Post by Kiwi Frontline on Dec 4, 2016 8:23:25 GMT 12
THE IMPOSSIBLE-TO-DEFINE "PRINCIPLES OF THE TREATY,"
A late and pragmatic addition to law some twenty-five years ago—and a leading lesson in the dangers of pragmatism in politics. As you might not know, the “the principles of the Treaty” are not part of the Treaty at all. Just a recent accretion adding great confusion and a huge amount of expensive litigious activity.
Not least because to this day they have still not been adequately defined. Thank Geoffrey Palmer , his life's work was based around writing legislation so vague, so ambiguous, that it allowed the courts to define things any way they wanted to.
This, said the Idiot Palmer, is how you make law “flexible”: by giving the courts bullets which they could elect to fire in any direction they wished, Thank Palmer for the treaty of waitangi's "latest meaning, that's not what it meant in 1840.
A late and pragmatic addition to law some twenty-five years ago—and a leading lesson in the dangers of pragmatism in politics. As you might not know, the “the principles of the Treaty” are not part of the Treaty at all. Just a recent accretion adding great confusion and a huge amount of expensive litigious activity.
Not least because to this day they have still not been adequately defined. Thank Geoffrey Palmer , his life's work was based around writing legislation so vague, so ambiguous, that it allowed the courts to define things any way they wanted to.
This, said the Idiot Palmer, is how you make law “flexible”: by giving the courts bullets which they could elect to fire in any direction they wished, Thank Palmer for the treaty of waitangi's "latest meaning, that's not what it meant in 1840.