BORA 1990 in SI Flashcards
What’s the background of BORA
- prior to 1968, Human Rights protections were limited domestically. It was the principle of legality and CL protections to interpret statutes
Whats the principle of legality?
CL principle that aims to protect those rights and values that CL identified as fundamental or constitutionally important.
What encompasses legality?
Fundamental rights can be overridden by general or ambiguous words.
Whats encompasses the relationship between BORA and international law?
- The Universal Declaration of Human Rights, adopted in 1948. Persuasive only.
- 1966; Rights and freedoms given legal force in 2 international treaties
The International Covenant on Civil and Political Rights and International Covenant on Economic, Social, and Cultural Rights
-Both Ratified by NZ in 1978
Why was NZBORA developed?
By politicians in response to the War and human right issues.
Whats a restriction on parliamentary sovereignty?
Entrenchment.
What makes up entrenchment?
- 75% majority
- Government work with other parties
What are BORA rights and freedoms?
They’re civil, democratic, political, procedural, and anti-discriminatory in nature.
-The right to peaceful assembly
-The right to freedom of expression
-The right to not be discriminated against
-The right to vote in general elections
-The right to justice
what are the 3 parts of NZBORA?
Part 1- General Provisions
Part 2- Civil and Political Rights
Part 3- Miscellaneous Provisions
for SI only P1 & P2
What is Part One of NZBORA?
General Provisions with important provisions for statutory interpretation
What is Part 2 of NZBORA?
Civil and Political Rights
- substantive rights and freedoms protected by the act.
Whats Part 1 General Provisions?
s 2- Rights Affirmed
s 3- Application for legislative, executive, judiciary and power
s4- Other Enactments not affected
s5- justified limitations in a free and democratic society
s6- Interpretation consistent with Bill of Rights to be preferred
