Constitutionalising International Human Rights in New Zealand

Abstract

Do our fundamental rights need protection? What role does the constitution play in this? Is the Human Rights Committee a fourth instance court for New Zealand? Are Final Views legally binding? Is the effective incorporation of the International Covenant on Civil and Political Rights into domestic law simply based on an unavoidable need to meet its obligations? What is the legal and judicial approach in this matter? Can a stronger judiciary substitute the lack of incorporating international human rights effectively? The author critically examines and discusses these questions in the following research paper.