This is what the submission to the Select Committee from the National Council of
Women in 1986 said about the difficulty they had in dealing with their branches:
A small but not insubstantial number of replies were of doubtful value because of
evident ignorance of how the New Zealand system of government works beyond
the legislature. This was particularly, but not exclusively in relationship to the
proposed function of the courts; many seem unaware of the whole field of
administrative law. We consider that before effective consent can be given to the
Bill of Rights, steps must be taken to educate the electorate on the processes of
government.3
5
Struggling with ignorance about how the law and the constitution work in New
Zealand is an eternal problem. I first wrote Unbridled Power in 1978 and 1979 to
try and dispel the ignorance and suggest some reforms. The work is now in its
fourth edition and is extensively used at universities. But universities are not quite
where it is at. Basic knowledge of this type has to reside in the general population.
The knowledge has to be imparted at secondary school level. In New Zealand we
fail at this task. We will never make any progress in changing the constitution or
even understanding it, unless knowledge of civics improves in the whole
community.
6
I have not always been in favour of Bill of Rights for New Zealand. In 1968 I
published an essay that set out the case for and against such a move, and came out
against it. My conclusion was that New Zealand conditions in 1968 did not seem
appropriate for the introduction of a Bill of Rights in the form of superior law
because it would give a political role to the judges to strike down legislation that
was contrary to the Bill of Rights.4 That step might threaten the stability and
respect that the judicial system enjoyed. The Judges decisions may be
unpredictable. And in our small and sensitive political system it was not clear
there was any need for it. It would, I concluded then, be contrary to the pragmatist
traditions of New Zealand politics. There are many who would agree with those
arguments still, but I am not one of them.
3
Justice and Law Reform Select Committee, Interim Report on the Inquiry into the White
Paper - A Bill of Rights for New Zealand [1986-1987] X AJHR I 8A 22.
4
GWR Palmer A Bill of Rights for New Zealand? in K J Keith (ed) Essays on Human
Rights (Sweet & Maxwell (N.Z.) Ltd., Wellington, 1968) 106-131.
3