Browsing by Author "Sander, Judith"

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Constitutional Change Unwanted - The Use of Eternity Clauses
(Te Herenga Waka—Victoria University of Wellington, 2011) Sander, Judith
This essay deals with eternity clauses as the strongest constitutional mechanism to prevent constitutional change. The first section compares different conceptions of constitutionalism and introduces actual contents of eternity clauses. The main part examines the question whether an eternity clause contradicts the idea of democracy by illustrating the main problems that arise in this context. Core points are inter alia the legitimacy of hypothetical consent regarding eternity clauses and the question whether the binding force of eternity clauses bears on the constituent power. The last section of the essay deals with the system of unwritten constitutions and analyses the existence of core values as well as their alterability. The author concludes that an eternity clause is a democratically legitimate provision under certain prerequisites that finds its limit in the people acting as the constituent power. The analysis of unwritten constitutions comes to the result that there exist underlying fundamental principles whereas their inviolability is desirable but not safeguarded.
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Organ Donation in New Zealand: A Reform Proposal for the Human Tissue Act 2008
(Te Herenga Waka—Victoria University of Wellington, 2011) Sander, Judith
This essay deals with the topic of organ donation in New Zealand. It shows the necessity of increasing the donor rate and argues that the current legislation needs to be reformed. It discusses different approaches to deal with organ donation with the result that a system of mandated choice would be the best solution for New Zealand. Subsequently it explains how such a system needs to be shaped in order to minimise the infringement of autonomy, comply with the requirements for informed consent, and also observe family interests and cultural needs.
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The Right to a Fair Trial in the Era of Terrorism: Are Military Commissions the Solution?
(Te Herenga Waka—Victoria University of Wellington, 2011) Sander, Judith
This essay deals with the current decision of the United States Government to use military commissions in order to try Guantanamo detainees. It examines the question of whether military commissions are able to uphold the right to a fair trial by analysing structural and procedural problems of military commissions. The author argues that the new procedures for military commissions fail to guarantee the right to a fair trial and that the federal court system is the preferable alternative
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Why the Right to Privacy Sets a Limit to the Disclosure of Sex Offenders' Personal Information
(Te Herenga Waka—Victoria University of Wellington, 2010) Sander, Judith
This paper deals with the relationship between the right to privacy and the disclosure of sex offenders’ personal information. First, it will give background information on the protection of the right to privacy in New Zealand and analyse the case Brown v Attorney-General with the result that the judgment was correct with the interpretation that the police actions caused a breach of privacy. After that, it will raise the question if sex offender registries are a proper alternative to increase community safety concluding that a statutory sex offender registry would not be a good idea for New Zealand and would also be inconsistent with the New Zealand Bill of Rights Act.