This chapter examines the first decade of operation of the statutory New Zealand Bill of Rights Act 1990 and the extent to which there have been any judicial moves to ‘upgrade’ it, to make it a more potent instrument than the enactors seemed to intend. Next, and related to these concerns, is the issue of certainty and the degree to which Bill of Rights Act jurisprudence in New Zealand can be said to be settled. There is the further but connected issue of the degree of discretion the judges have given themselves (in that case law) when it comes to applying the Bill of Rights Act. The likely role and powers of unelected judges called upon to operate, apply, and interpret a statutory Bill of Rights Act are also considered. The Bill of Rights gives judges power to strike down legislation and decide controversial questions of social policy over which sincere, intelligent, well-meaning people disagree.
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