The New Zealand Bill of Rights Experience: Lessons for Australia

Abstract

Sir Kenneth Keith begins this paper with comparative history, outlining the lessons in constitutional law and law reform shared between New Zealand and other states. He discusses Australian reluctance to constitutionalize rights and charts New Zealand’s shift from a similar reluctance to the eventual adoption of the 1990 Act. The next section highlights the impact a Bill of Rights can have on the preparation of legislation, particularly with the conception of it as a set of navigation lights which influence the law-making process as a whole.

The author then discusses the form a Bill of Rights could take. He distinguishes three legislative or constitutional models and considers their appropriate content. Here too is a discussion of possible remedies in the event of a breach. Finally, the author notes the influence of public, political and professional attitudes and skills in the reform process, and concludes by outlining the value of the Bill of Rights for New Zealand.

Keywords: Bill of Rights, Australian Bill of Rights, New Zealand Bill of Rights Act 1990, constitutional law, human rights, remedies

JEL Classification: K19, K40, K49