| Imperial Laws Application Act 1988 | |
|---|---|
 | |
| New Zealand Parliament | |
| |
| Passed | 28 July 1988 |
| Status: Amended | |
The Imperial Laws Application Act 1988 is an important part of New Zealand's uncodified constitution. The Act applies certain enactments of the Parliament of the United Kingdom and its predecessors, rulings of the Judicial Committee of the Privy Council and English common law into New Zealand law.
The 2nd New Zealand Parliament passed the English Laws Act 1858, which affirmed the application of statutes of the Parliament of the United Kingdom and its predecessors to New Zealand law.
The Act provides that after its commencement, no Imperial enactments or subordinate legislation not listed in the Schedules of the Act are part of New Zealand law.
The First and Second Schedules to the Act lists the Imperial Acts which are part of New Zealand law. The Act also provides that the common law of England (including the principles and rules of equity), so far as it was part of the laws of New Zealand immediately before the commencement of the Act, continue to be part of the laws of New Zealand. These Acts include:
The Act gives the Governor-General in Council the power to make subordinate legislation under Imperial enactments which are part of the Act.
Habeas corpus is a recourse in law by which a report can be made to a court in the events of unlawful detention or imprisonment, requesting that the court order the person's custodian to bring the prisoner to court, to determine whether their detention is lawful.
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Dominions and the Crown.
The Bill of Rights 1689 is an Act of the Parliament of England that set out certain basic civil rights and clarified who would be next to inherit the Crown. It remains a crucial statute in English constitutional law.
The Dominion of New Zealand was the historical successor to the Colony of New Zealand. It was a constitutional monarchy with a high level of self-government within the British Empire.
The Attorney General of Ireland is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does participate in cabinet meetings when invited and attends government meetings. The current attorney general is Rossa Fanning, SC.
The Statute of Westminster of 1275, also known as the Statute of Westminster I, codified the existing law in England, into 51 chapters. Chapter 5 is still in force in the United Kingdom and the Australian state of Victoria whilst part of Chapter 1 remains in force in New Zealand. It was repealed in Ireland in 1983.
The Habeas Corpus Act 1679 is an Act of Parliament in England during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions, as well as the United States and the Philippines, primary legislation has both a short title and a long title.
In law, coming into force or entry into force is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person. On rare occasions, the effective date of a law may be backdated to a date before the enactment.
The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.
The Habeas Corpus Act 1640 was an Act of the Parliament of England.
The Interpretation Act 1978 is an act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and documents", Acts of the Scottish Parliament and instruments made thereunder, and Measures and Acts of the National Assembly for Wales and instruments made thereunder. The Act makes provision in relation to: the construction of certain words and phrases, words of enactment, amendment or repeal of Acts in the Session they were passed, judicial notice, commencement, statutory powers and duties, the effect of repeals, and duplicated offences.
The law of New Zealand uses the English common law system, inherited from being a part of the British Empire.
The Parliamentary Counsel Office is New Zealand's law drafting office. It drafts New Zealand Government Bills and Legislative Instruments. It also publishes all New Zealand Bills, Acts, and Legislative Instruments in print and on the New Zealand Legislation website.
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.
In British law and in some related legal systems, an enactment is spent if it is "exhausted in operation by the accomplishment of the purposes for which it was enacted".
The Interpretation Act 1889 was an act of the Parliament of the United Kingdom.
The remedies available in a Singapore constitutional claim are the prerogative orders – quashing, prohibiting and mandatory orders, and the order for review of detention – and the declaration. As the Constitution of the Republic of Singapore is the supreme law of Singapore, the High Court can hold any law enacted by Parliament, subsidiary legislation issued by a minister, or rules derived from the common law, as well as acts and decisions of public authorities, that are inconsistent with the Constitution to be void. Mandatory orders have the effect of directing authorities to take certain actions, prohibiting orders forbid them from acting, and quashing orders invalidate their acts or decisions. An order for review of detention is sought to direct a party responsible for detaining a person to produce the detainee before the High Court so that the legality of the detention can be established.
The Statute Law Revision Act 1861 is an act of the Parliament of the United Kingdom.