Posts by B Jones

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  • Up Front: Oh, God,

    My brain hurts. Lawyers are good at churning out buckets of spurious tosh, but that personam stuff is even more spurious than the usual sort. It's like those ads that talk about quantum fields energising water and so forth - it sounds like science but it's not.

    Expelliarmus.

    Wellington • Since Nov 2006 • 844 posts Report Reply

  • Up Front: Oh, God,

    There are a number of recent cases where the defendant has attempted to argue that they are not subject to parliament's laws because it's not sovereign, usually in the context of the Treaty of Waitangi. They've failed. I don't understand how you can hold your position in the absence of any successful case law arguing that Alfred the Great trumps statute law.

    Wellington • Since Nov 2006 • 844 posts Report Reply

  • Up Front: Oh, God,

    I don't know what you're arguing. The closest I can come to a coherent interpretation is that the NZ government is illegitimate because Blackstone, Alfred the Great etc say so. Good luck with that next time you want to challenge a parking ticket.

    Wellington • Since Nov 2006 • 844 posts Report Reply

  • Up Front: Oh, God, in reply to UglyTruth,

    The idea that the majority is always right isn’t part of modern democracy.

    Yes, but that's a little different to whether one parliament can overrule a past one. The majority isn't always right - binding referenda are a real danger to minority rights, but that's usually dealt with by representative democracy and the rule of law, eg the executive has to obey its own rules. The major human rights findings of recent NZ jurisprudence, where the courts have overridden the executive, have referred to other pieces of legislation - the Treaty of Waitangi Act, the Bill of Rights Act, etc.

    Wellington • Since Nov 2006 • 844 posts Report Reply

  • Up Front: Oh, God, in reply to UglyTruth,

    It doesn't matter what Blackstone said more than 200 years ago. 200 years ago, one human being could own another, and sell their children. 200 years ago, the majority of the population had no vote. Fundamental human rights have changed. You can tell what the law is now by what the courts will recognise now. I'll shake the hand of anyone who can cite a recent example of a lawyer successfully arguing a case by citing Alfred the Great.

    Wellington • Since Nov 2006 • 844 posts Report Reply

  • Up Front: Oh, God,

    You can't go back into the mists of time to find out what the law really is. It changes, to deal with new things, like the impact we have on our neighbours, or how we address pre-existing rights when we colonise new lands. Three million voters in 2014 have to be able to overrule a king a thousand years ago.

    Wellington • Since Nov 2006 • 844 posts Report Reply

  • Up Front: Oh, God,

    Last edited 8 September 2014 by "UT"?

    Wellington • Since Nov 2006 • 844 posts Report Reply

  • Up Front: Oh, God,

    Ehhh, natural justice is a procedural concept. Did you go through a fair process to sack someone. Fundamental human rights is a concept you can get an international court to look into, even if their enforcement is toothless. Which to me makes it law.

    Wellington • Since Nov 2006 • 844 posts Report Reply

  • Up Front: Oh, God,

    Alea jacta est.

    Wellington • Since Nov 2006 • 844 posts Report Reply

  • Up Front: Oh, God,

    There is actually a reasonable argument to be made in support of a natural law that not even parliament can override - the old "what about a duly passed law that mandated the killing of all blue eyed babies?" hypothetical. But that's not what UT's saying. The evidence in support of that argument is scarce - power ultimately stems from the barrel of a gun - but there's some in international law, in concepts like fundamental human rights.
    The Anglo Saxon origins of the word oath and the works of 18th century legal writers aren't helpful in demonstrating this.

    Wellington • Since Nov 2006 • 844 posts Report Reply

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