
Contents
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Introduction Introduction
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Journey to Enactment: The Case of the Bill of Rights Act Journey to Enactment: The Case of the Bill of Rights Act
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New Zealand Responses to the Human Rights Act New Zealand Responses to the Human Rights Act
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Judicial Interpretation of Legislation Judicial Interpretation of Legislation
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New Zealand Case Law: The Early Cases New Zealand Case Law: The Early Cases
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UK Case Law UK Case Law
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New Zealand Case Law: The Response? New Zealand Case Law: The Response?
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The Provision of Remedies The Provision of Remedies
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The Rationale and Appropriateness of Damages The Rationale and Appropriateness of Damages
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Declarations of Inconsistency Declarations of Inconsistency
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Influence on Rights Influence on Rights
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Conclusions Conclusions
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11 Cross-fertilisation of Constitutional Ideas: The Relationship between the UK Human Rights Act 1998 and the New Zealand Bill of Rights Act 1990
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Published:April 2013
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Abstract
This chapter discusses the New Zealand courts' jurisprudence in regard to the interpretative provisions — sections 4, 5, and 6 — of the New Zealand Bill of Rights Act 1990. It not only gives an overview of the relevant New Zealand case law but also compares the courts' approaches to those of their UK counterparts, in particular the UK Supreme Court (formerly, the House of Lords) in regard to section 3 of the UK Human Rights Act 1998. It is argued that the perceived difference in the approaches can be explained by different contexts rather than different methodology. The chapter thereby questions the view held in New Zealand that the UK courts, and especially the Supreme Court, are more activist than the New Zealand courts.
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