A Constitution for Aotearoa New Zealand proposes to grant judges the ability to strike down laws that are unconstitutional, while leaving the final decision-making power with Parliament. We also propose to strengthen judicial independence.
A Constitution for Aotearoa New Zealand proposes very few changes to New Zealand’s court system. It does propose that judges should be able to strike down statutory provisions that are inconsistent with the Bill of Rights Act or other constitutional measures. This would provide a check on Parliament’s power, making it more difficult for governments to push through legislative measures that breach human rights. Parliament would have the last word. We also propose to strengthen judicial independence by providing an independent process for selecting new judges.