Wednesday, 4 December 2024

"...the possibility of a constitutional crisis because of the activism of some judges of New Zealand’s senior courts."


"Bryce Edwards ... has signalled the possibility of a constitutional crisis because of the activism of some judges of New Zealand’s senior courts. ...
    "In New Zealand now, we have ... a breed of judges who are not legal activists but political activists — judges who unashamedly seek to advance political agendas. In doing so, they assume the mantle of Plato’s philosopher kings, the creed of the infallible ruling elite. ... contemptuous of the people of the country, the people they pretend they are serving. ...
    "Incredibly, a number of my King’s Counsel colleagues appear to think this is okay. As part of their calling on the Prime Minister and the National Party to breach a coalition agreement by refusing a first reading and referral to a select committee of ACT’s Treaty Principles Bill, they say that 'even if Parliament can legislate in this way (which is uncertain),' the courts may not enforce it. ...
    "They need a short lesson because Parliament’s power is not uncertain. ...
    
"All lawyers, including KCs have a fundamental obligation to uphold the rule of law. ... When the KCs say it is uncertain that Parliament may legislate in this way, they mean that the courts may refuse to apply the law. Using that as an argument implies acceptance of or even advocacy for defiance of Parliament and the law of the land. How is that consistent with a fundamental obligation to uphold the rule of law?
    "What the KCs should be saying is that judges, like everyone else, must obey the law and they have by virtue of their office a special obligation to apply it."

~ Gary Judd from his post 'KCs are not a special elite'


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