Tag: declaration of inconsistency
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Andrew Geddis and Sarah Jocelyn: Is the NZ Supreme Court Aligning the NZBORA with the HRA?
The New Zealand Bill of Rights Act 1990 (NZBORA) and the United Kingdom’s Human Rights Act 1998 (HRA) share common constitutional DNA. Both are “parliamentary bills of rights” that eschew a judicial power to invalidate rights-infringing legislation. However, the two rights instruments historically have diverged in a couple of important ways regarding the form of…