Rights Flashcards
A human right is a?
Political claim which the legal system responds to
It is a claim that certain intrests a person has should be privellaged in the ongoing political calculus involved in the practice of government
Rights are …. but not …
Rights are privellaged but not absolute interests
Why are rights important?
- Important for many values protected in society
- Set boundaries to how government can legislate around us
Human rights engage what 3 things?
- Liberty: they limit the ways in which the state can justifiably interfere with our lives
- Equality: all humans engage the same rights
- Fraternity: the sense of common dignity and enjoying the protection of human rights by virtue of our shared humanity
NZ BORA can be referred to as 2 things:
- Parliamentary BORA - because it is an ordinary statute that can be appealed and reconises parlimentary soverignty
- Bill of reasonable rights - because the rights can be breached if a justified reason
S4 of NZ BORA =
Protects parlimentary supremacy expressly
Legislation formulated by parliment, in theory, can overide rights whenever.
S5 of NZ BORA =
Rights have limits
They are not superior and are subject to restrictions
The 2 limits which must be met for breach:
1. Prescribed by law
2. Reasonably justified
S6 of NZ BORA =
Presumption of Consistency
In the case of ambiguity, an interpretation of consistency with BORA should be prefered over one that is not.
What is unique about the NZ BORA?
There is no remedy for breach.
What are the 2 remedies possible for NZ BORA breach?
- Damages
- Declaration of Inconsistency
What case links to damages?
Baigent v Police
What case links to Declaration of Inconsistency?
Taylor v Attorney General
What is a declaration of inconsistency?
Not a legally binding thing, but something which the court can issue to make a statement to Parliment that there is an inconsistency
NZBORA S14 =
Freedom of Expression Section
Says that “everyone has the right to freedom of expression, including the freedom to seek receive and impart information and opinions of any kind in any form”
What 4 reasons are there for us having a freedom of expression?
- Marketplace of ideas
- Political contest
- Individual self fufillment
- Preventing injustice