Open AccessLEGAL FORUM: MMP: Aligning the Judicial and Parliamentary Functions
Author(s) -
Peter Kiely
Publication year - 1970
Publication title -
new zealand journal of industrial relations
Language(s) - English
Resource type - Journals
ISSN - 0110-0637
DOI - 10.26686/nzjir.v21i2.2265
Subject(s) - legislation , legislature , context (archaeology) , government (linguistics) , political science , power (physics) , judicial opinion , judicial activism , law , judicial review , distribution (mathematics) , public administration , law and economics , sociology , paleontology , mathematical analysis , linguistics , philosophy , physics , mathematics , quantum mechanics , biology
The advent of MMP may make a considerable difference to the way law is practised in New Zealand. It will change both the policy making environment and will ultimately change aspects of the legal environment. In essence, MMP is going to alter the distribution of public power in New Zealand. The changes in the way our system of government operates will have significant implications for the legislative process, decision making within the executive government and it is suggested, the role of judiciary and the legal profession. The focus of this paper is the possible impact of MMP on the alignment of our parliamentary and judicial functions. On the issue of policy making I will discuss the extent to which these roles may overlap and the desirability of such an occurrence. As a case study I will discuss the impact of judicial activism in the context of New Zealand's employment contracts legislation. Finally, I will examine the role of lawyers as advisors in the new regime.