New Zealand Courts Should Use International Law Essay

New Zealand Courts Should Use International Law Essay

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New Zealand courts should use international law to develop the common law, where there is a lack of understanding in specific areas. Through an increasingly global world, New Zealand is able to compare its own laws with other jurisdictions when attempting to create new common law. Furthermore, international law can aid courts in interpreting certain laws when there is a gap in New Zealand law. Rather than beginning with nothing, international law to offers us a framework for approaching novel situations.
When it comes to common law, New Zealand is a young country and as such has not had the experience to flesh out its laws, unlike other jurisdictions. Hence when cases with new issues are presented to judges, by considering the judgements made by international judges, they have a precedent which they can work from. Some might argue that other jurisdictions have a vastly different system than us and are not useful for comparison. Although this is true in many jurisdictions, we have often borrowed certain ideas from other jurisdictions. An example would be the NZBORA and its Canadian in...

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New Zealand Courts Should Use International Law Essay

- New Zealand courts should use international law to develop the common law, where there is a lack of understanding in specific areas. Through an increasingly global world, New Zealand is able to compare its own laws with other jurisdictions when attempting to create new common law. Furthermore, international law can aid courts in interpreting certain laws when there is a gap in New Zealand law. Rather than beginning with nothing, international law to offers us a framework for approaching novel situations....   [tags: Law, Common law, Human rights, Judge]

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