Proceed with Caution: Law Reform, Judicial Review and the Judicature Modernisation Bill

Victoria University of Wellington Law Review, Vol. 47, 2016

Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 32/2016

25 Pages Posted: 13 Jul 2016

See all articles by Morgan Watkins

Morgan Watkins

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: 2015

Abstract

The Judicature Modernisation Bill 2013 re-enacts the operative provisions of the Judicature Amendment Act 1972. This paper analyses the re-enacted provisions, concluding that the reform will be largely successful relative to a goal of “non- substantive reform”. However, this paper argues that there were significant defects in the legislative process leading to reform, especially in terms of Parliamentary scrutiny of judicial review. In a context of a fused executive-legislative branch of government, it is highly inappropriate to legislate for judicial review without adequate consideration of the effects on judicial review powers and processes. This paper argues that judicial review procedure should not be contained in statute in order to prevent undue legislative interference.

Keywords: judicial review, legislative process, comity, Judicature Modernisation Bill 2013, Judicature Amendment Act 1972

JEL Classification: K10

Suggested Citation

Watkins, Morgan, Proceed with Caution: Law Reform, Judicial Review and the Judicature Modernisation Bill (2015). Victoria University of Wellington Law Review, Vol. 47, 2016, Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 32/2016, Available at SSRN: https://ssrn.com/abstract=2806709

Morgan Watkins (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, Victoria 6140
New Zealand

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