Declarations of Inconsistency under the New Zealand Bill of Rights Act 1990
dc.contributor.author | Joseph P | |
dc.date.accessioned | 2021-01-10T21:16:00Z | |
dc.date.available | 2021-01-10T21:16:00Z | |
dc.date.issued | 2018 | en |
dc.date.updated | 2020-11-09T06:25:12Z | |
dc.description.abstract | This commentary examines one of Taylor’s cases decided by the Supreme Court in 2018. In AttorneyGeneral v Taylor, the question was whether or not the courts have jurisdiction to grant declarations of inconsistency where legislation cannot be reconciled with a protected right under the New Zealand Bill of Rights Act 1990 (NZBORA). This was the first case in which the High Court had granted such a declaration, and the Attorney-General appealed against the decisions below that the Court was seized of jurisdiction. The case involved the Key Government’s statutory ban on a prisoner’s right to vote in a general election. On appeal, it was common ground that the statutory ban was inconsistent with the right to vote affirmed in s 12(a) of the NZBORA. | en |
dc.identifier.citation | Joseph P (2018). Declarations of Inconsistency under the New Zealand Bill of Rights Act 1990. Public Law Review. 30. 1-6. | en |
dc.identifier.uri | https://hdl.handle.net/10092/101423 | |
dc.language.iso | en | |
dc.rights | All rights reserved unless otherwise stated | en |
dc.rights.uri | http://hdl.handle.net/10092/17651 | en |
dc.subject.anzsrc | Fields of Research::48 - Law and legal studies::4807 - Public law::480703 - Domestic human rights law | en |
dc.title | Declarations of Inconsistency under the New Zealand Bill of Rights Act 1990 | en |
dc.type | Journal Article | en |
uc.college | Faculty of Law | |
uc.department | School of Law |
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