Saturday, April 02, 2005



Limiting Parliamentary Sovereignty

A point which I did not make in my post on executive, judiciary, and the Treaty, but which the Holden Republic reminds me of:

an end to Parliamentary sovereignty is about asserting everyone's rights, not simply Maori

(Emphasis added)

This is not just about limiting the power of Parliament to violate the Treaty, but limiting the power of Parliament to violate human rights in general. And at a time when the government seems increasingly hostile to such fundamentals as due process and the presumption of innocence, this is looking like an increasingly good idea.

2 comments:

The parliment is the channel for our influence. If we limit them we limit ourselves and our children of course.

It can be used to protect society (particularly minorities) from the effects of too much freedom of course.

Or you could clumsily try to adjust for inefficiencies in your democracy.

Posted by Genius : 4/02/2005 04:12:00 PM

Of course. But there are some things we just don't want the government to be able to do without enormous difficulty. Suspend habeas corpus or the right to a fair trial, for example. Or restrict freedom of speech. This is not "too much freedom" - it's the absolute basics we need to have a functioning liberal democracy.

We've entrenched parts of the Electoral Act because we don't want politicians changing the rules to suit themselves. We should do the same regarding human rights.

Posted by Idiot/Savant : 4/02/2005 06:00:00 PM