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10 Cards in this Set
- Front
- Back
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Assess the Role of the Judiciary and Provide Details about the Main New Zealand Courts |
The Judiciary acts as a check on the Executive's actions and power. The Judiciary interprets legislation passed by Parliament and develops the common law in a lateral sense and this creates precedent. The Judiciary resolves private disputes. The hierarchy of the New Zealand Courts is as follows: Supreme Court, Court of Appeal, High Court, District Court, Tribunals |
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Judiciary's Role |
Oversees executive action Creates precedent Resolves private disputes Interprets legislation |
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Literal Rule |
Ordinary meaning of statutory words |
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Golden Rule |
Statutory words given extraordinary meaning to avoid absurdity |
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Purposive Approach |
Parliament's intent in creating the statute. |
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Internal Context |
Surrounding words Purpose section Long title Defintion section Other sections of the Act |
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External Context |
Other relevant Acts Parliamentary debates NZBORA Treaty of Waitangi (and its principles) |
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Activist Approach |
Judges that make law - develop common law |
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Case Precedent |
If the case has the same material facts, the same legal rules can be applied |
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Constitution Act 1986 s23 |
Protection of Judges from removal from office
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