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New Zealand Bill of Rights Act: A Commentary, 2nd edition (eBook)

New Zealand Bill of Rights Act: A Commentary, 2nd edition (eBook)

Butler, A.; Butler, P. , 2015

Available Formats

Format ISBN Price
eBook 9781927227312 $210.00
Book 9781927183601 $210.00
Red Book BONZRED0SU $210.00

New Zealand Bill of Rights Act: A Commentary, 2nd edition, is the authoritative text on the law relating to the New Zealand Bill of Rights Act 1990.

 

Format: ePub

This title is also available in Practitioner Book Online format.
PBO ISBN: ONLB0BORSU

Description

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New Zealand Bill of Rights Act: A Commentary, 2nd edition, is the authoritative text on the law relating to the New Zealand Bill of Rights Act 1990. Written in a lively style, the commentary contains a detailed analysis of this short but important piece of constitutional legislation.

 

Each chapter of the book follows a pattern of outlining similar provisions in comparable human rights systems (domestic and international), discussing the purposes of each right or provision in issue, engaging in a detailed examination of the meaning of the text of each provision, examining the extent to which justified limits can be placed on guaranteed rights and freedoms, and concluding by considering issues related to remedies where relevant.

 

This second edition reflects the authors’ many years of combined experience in human rights law as both practitioners and academics.

 

Comparative analysis is a strong feature of the commentary.

 

Throughout, the authors evaluate and critique New Zealand and overseas decisions and offer their own views as to how Bill of Rights law should develop in the future. The book’s accessible style, its strong description and analysis of New Zealand case law, and its suggestions as to future developments mean that the commentary will appeal to practitioners, judges, academics, law students and policy advisors.

Author

Andrew Butler is a partner at Russell McVeagh, Wellington. Before joining Russell McVeagh he was Crown Counsel in the Human Rights Team at the Crown Law Office, where he appeared for the Crown in numerous high-profile human rights cases, including the Zaoui litigation, cases concerning the lawfulness of Special Education 2000, and the detention of refugee status claimants post 9/11.

 

Petra Butler is a Senior Lecturer in the Faculty of Law, Victoria University of Wellington. Before joining Victoria University of Wellington in 2000 she worked in the Bill of Rights, Human Rights team of the Ministry of Justice. Her research and teaching interests relate to international, domestic, and comparative human rights law.

Table of Contents

1          An overview of the Bill of Rights Act and its place in New Zealand's Constitution

 

2          Background to and History of the New Zealand Bill of Rights Act 1990

 

3          The Legal Protection of Human Rights in NZ: A Short History and Overview of the Contemporary Scene

 

4          Interpretation – Principles and Sources

 

5          Burden and Benefit of BORA

 

6          Limiting Rights

 

7          Interaction with Other Enactments

 

8          Attorney-General's Duty to Report to Parliament

 

9          Life

 

10        Torture, Cruel, Degrading or Disproportionately Severe Treatment or Punishment

 

11        Right against Medical and Scientific Experimentation and Right to Refuse Medical Treatment

 

12        Electoral Rights

 

13        Freedom of Expression

 

14        Freedom of Religion

 

15        Freedom of Assembly and Association

 

16        Freedom of Movement

 

17        Non-discrimination and Minority Rights

 

18        Unreasonable Search and Seizure

 

19        Arbitrary Arrest and Detention

 

20        Rights of Persons Arrested or Detained

 

21        Rights of Persons Charged with an Offence – Threshold Issues

 

22        Rights of Persons Charged with an Offence

 

23        Minimum Standards of Criminal Procedure

 

24        Retroactive Criminal Liability and Double Jeopardy

 

25        Natural Justice, Judicial Review and Crown Litigation

 

26        Remedies – General Observations

 

27        Compensation

 

28        Declaration of Inconsistency

 

29        Exclusion of Evidence

 

30        Stay, Discharge, Appeal and Sentence Reduction

 

31        Extraordinary Remedies, Specific Performance, Judicial Review, Declarations, Habeas Corpus and Torts

 

32        Supervisory Remedies

 

33        Costs

 

34        Litigation Issues

 

35        Reflections

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$210.00AUD

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