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Stephen Franks on Judicial Activism 

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Michael Laws talks to Stephen Franks about judicial activism.
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13 сен 2024

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Комментарии : 46   
@hughheeney3554
@hughheeney3554 15 дней назад
If judges want to be activists, then they must expect to be brought to heel. The judges must learn to apply the law as Parliament intended when the law is passed. If a judge considers activism more important than Parliament, then they are being a commentator not a judge. If they consider a law to be wrong they should send it back to the Parliament.
@utubermax
@utubermax 15 дней назад
Yes, I agree, BUT I query you, Hugh, on the 'wrong'. If they haven't been given sufficient clarity as to the laws intent - then most certainly, YES! But "wrong" suggests their belief (that is, the Judge's) is of import - it, most certainly, bloody IS NOT! Geoffrey Palmer, and his "principles", needs a good kick up the you know what - for even an idiot (which I'm inclined to give him the benefit of the doubt that he is not), should have known that they ('the principles' at some point) would need defining. What I can say, without a doubt (on the assumption he's not an idiot) is, that he was either looking out for further employment, or looking after his mates. Like that other little scrote-bag, Findlayson, people need to be very wary when lawyers are calling the shots - but ESPECIALLY THOSE that are PERSONALLY UNELECTED.
@wimokaharawira8443
@wimokaharawira8443 14 дней назад
Holding big international corporation's liable is a good thing? Government is entrusted to severe New Zealanders, but we blame judges for doing a better job?
@utubermax
@utubermax 14 дней назад
@@wimokaharawira8443 No, judges are venturing where they ought not.
@wimokaharawira8443
@wimokaharawira8443 14 дней назад
@@utubermax Yes understand that point, but it's made in the best interests of New Zealanders
@rod-contracts1616
@rod-contracts1616 13 дней назад
​@@utubermax Correct, except that Palmer was indeed "an educated idiot" and ignored the very legal clause formulation principles, required to be explicit and unambiguous, he as a law academic should have been teaching! Leaving stuff to be "sorted out later" is recipe for exactly what we have now, mischief and disputes.
@J.Smith-rc6wh
@J.Smith-rc6wh 15 дней назад
we have a judicial revolt on our hands where the lawyers of our country have decided we all serve them. Couple of quick sackings from the supreme court for a start, time for parliament to take action and show these idealogues who is really in charge, then move on to our universities and the law society
@utubermax
@utubermax 15 дней назад
And don't forget education, and especially that idealogue in chief (who always manages to go under the radar), Iona Holsted. It's a close race who ultimately has inflicted more damage on the nation between Palmer, Findlayson and her. With the two former, it's just more overt.
@gsd4me00
@gsd4me00 15 дней назад
Sounds like a plan, but there is no way weak knee Luxon would ever instigate something like that.
@alfvanderhulst8489
@alfvanderhulst8489 14 дней назад
The UK have a lawyer in charge now. That's going well.....
@rod-contracts1616
@rod-contracts1616 13 дней назад
​@@alfvanderhulst8489Yes, a human rights lawyer, probably one of the worst kind. Moreover they're kowtowed to!
@susanpockett4314
@susanpockett4314 15 дней назад
Parliament makes laws. The duty of judges is to uphold those laws. I reckon Parliament should be able to simply dismiss any judge deemed to fail in that duty.
@delinquentinparadise
@delinquentinparadise 14 дней назад
The trouble would be when Labour got into power again. They have been subverting this country for decades as it is
@rod-contracts1616
@rod-contracts1616 13 дней назад
It can, but trouble starts when slack parliamentarians script rubbish legislation that lacks precision, as Geoffrey Palmer allowed in 1975.
@ChelleMEis
@ChelleMEis 14 дней назад
Waitangi Tribunal Judges are now working in District Courts with no accountability.
@malcolmhayward4431
@malcolmhayward4431 14 дней назад
Government and the legal system cover each other’s backs , nice little gentleman’s club
@markturner2971
@markturner2971 14 дней назад
If a government makes a mistake the people decide they're not up to it and they go. The next government changes that wrong and the courts follow. The principles, which there is only one, maori ceded sovereignty should be brought front and center, and the courts follow. If this system breaks down I can only see anger and rebellion abounding.
@gregg7617
@gregg7617 14 дней назад
When People understand my Words , Then and Only then Can HARMONY PREVAIL ♾️ But untill then , TRUTH and JUSTICE WILL SUFFICE !!🛡️🙏🗡️😛😛😛♾️
@malcolmhayward4431
@malcolmhayward4431 14 дней назад
NEVER be afraid to criticise judges
@rod-contracts1616
@rod-contracts1616 13 дней назад
Yes, that is why there are higher courts, then the UK privy council. Heck even God is fallible!
