The New Zealand Bill of Rights Act: A Commentary, 2nd edition - LN Red Book

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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.

by Andrew Butler (Author) , Petra Butler (Author)
Red Titles
NZD$ 210.00
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Release Date: August 01, 2015
ISBN/ISSN: BONZRED0SU

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Product description

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.

 

Featured Authors

Andrew Butler
Petra Butler

Andrew Butler

Andrew Butler is a partner at Russell McVeagh, Wellington. He has been involved in many high-profile human rights cases in New Zealand, both for and against the Crown, including on matters as diverse as assisted dying, age, family status and disability discrimination, electoral rights, and immigration detention. He has written extensively on human rights matters in New Zealand and overseas.

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Petra Butler

Petra Butler is Associate Professor at Victoria University of Wellington and Co-Director of the Centre for Small States, Queen Mary University of London, United Kingdom. Her research centers on domestic and international human rights and international commercial law. She has published widely in both her research interests. Petra also advises public and private clients on human rights and private law issues and is a member of a number of advisory boards of human rights NGOs.

View all books by Petra Butler (1)

Table of contents


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

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

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

    4.  
  4. Interpretation – Principles and Sources

    5.  
  5. Burden and Benefit of BORA

    6.  
  6. Limiting Rights

    7.  
  7. Interaction with Other Enactments

    8.  
  8. Attorney-General's Duty to Report to Parliament

    9.  
  9. Life

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

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

    12.  
  12. Electoral Rights

    13.  
  13. Freedom of Expression

    14.  
  14. Freedom of Religion

    15.  
  15. Freedom of Assembly and Association

    16.  
  16. Freedom of Movement

    17.  
  17. Non-discrimination and Minority Rights

    18.  
  18. Unreasonable Search and Seizure

    19.  
  19. Arbitrary Arrest and Detention

    20.  
  20. Rights of Persons Arrested or Detained

    21.  
  21. Rights of Persons Charged with an Offence – Threshold Issues

    22.  
  22. Rights of Persons Charged with an Offence

    23.  
  23. Minimum Standards of Criminal Procedure

    24.  
  24. Retroactive Criminal Liability and Double Jeopardy

    25.  
  25. Natural Justice, Judicial Review and Crown Litigation

    26.  
  26. Remedies – General Observations

    27.  
  27. Compensation

    28.  
  28. Declaration of Inconsistency

    29.  
  29. Exclusion of Evidence

    30.  
  30. Stay, Discharge, Appeal and Sentence Reduction

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

    32.  
  32. Supervisory Remedies

    33.  
  33. Costs

    34.  
  34. Litigation Issues

    35.  
  35. Reflections

    36.
 

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