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Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/31405

Title: The Attorney General’s Obligation to Report Breaches of Rights in Proposed Legislation: How the Canadian and New Zealand Reporting Cultures Differ
Authors: Rendell, Julia
Advisor: Roach, Kent
Department: Law
Keywords: Canadian Charter of Rights and Freedoms
New Zealand Bill of Rights Act 1990
Attorney General
Human Rights
Legislation
Parliament
Constitutional law
Bill of rights
Issue Date: 19-Dec-2011
Abstract: This paper examines the Attorney General’s obligation, in Canada and New Zealand, to report on inconsistencies in proposed legislation with the Canadian Charter of Rights and Freedoms and the New Zealand Bill of Rights Act 1990. Although the obligations are similar, the Canadian and New Zealand Attorneys General have developed very different reporting cultures. The Canadian Attorney General has never issued a report; the New Zealand Attorney General has issued many. This paper’s thesis is that the different reporting cultures are attributable to the different constitutional structure in each jurisdiction and different understandings of the independence of the Attorney General. Under this analysis, the usefulness of comparative analysis between the two jurisdictions is limited: constitutional differences cannot be ignored. The paper evaluates proposed changes to the reporting obligation in each jurisdiction in light of this analysis.
URI: http://hdl.handle.net/1807/31405
Appears in Collections:Master

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