Good move by Labour on Bill of Rights

The Herald reports:

New Zealand courts are going to be given more clout to make Parliament rethink some laws under changes agreed by Cabinet.

If the courts declare a law to be inconsistent with the Bill of Rights Act 1990, Parliament will be required to reviewed that particular law. …

Prime Minister Jacinda Ardern says the changes will not change the ultimate sovereignty of Parliament because it would not be forced to change laws.

I support this change. It leaves final decisions with Parliament, but it allows Courts to clearly state if a law is inconsistent with the Bill of Rights Act.

I’d go slightly further and require Parliament to actively reaffirm a law found to be inconsistent. This is basically what they have in Canada where the Supreme Court can strike down laws as inconsistent with their Charter, but Parliament can use the notwithstanding clause to over-ride this. As there is a political cost in doing so, it is rarely done.