The Treaty as Supreme Law

Mai Chen suggests in a column that the Supreme Court might be prepared to recognise the Treaty of Waitangi as some sort of supreme law, even without a statute from Parliament to this effect.

This is a very dangerous suggestion and could lead to a constitutional crisis of massive proportions. And I’d be lining up behind Attorney-General Michael Cullen in shooting down this one.

Judges interpret law – they should not make it.

Mai Chen talks with fervour of how “the enhancement of the Treaty’s constitutional status would allow Maori to assert rights to preferential treatment based on race, and depending on the degree of enhancement, the judiciary may be able to strike down legislation and Government actions for inconsistency with the Treaty.”

I think I know what questions I’d be asking to Michael Cullen on Tuesday in Parliament.