@mxvega1097
@mxvega1097 15 дней назад
We should recall that the Waitangi Tribunal is NOT part of the judicial branch, as under its Act it is an advisor to Government - via the Minister of Maori Affairs (and analogous titles). It is not a court, because it makes no judgements. Its findings are not "true", nor are they history. They are (mostly) fair depictions of the facts and interpretation of claims. They have no precedent value because every claim is unique. Every remedy is also unique, in treatment and legislation. Comity between the branches is critical. But it's a cooperative game, and it doesn't go only one way. Judges - and political supporters - cannot hide behind "comity" principles if brazenly subverting Parliament. The Tribunal has become way too possessed of its own stature and influence and begun politicised critique of Executive policies and intentions. To attack the Executive is to nullify any right one might expect to the protections of comity. Simply: if you sound like the Opposition, you will be treated like the Opposition. This is where angels fear to tread, and rightly so - no judge, or official of the Tribunal, is remotely capable of footing it in real political debate on the House floor. The Tribunal attacks on the Government for the non-existent principles bill were a colossal political blunder. Which rather reinforces my point above.
@rod-contracts1616
@rod-contracts1616 13 дней назад
The Waitangi Tribunal is racist and has no place in democracy. It should go the way of apartheid.
@malcolmhayward4431
@malcolmhayward4431 14 дней назад
What is the LAW not activism
@gregg7617
@gregg7617 14 дней назад
Beware the rath of the SHEEP ♾️
@rod-contracts1616
@rod-contracts1616 13 дней назад
Distortions and shinangans from lack of definitions of Treaty principles will continue as long as the principles remain in legislation so they and indeed all references to the Treaty should be removed. Trying to define principles from a referendum would be highly problematic. For starters if a referendum asked explicit questions those would likely be the wrong ones.
@benmeech4972
@benmeech4972 15 дней назад
Well done you found someone with a brain cell
@jamescrydeman540
@jamescrydeman540 14 дней назад
Is judicial activism anything to do with the way people remove regulations whilst singing the praises of deregulation when most of our law does not prohibit behaviours above our regulations so we can assume the deregulation is about allowing a lesser standard of behaviours.
@turangatohiariki3042
@turangatohiariki3042 14 дней назад
NO MORE TREATY WITH THE CROWN
@delinquentinparadise
@delinquentinparadise 14 дней назад
Or the Crown with you ? Why not find out how much Tax is actually paid by Māori and how much in taxes is spent on Māori ? The majority are getting tired of financially subsidising a minority who lie about history and are completely ignorant of the way society works.
@turangatohiariki3042
@turangatohiariki3042 14 дней назад
@@delinquentinparadise That the white people angel now WHITE PEOPLE TAX PAYING MAORI PEOPLE,WHERES my memo,All because a new CHRISTIAN leader come in with a WHITE CHRISTIAN VIEW when they were born agian CHRISTIAN'S THAT WANT A WHITE SOCIETY & PROBABLY ON TERRORISED NATIVE INDIGENOUS PEOPLE'S LAND
@turangatohiariki3042
@turangatohiariki3042 14 дней назад
@@delinquentinparadise Lie about history like our TREATY WITH THE CROWN NOT PEOPLE OR BRITTISH SUBJECT'S NO THE CROWN & WE EARNT OUT PRIDE RESPECT AS AN EQUAL PEOPLE NEXT TO THE CROWN WHEN WE WALKED OFF OUR BATTEL IN THE WAIKATO OUR LAND WAR'S
@rod-contracts1616
@rod-contracts1616 13 дней назад
Yes, tear the wretched Treaty up. We have a government that as David Lange clearly stated must not be split with dual systems as that would seriously weaken democracy and accountability of all "as one" as Governor Hobson stated after each chief signed the Treaty. Reinforced by Sir Apirana Ngata in 1922 saying Maori come under same laws as everyone else. That's it.
@turangatohiariki3042
@turangatohiariki3042 13 дней назад
@@rod-contracts1616 You have to tell the CROWN what New Zealand Governess & CITISEN'S want to do TO THE CROWN'S TREATY & THE MAORI PEOPLE & WE EARNT OUR EQUAL RIGHT'S WITH 3PRINCIPALS PROTECTING MAORI PEOPLE LAND'S & EQUAL RIGHT'S FROM DIFFRENT CULTURED WHITE PEOPLE FOR THIS EXACT REASON
@wimokaharawira8443
@wimokaharawira8443 14 дней назад
Your talking about holding big international corperation's liable, so how is this not good? I don't despise your position, just don't understand it. If government can't make decisions that protect us from big corporations, then at least judges will
@gregg7617
@gregg7617 14 дней назад
To much discussion not enough ACTION ! Leaders or and Chiefs that discuss a lot Usually endanger there PEOPLE !😛😛😛 THOSE that take ACTION STATE THE RULES FOR DISCUSSION mmmmmmh !?😌🤔😉😘😎🎱 NOTE : when Tending Sheep , One must understand that some Sheep are not equal mmmmmmh !?🤔 They may have a Place ? But The There Will Always Be A LEADER amongst the Sheep at any given point in Time mmmmmmh !?🤔 IT IS THE JOB APPOINTED TO THE SHEPHERD TO MAKE SURE THE FLOCK IS SAFE and SECURE mmmmmmh !?🤔😌😉😘😎🎱🛡️🙏🗡️♾️ If there are many FLOCKS Then YOU SEEK MY COUNCIL ?🤔 It's called net working my Friend 👍🙏 I started over 50 years ago in this Body !👍😎🎱 Yet I've been here for millennia and millennium 😂🤣😂 It's a Job OK !😉
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