Written in a lively style, the commentary contains a detailed analysis of this short, but important piece of constitutional legislation. To make it as accessible to readers as possible 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.
The New Zealand Bill of Rights is a comprehensive account of over a decade of jurisprudence under the New Zealand Bill of Rights Act 1990. The Book provides an indepth examination of the Act, covering such topics as the benefits and burdens of rights; principles of interpretation; impact on legislation and the legislative process; judical review; civil and political rights; the rights of persons subjected to criminal investigation and prosecution; trial procedures; powers of law enforcement; and remedies for breach. Combining descriptive, analytical and prognostic scholarship, the extensive detail of the New Zealand Bill of Rights marks it as a standard reference text for this important body of the New Zealand law.
Both New Zealand and the United Kingdom challenge assumptions about how a bill of rights functions. Their parliamentary bills of rights constrain judicial review and also look to parliament to play a rights-protecting role. This arises from the requirement to inform parliament if legislative bills are not compatible with rights. But are these bills of rights operating in this proactive manner? Are governments encountering significantly stronger pressures to ensure legislation complies with rights? Are these bills of rights resulting in more reasoned deliberations in parliament about the justification of legislation from a rights perspective? Through extensive interviews with public officials and analysis of parliamentary debates where questions of compliance with rights arise (prisoner voting, parole and sentencing policy, counter-terrorism legislation, and same-sex marriage), this book argues that a serious gap exists between the promise of these bills of rights and the institutional variables that influence how these parliaments function.
A groundbreaking new work that sheds light on case studies of linguistic human rights around the world, raising much-needed awareness of the struggles of many peoples and communities The first book of its kind, the Handbook of Linguistic Human Rights presents a diverse range of theoretically grounded studies of linguistic human rights, exemplifying what linguistic justice is and how it might be achieved. Through explorations of ways in which linguistic human rights are understood in both national and international contexts, this innovative volume demonstrates how linguistic human rights are supported or violated on all continents, with a particular focus on the marginalized languages of minorities and Indigenous peoples, in industrialized countries and the Global South. Organized into five parts, this volume first presents approaches to linguistic human rights in international and national law, political theory, sociology, economics, history, education, and critical theory. Subsequent sections address how international standards are promoted or impeded and cross-cutting issues, including translation and interpreting, endangered languages and the internet, the impact of global English, language testing, disaster situations, historical amnesia, and more. This essential reference work: Explores approaches to linguistic human rights (LHRs) in all key scholarly disciplines Assesses the strengths and weaknesses of international law Covenants and Declarations that recognize the LHRs of Indigenous peoples, minorities and other minoritized groups Presents evidence of how LHRs are being violated on all continents, and evidence of successful struggles for achieving linguistic human rights and linguistic justice Stresses the importance of the mother tongues of Indigenous peoples and minorities being the main teaching/learning languages for cultural identity, success in education, and social integration Includes a selection of short texts that present additional existential evidence of LHRs Edited by two renowned leaders in the field, the Handbook of Linguistic Human Rights is an ideal resource for undergraduate and graduate students of language and law, sociolinguistics, applied linguistics, language policy, language education, indigenous studies, language rights, human rights, and globalization.
Judicial Review: A New Zealand Perspective was the first book of its kind that gave a detailed commentary on the subject of Judicial review in New Zealand. The book is a treatise on the subject and well regarded in the Practitioner and Academic markets. It consists of four parts: The Basic Structure of Judicial Review, The Process of Judicial Review, Procedure and Evidence, and Ground of Judicial Review.
New Zealand needs a constitution that is easy to understand, reflects our shared identity and nationhood, protects rights and liberties, and prevents governments from abusing power. The current constitution is vague, jumbled and unclear. It can be easily overridden or changed according to political whim. This book aims to change that. It proposes a modern, codified constitution that is accessible and clear, and it aims to stimulate debate about who we are as a nation and how we should be governed--so we can forge enduring arrangements now, instead of waiting for a crisis to force our hand. While A Constitution for Aotearoa New Zealand proposes some important changes, it is at pains to preserve the sound elements of our past and our unique constitutional culture. The authors conclude by seeking your feedback on their proposals, which will be reflected in a second edition to be published in 2017. Ultimately this book is an impassioned plea for government to be transparent, accountable, responsive, and reflect the values of all New Zealanders.
