The Rule of Man. Has New Zealand abandoned the Rule of Law?

The Rule of Man. Has New Zealand abandoned the Rule of Law?

In recent years, it seems that New Zealand has reverted to the Rule of Man.

Wikipedia describes the history of the Rule of Man:

"On the other hand, as a positive concept, the rule of man, "a man capable of ruling better than the best laws", was championed in ancient Greek philosophy and thinking as early as Plato.[10] The debate between rule of man versus rule of law extends to Plato's student Aristotle, and to Confucius and the Legalists in Chinese philosophy.[11][12]"

The Rule of Man is well described in the paper - link and extract below:

https://jcil.lsyndicate.com/wp-content/uploads/2023/06/Rule-of-Law-Vs-Rule-of-Man-What-Prevails-10.pdf

"INTRODUCTION “Where there is no law, there is no freedom.” -John Locke, Two Treatises on Government In modern democratic societies, the administration has acquired a vast accession of power and has come to discharge functions which are varied and diverse in scope, nature and ambit. The Constitution of a country seeks to establish the fundamental organs of government and administration; lays down their structure, composition, powers and principal functions, defines the interrelationship of one organ with another, and regulates the relationship between the citizen and the state, more particularly the political relationship. The “Rule of Law” as it is applied is the infrastructure of the system which has been formed by the social necessity to reach the end in mind. “Rule of Man” is the complete opposite of the “Rule of Law”. It is welded, not by the Societal” Laws of Man”: but by a single person or dictator. Justice in rule of law means giving due to everybody and keeping the balance even in ‘haves’ and ‘have nots’’ Social Economic and Political. Its main impact is in what is known as ‘distributive justice’ or ‘administration of justice’, justice according to law, natural justice, legal justice, civil justice, criminal justice. The purpose is keep all in themselves. Judicial review is an inherent part of rule of law and so is independence of judiciary. Non-arbitrariness is a necessary component of the rule of law. The state, therefore, is subject toetat de droit, i.e., the state is submitted to the law which implies that all action of the state or its authorities and officials must be carried out subject to the constitution and within the limits set by the law, i.e., constitutionalism.1"

In my role as New Zealand's leading anti workplace bullying advocate/activist, I have consistently been denied my right to a judicial review which is a "right" under section 27 of the New Zealand Bill of Rights Act 1990 which states:

"27 Right to justice

(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law.

(2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.

(3) Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals".

要查看或添加评论,请登录

Allan Halse的更多文章

社区洞察

其他会员也浏览了