For as long as this government stays in power and the courts continue to be populated with activist judges “not particularly learned in the detail of the law” New Zealand stands at a dangerous fork in the road.
The Judicial oath requires the newly appointed judge to discharge the office “without fear or favour affection or ill will.” It is well established that any criticism of a judge’s decisions should be moderate, factual, and tempered with respect. The consequences of a loss of public confidence in the office of Judge are incalculable.
At the heart of the judge’s reasoning is the notion that “Tikanga”, a partly spiritual partly cultural concept comprising a number of strands of behaviour by which it is now said that Maori society ordered its affairs in times past can somehow translate to rules of law relevant to the multi-ethnic, sophisticated, and complex society which New Zealand now is.
The places where the common law exists are among the most successful, settled, prosperous societies on earth enjoying the greatest degree of personal freedoms. Almost without exception they also enjoy democratic government which is protected by the Rule of Law.
There is no end to the Partnership demands which will be visited on the long-suffering majority of New Zealanders, demands which have no basis in law but which the current government shows every sign of supporting.
What this highlight is that when a government acts outside of the law during the term of a Parliament only the courts can hold them to account. Only they are the custodians of the Rule of Law.
Fear of widespread infection in the community of a virulent disease is now sufficient to lock people up in their homes and suspend Parliament. Really! This not the first such plague to affect New Zealand and it will not be the last. Yet this is the first time our civil liberties and our democracy have been suspended in order to minimise its effect on public health.
"Colonisation by a nation of shopkeepers". So said Napoleon Bonaparte of the English, and as with many things he was close to the truth. He meant it as an insult of course but found to his dismay as did the Kaiser and Hitler that when poked with a big enough stick the shop keepers had a nasty bite.
The warmers should be careful what they wish for. Already there is evidence that in adopting the idea of man-made global warming lives are being put at risk. Teenagers are being told that they have no future.