Brass Tacks and Bills of Rights

15 Pages Posted: 11 Mar 2013 Last revised: 20 Mar 2016

See all articles by Robin Cooke (1926-2006)

Robin Cooke (1926-2006)

Victoria University of Wellington - Faculty of Law

Date Written: October 28, 1994

Abstract

This is the text of Sir Robin Cooke’s speech for the inaugural Peter Allan Memorial Lecture at the University of Hong Kong on 28 October 1994. Sir Robin discusses the movement towards formally-enacted human rights protections in Hong Kong and New Zealand through the Hong Kong Bill of Rights Ordinance 1991 and the New Zealand Bill of Rights Act 1990 (NZBORA) respectively. He compares the different judicial approaches to interpreting these enactments. He observes that the NZBORA, unlike the Hong Kong Bill of Rights, does not have paramount effect or an express general remedies clause. He notes, however, that the NZBORA does impose a reasonable limitation on protected rights, unlike the Hong Kong Bill of Rights. Sir Robin argues that a bill of rights need not be entrenched to have virility. The force of a bill of rights turns on the willingness of judges to give human rights effective protection. –– Abstract by Elizabeth Chan.

Keywords: Lord Cooke, Hong Kong, New Zealand, Bill of Rights, Hong Kong Bill of Rights Ordinance, New Zealand Bill of Rights, judges, human rights, remedies clause, paramount effect, reasonable limitation

JEL Classification: K10

Suggested Citation

Cooke, Robin, Brass Tacks and Bills of Rights (October 28, 1994). (1995) 25 Hong Kong LJ 64, Victoria University of Wellington Legal Research Paper Series Cooke Paper 8/2016, Available at SSRN: https://ssrn.com/abstract=2228604

Robin Cooke (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

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