The Citation of Overseas Authority in Rights Litigation in New Zealand: How Much Bark? How Much Bite?

Allan, J., Huscroft, G., & Lynch, N. (2007). The citation of overseas authority in rights litigation in New Zealand: How much bark? How much bite?. Otago Law Review, 11(3), 433-467.

17 Pages Posted: 3 Nov 2017

See all articles by James Allan

James Allan

The University of Queensland - T.C. Beirne School of Law

Grant Huscroft

University of Western Ontario - Faculty of Law

Nessa Lynch

Victoria University of Wellington - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: 2007

Abstract

This paper is concerned with the common law-like system of rule making in regard to rights and freedoms under the New Zealand Bill of Rights Act. It is particularly concerned with citation by New Zealand Judges of the decisions of overseas judges interpreting and applying overseas bills of rights. It is found that overseas authority is not used in a principled or systematic way be New Zealand courts in interpreting the New Zealand Bill of Rights Act. In light of this, the paper concludes that New Zealand courts should be more skeptical of overseas authority than they appear to be, and be prompted to ask pertinent questions around foreign authority when it comes to rights-based internationalism.

Keywords: Human Rights, Overseas Authority, New Zealand, Statutory Interpretation

JEL Classification: K00, K10

Suggested Citation

Allan, James and Huscroft, Grant and Lynch, Nessa, The Citation of Overseas Authority in Rights Litigation in New Zealand: How Much Bark? How Much Bite? (2007). Allan, J., Huscroft, G., & Lynch, N. (2007). The citation of overseas authority in rights litigation in New Zealand: How much bark? How much bite?. Otago Law Review, 11(3), 433-467. . Available at SSRN: https://ssrn.com/abstract=2870169

James Allan

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Grant Huscroft

University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
519-661-2111 ext 88375 (Phone)
519-661-3790 (Fax)

Nessa Lynch (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
7
Abstract Views
249
PlumX Metrics