Maxim Institute
real issues.
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this week: No. 123, 12 AUGUST 2004
Contents:
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* Non-hierarchical Supreme Court defies its purpose
* Hate Speech - The right not to be offended?
* New School provides more choice
Non-hierarchical Supreme Court defies its purpose
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Setting up a new Supreme Court in New Zealand continues to create problems around ideals of authority and tradition. The
Ministry of Justice plans to demolish large parts of the Wellington High Court building to create, for Chief Justice
Dame Sian Elias, a non-hierarchical court room. In this new committee-style courtroom the judge, lawyers and litigants
will all be seated on the same level. The elevated bench is to disappear.
The Prime Minister, however, wants to protect the historic building and existing form of the court. It is a good
principle for judges to "stick to the bench". Hierarchy is important after all. Judges need to be above the litigants
precisely because they are making judgments. Ideally a crown (coat of arms) or national symbol should be above the
judges to tangibly reinforce the fact that both the judiciary and litigants are subject to the same law.
Symbolism is obviously important to the Chief Justice, but it must reflect the reality that we can't have justice
without authority and therefore, a form of hierarchy. Judges in New Zealand's highest court have full authority to make
final binding decisions on a case. A non-hierarchical Supreme Court is an oxymoron.
Discuss this article in our on-line discussion forum: http://www.maxim.org.nz/discuss/?topic=123.1
Hate Speech - The right not to be offended?
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The launch of an inquiry into whether New Zealand should prohibit "hate speech" might reveal our willingness to trade
freedom of expression for increasing state control of public conversation.
Freedom of speech is not absolute. Law and social stigma also play a role in discouraging undesirable comments. And, of
course, there remain the necessary laws surrounding defamation.
Justice Minister Phil Goff has rightfully asserted that "the point of the inquiry cannot be to stop expression of
hateful opinion, even if we utterly reject that opinion." Then he goes on to say, "It is when expression of that opinion
risks leading directly to harm to the group against which it is directed that the law has a role to play." But should we
hold someone legally liable for another person's reaction to what he or she says?
When we use the law to inhibit what people say, we transfer power away from the individual citizen, and their need to
show personal responsibility, and onto the state.
At the heart of any theory of policing "hate speech" is the concept of thought control. It will intimidate all of us
into particular ways of thinking. It is a tool that can too easily be employed by any government to silence those who
express a contrary opinion.
The Government Administration committee intends to call for public submissions on the inquiry and has set a closing date
for submissions of 5.00 pm on Friday, 1 October 2004. For more information on the terms of reference for the committee's
inquiry visit:
Discuss this article in our on-line discussion forum:
New School provides more choice
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Students in the Taupo region will soon be able to attend a private school close to home. The Lake Taupo Development
Company (which receives money from the local authority) has just secured a private provider to set up a 600-pupil
co-educational, non-religious school in the region.
This is great news for the 1,000 Taupo students who currently travel outside the district to be schooled. It is also
great news for parents in the community who have indicated, during consultation on the economic development strategy for
the region, that they wanted a private school. The important question to be asked is why there is such demand for
alternatives to state schools in the first place.
Parents recognise that their children are unique and that different children will excel in different schools. When it
comes to schooling, "one-size" does not fit all, and parents will go to great lengths to choose the school that suits
their children best.
However, only parents who can afford it will get this choice. All parents throughout New Zealand should be able to
choose the best possible education for their children.
Discuss this article in our on-line discussion forum:
THOUGHT FOR THE WEEK - Margaret Thatcher
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Being democratic is not enough, for a majority cannot turn what is wrong into right. In order to be considered truly
free, countries must also have a deep love of liberty and an abiding respect for the rule of law.
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