Cross-fertilisation of Constitutional Ideas
Cross-fertilisation of Constitutional Ideas
The Relationship between the UK Human Rights Act 1998 and the New Zealand Bill of Rights Act 1990
This chapter discusses the New Zealand courts' jurisprudence in regard to the interpretative provisions — sections 4, 5, and 6 — of the New Zealand Bill of Rights Act 1990. It not only gives an overview of the relevant New Zealand case law but also compares the courts' approaches to those of their UK counterparts, in particular the UK Supreme Court (formerly, the House of Lords) in regard to section 3 of the UK Human Rights Act 1998. It is argued that the perceived difference in the approaches can be explained by different contexts rather than different methodology. The chapter thereby questions the view held in New Zealand that the UK courts, and especially the Supreme Court, are more activist than the New Zealand courts.
Keywords: Human Rights Act, New Zealand, Bill of Rights, interpretative obligation, remedies, constitutional transplants
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