation, human rights protection and s 4 of the New Zealand Bill of Rights Act. / McLean, Janet.

    In: New Zealand Law Review, No. 4, 2001, p. 421-448.

    Research output: Contribution to journalArticle

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    AB - The New Zealand Bill of Rights Act has been criticised internationally and domestically on the basis that it does not give judges the power to "strike down" legislation that is inconsistent with the JCCPR. This paper assesses these criticisms by examining how the Bill of Rights affects different types of rules in both judicial and legislative processes and compares these results against Canadian and United States practices. It concludes that the absence of a striking down power in New Zealand has not inhibited the development of a healthy human rights culture.

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