Professor Smillie's Alternative Bill of Rights: A Comment

Abstract

Kenneth Keith comments in this article on the alternative Bill of Rights proposed, in an article published in the same edition of the Otago Law Review, by Professor John Smillie. The author examines the philosophy which underlies the government's proposed Bill of Rights and Professor Smillie’s alternative, and contrasts the limitation on rights and freedoms in the two documents. The proposals are similar in many respects, with differences relating primarily to the limitation provision. The author also comments on the international context of the proposal, a matter which has received less prominence than it deserves.

Keywords: Bill of Rights, New Zealand Bill of Rights Act, supreme law, limitations on rights, John Smillie

JEL Classification: K19, K30, K39