| L’istituzione della Corte suprema e l’evoluzione del costituzionalismo neozelandese |
| Fascicolo 2004-3 |
| Scritto da Duranti Francesco |
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Sommario 1. Premessa. – 2. Corte Suprema e Privy Council: finisce l’epoca coloniale. – 3. Corte Suprema e Treaty of Waitangi: la questione della minoranza Maori. – 4. Corte Suprema e Parlamento: un nuovo colpo alla sovereignty of Parliament? – 5. Considerazioni conclusive.
Abstract The adoption of the Supreme Court Act 2003 – that establish, from January 1, 2004, the New Zealand Supreme Court sitting in Wellington, replacing the Judicial Committee of the Privy Council as the Court of last resort for New Zealand litigants – raises major issues concerning the existing constitutional balance between the three branches of government and offers others interesting (and original) points from the comparative constitutional perspective. Based in New Zealand, the Supreme Court represents an important, visible and accessible institution, which, in its membership, should better reflect the diversity of New Zealand society than the Privy Council; thus, ending appeals to the Privy Council and establishing a New Zealand Supreme Court is a fundamental step on the evolution of country’s (now remote) constitutional link within the United Kingdom. Consequently, the New Supreme Court is much better placed than the Privy Council to understand and respond to the Maori issues concerning the Treaty of Waitangi (an agreement executed by the Crown and Maori, which over 150 years later is of the greatest constitutional importance to New Zealand). Finally, as pointed out, another key issue regards the impact of the new Act on the constitutional balance that previously existed between Parliament and the Courts: in particular, it seems that the traditional principle of the sovereignty of Parliament has been weakened, following – along the same line – what previously happened after the judicial interpretations over the New Zealand Bill of Rights Act 1990, that confirms the increased power of the judges as part of a new constitutional order, specifically justified by the effective and complete protection of fundamental rights. |