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New Zealand Bill Of Rights Act
The New Zealand Bill of Rights Act 1990 (sometimes known by its acronym, NZBORA or simply BORA) is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of anyone subject to New Zealand law as a bill of rights, and imposes a legal requirement on the Attorney-General to provide a report to parliament whenever a bill is inconsistent with the bill of rights. The High Court of New Zealand in ''Taylor v Attorney-General'' issued an unprecedented declaration that the restriction on prisoners voting rights was a limit on their right to vote in genuine periodic elections, and that it had not been unjustified under NZBORA. On appeal, the Supreme Court later confirmed that senior courts had jurisdiction to make such a declaration, and in 2022 a law was passed to establish procedures to allow and require the New Zealand Government a reporting and response mechanism to inconsistency declarations. Histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Parliament
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand ( King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865. The House of Representatives normally consists of 120 members of Parliament (MPs), though sometimes more due to overhang seats. There are 72 MPs elected directly in electorates while the remainder of seats are assigned to list MPs based on each party's share of the total party vote. Māori were represented in Parliament from 1867, and in 1893 women gained the vote. Although elections can be called early, each three years Parliament is dissolved and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ministry Of Justice (New Zealand)
The Ministry of Justice ( mi, Te Tāhū o te Ture) is an executive department of the New Zealand Government, responsible for the enforcement of the law and administration of justice within New Zealand. It provides advice and support to a number of ministers, including the Minister of Justice; the Minister for Courts; the Minister for Treaty of Waitangi Negotiations; the Minister Responsible for the Law Commission and the Attorney-General. Additionally, due to its geographical proximity, New Zealand's Ministry of Justice might also oversee the administration of justice in Tokelau (New Zealand territory) and the Pitcairn Islands (even though it is a British Overseas Territory). Leadership and staff The Ministry of Justice has a ten-member Strategic Leadership Team led by Andrew Kibblewhite, Secretary for Justice and Chief Executive. The Ministry employs approximately 3,800 staff around New Zealand. It delivers a variety of services including the administration of court serv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Involuntary Commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment. Criteria for civil commitment are established by laws which vary between nations. Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration (e.g. 72 hours) in a treatment facility for evaluation and stabilization by mental health ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cruel And Unusual Punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society. History The words cruel and unusual punishment were first used in the English Bill of Rights 1689. They were later also adopted in the United States by the Eighth Amendment to the United States Constitution (ratified 1791) and in the British Leeward Islands (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article 5 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948. The right under a different formulation is also found in Article 3 of the Euro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts carried out by the state, but others include non-state organizations. Torture has been carried out since ancient times. In the eighteenth and nineteenth centuries, Western countries abolished the official use of torture in the judicial system, but torture continued to be used throughout the world. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Since the twentieth century, many torturers have preferred non-scarring or psychological methods to provide deniability. Torturers are enabled by organizations that facilitate and encourage their behavior. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fundamental Justice
In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate", per '' R v Malmo-Levine''. These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state (e.g., the rule against unclear or vague laws). The degree of protection dictated by these standards and procedural rights vary in accordance with the precise context, involving a contextual analysis of the affected person's interests. In other words, the more a person's rights or interests are adversely affected, the more procedural or substantive protections must be afforded to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security Of The Person
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world. In general, the right to the security of one's person is associated with liberty and includes the right, if one is imprisoned unlawfully, to a remedy such as ''habeas corpus''. Security of person can also be seen as an expansion of rights based on prohibitions of torture and cruel and unusual punishment. Rights to security of person can guard against less lethal conduct, and can be used in regard to prisoners' rights. United Nations The right to security of the person is guaranteed by Article 3 of the ''Universal Declaration of Human Rights''. In this article, it is combined with the right to life and liberty. In full, the article reads, "Everyon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Life
The right to life is the belief that a being has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including capital punishment, with some people seeing it as immoral; abortion, where some feel an unborn fetus is alive and should not be ended prematurely; euthanasia, where the decision to end one's life outside of natural means is seen as incorrect; and in killings by law enforcement, which is seen by some as an infringement of a person's right to live. Various individuals may disagree in which of these areas the principle of a right to life might apply. Abortion The term "right to life" is used in the abortion debate by those who wish to end the practice of abortion, or at least reduce the frequency of the practice,Solomon, Martha"The Rhetoric of Right to Life: Beyond the Court's Decision" Paper presented at the Southern Speech Communication Association (Atlanta, Georgia, April 4–7, 1978) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience. Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia, and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ninth Amendment To The United States Constitution
The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights. The amendment was introduced during the drafting of the Bill of Rights when some of the American founders became concerned that future generations might argue that, because a certain right was not listed in the Bill of Rights, it did not exist. However, the Ninth Amendment has rarely played any role in U.S. constitutional law, and until the 1980s was often considered "forgotten" or "irrelevant" by many legal academics. According to the U.S. Supreme Court, “If granted power is found, necessarily the objection of invasion of those rights, reserved by the Ninth and Tenth Amendments, must fail.” Those granted powers are listed in the Constitution. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Bill Of Rights
The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.Joseph E. Magnet''Constitutional Law of Canada'', 8th ed., Part VI, Chapter 1 Juriliber, Edmonton (2001). URL accessed on March 18, 2006. The ''Canadian Bill of Rights'' remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws. These legal and constitutional limitations were a significant reason that the ''Canadian Charter of Rights and Freedoms'' was established as an unambiguously-constitutional-level Bill of Rights for all Cana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
