The New Zealand Bill of Rights Act: A Commentary, 2nd edition

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.

 

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ISBN/ISSN: 9781927183601
Release Date: August 01, 2015
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ISBN/ISSN: 9781927227312
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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.

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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