The course will focus on how human rights claims are litigated and resolved by courts in New Zealand. This will include comparisons with human rights litigation in countries that have constitutional bills of rights such as Canada and the United States, and those with bills of rights broadly similar to ours, such as the United Kingdom. The use of international human rights law in resolving domestic controversies is also considered, as is the bringing of claims to international treaty bodies.
We will address the nature of the judicial function – the role played by courts in the constitutional order. We will give in-depth consideration to how cases are constructed and argued, discussing arguments submitted in actual cases and considering various litigation strategies, including the role played by intervening parties. We will also consider the Maori dimension of news, including the relevance of the Treaty of Waitangi and tikanga Māori to rights controversies.
The focus is on the rights in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. We will not limit ourselves to the formal litigation paradigm. We will also consider the way in which legislators may address contested human rights in the course of legislating.
We will address a number of contemporary issues in human rights law, both in New Zealand and internationally, including the right to vote, personal liberty and security, freedoms of expressions, conscience and religion, freedom from arbitrary detention and the right to administrative justice.