Reform judiciary
Anatoly Kern
Public
Seen by 171
At the moment NZ judiciary went far away from the rule of law and became closed business running mob rule under 'old boys club' sign.
NZ needs to change it in one of two ways:
1. Repeal perjury and false allegation legislations, remove ability for self-representation to move de facto practices into law, openly allowing anyone to lie in courts and pay to members of the mob to get the results they want. Would be nice to have an open price list for every judge though as well as clear published administrative price list for assigning required judge for your hearing.
- Reform judiciary by making it completely open, starting from the selection of judges and going down to clean and open administrative processes. Remove every judge who signed a disagreement with Register of Pecuniary Interests of Judges Bill. Remove NZLS and their practices of political prosecutions and removal from lawyers for the sake of keeping the 'system' Promote self-representation. Stop PPS practices by laying over charges for further plea bargaining (it is criminal offence by law of raising false allegation at the end of the day) Allow more members of public to participate in judicial decisions, extending practice of jury trials. and etc - you suggestions?
Poll Created Thu 19 Jun 2014 4:41AM
Abolish Common Law Closed Sat 19 Jul 2014 1:09AM
There was agreement that the courts and legal system are no longer optimized for the benefit of the people, but no agreement on what to do about it.
Common law is where a judge can "interpret" the law (even to the direct opposite of the wording of the law) and that intrepretation becomes law, trumping the law written.
A person who looks up a law won't find these "clarifications" and will never be able to know the law without reading decisions written faster than one can read them.
Decisions should only apply to the case being heard. And, on the judge's orders, may (optinoally) be enforced in accordance with the decision for 30 or 60 days, to give time for the law to be re-written, or the judge's decision is essentially vetoed by the legislators.
We should be able to read the laws, rather than having a framework that doesn't give all the answers.
If you think that the laws should be recorded in one place (the law) vote yes. If you think the current system of common law is good, vote "no"
Results
| Results | Option | % of points | Voters | |
|---|---|---|---|---|
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Agree | 35.6% | 16 |
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| Abstain | 11.1% | 5 |
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| Disagree | 31.1% | 14 |
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| Block | 22.2% | 10 |
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| Undecided | 0% | 304 |
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45 of 349 people have participated (12%)
Nick Moylan
Thu 19 Jun 2014 4:47AM
Sometimes parliment doesn't always get it right. The judiciary is a check and balance and their would be many more cases than legislators could handle.
David Wong
Thu 19 Jun 2014 5:00AM
That's what the appeal process is for to get a second opinion
Stephen Sheehan
Thu 19 Jun 2014 5:14AM
It is a required function for a judicial system to function, that has a degree of separation from Government.
Cohen Glass
Thu 19 Jun 2014 5:22AM
The entire judicial system in NZ is a farce, if not an outright crime ring, that can be traced back to puppet masters at the very top (in my opinion) - the entire operation needs to be eradicated (if I may use that word) - so yes to this step
Michael
Thu 19 Jun 2014 5:23AM
Sorry I think Common Law is good evolution within our system and would hate for it to be fixed to one idea without flexibility over time.
Merryn Bayliss
Thu 19 Jun 2014 5:30AM
Makes sense. The situation re legal precedents really bugs me. I agree that decisions should only apply to the case being heard. Judges presiding over future cases should not be constrained by previous decisions and interpretations.
Anatoly Kern
Thu 19 Jun 2014 5:42AM
Good points in the proposal, thought those who are making their living out of the flaws of the current system will never allow this to happen.
Michel Verhagen
Thu 19 Jun 2014 6:08AM
Good luck with this. I fully support it, but you'll find there is too much vested interest from the legal profession to ever stop this. In NZ judges work for lawyers and lawyers work for judges. You are just the guy paying the bills.
Marc Whinery · Thu 19 Jun 2014 4:36AM
"Repeal perjury and false allegation legislations, remove ability for self-representation to move de facto practices into law, openly allowing anyone to lie in courts and pay to members of the mob to get the results they want. Would be nice to have an open price list for every judge though as well as clear published administrative price list for assigning required judge for your hearing."
Is this a facetious option? If not, I don't think I understand it. If so, then I think giving two options, one obviously the most deliberately "bad" as possible to make the other one look good isn't a fair or impartial way of evaluating a proposition.