Gary Judd KC: KCs are not a special elite

Judges as philosopher kings and KCs as their handmaidens

In “Democracy Briefing: Foundations of a constitutional crisis?”, Bryce Edwards has pointed to the activist behaviour of the courts. He has signalled the possibility of a constitutional crisis because of the activism of some judges of New Zealand’s senior courts.

There have always been activist judges, those who are more adventurous than others in the development of the law, who may rightly be described as legal activists. As former Australian High Court Justice Michael Kirby put it when comparing the austere Australian Justice Sir Owen Dixon with the avuncular English Master of the Rolls, Lord Denning:

Mike's Minute: The Goldsmith scandal is no scandal

It was never five percent, it was always spit balling.

Paul Goldsmith as Treaty Negotiations Minister is in a meeting with the seafood people, who are not happy about their lack of input into the government's foreshore plan to revert a court ruling back to the original intent of the law as passed in 2011.

Goldsmith, it was reported, said customary title will drop to 5 percent. 1News fell over themselves breathlessly reporting this as some sort of scandal on Sunday.

Frank Newman: It's a Win! Of Sorts...

There is no doubt the announcement by Minister Paul Goldsmith that the Marine and Coastal Area Act is to be amended to reaffirm Parliament’s intentions when it passed the Act in 2011, is good news worthy of applause.

The Minister says the changes include:

• Inserting a declaratory statement that overturns the reasoning of the Court of Appeal and High Court in Re Edwards, and the reasoning of all High Court decisions since the High Court in Re Edwards, where they relate to the test for CMT.

Heather du Plessis-Allan: Judges should not be above criticism

Let's talk about judges for a minute. 

So, the Law Society today has come out in defence of judges and in the face of all the criticism that they've been copping lately. The Law Society has asked that we please stop criticising the judges. It's in an opinion piece written by Fraser Barton, who is the president of the Law Society. He says the way that we're talking about the judiciary and their decisions might be harmful to this important institution. He says we are wrong to accuse especially the Supreme Court of Judicial activism. And, if we carry on the way that we are, it might end up with people losing confidence in the judiciary, which means that they won't trust the courts to look after them. 

NZCPR Newsletter: Spotlight on the Courts

“Houston, we have a problem!”

New Zealand’s Supreme Court – the highest court in our land - has been captured by activist judges.

What is heartening, is the emergence of a wide range of eminent legal voices all openly criticising the Court and calling for this problem to be addressed.

Damien Grant: ‘We need better judges'

Does parliament have the right to order a citizen be tortured? Rough question to begin your Sunday morning but, does it?

If you say No, why not? We live in a parliamentary democracy and the elected representatives have the power to compel conscription, force us to pay taxes and tell us what side of the road to drive. What is the limit on its authority, and what does it have to do with eggs?