NZBORANew Zealand Bill of Rights Act 1990
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The NZBORA is an ordinary enactment of the New Zealand parliament.
The NZBORA does not contain a higher law set of constitutional fundamentals that legally constrains the actions of all public actors.
Understanding just how the NZBORA strikes this balance requires recognition of New Zealand's now unique constitutional commitment to a Diceyan concept of parliamentary sovereignty.
Gardbaum assesses the impact of the NZBORA on the legislative process along two lines.
But in this same section he claims that to some extent it has been, before concluding that "the NZBORA is operating in the most distinctly new model way, [but is] still far from the ideal described in Chapter 4" (p.
Like some observers of section 3 of the UK HRA, Geiringer also argues that the interpretative provision of section 6 in the NZBORA "facilitates a softer form of dialogue with the political branches".
A similar line of reasoning might apply to the discussion of the implied power of New Zealand courts to make declarations of inconsistency under the NZBORA. These disagreements and different ways of understanding how dialogue operates make it more difficult to assess whether parliamentary bills of rights truly provide balance between judicial review and democracy.
In New Zealand the rights not to be deprived of life or not to be subjected to torture or cruel treatment are protected under sections 8 and 9 of the NZBORA, and the Act applies to institutional or professional practices associated with legal actions.
There are differences here between the NZBORA, Victorian Charier and Canadian Charter, on one hand, and the HRA on the other.
The NZBORA and HRA are very similar; perhaps the Victorian equivalent is a little different, although precisely how is not clear.
Part III considers what has happened since the NZBORA came into force and comments upon the relatively meagre number of religious freedom cases that have been decided post-1990.
It is an interpretative or statutory Bill of Rights that requires the courts to interpret ordinary legislation consistently with the NZBoRA. (12) The NZBoRA expressly states that New Zealand courts do not have the power to strike down legislation that infringes the rights set out therein.