LAWS101 Lecture Notes - Lecture 18: Judicial Activism, Social Distance, Proxy Voting
Document Summary
08/05 lecture 18: statutory interpretation and the supreme court. If cases are the same in terms of their facts, they should be treated the same. 2004 nz replaced the privy council, then our highest appellant court- not held in our own country. Insufficient pool of judicial talent: small size of pool from which to draw. Nz judges have an idea of what is actually happening in nz society. (judges in england thinking maori live on reservations"). Treaty issues: breaking the final appeal court tie may not advance the treaty. Danger of stacking": first woman attorney general, at the time, took committee of advisors (three governor generals) and undertook in parliament to go with the judiciary that they would choose for their appellant court. Extremely expensive- only a few cases may be seen a year due to costs. Section 3(2) nothing in this act affect"s new zealand"s .
