LEGAL FORUM: MMP: Aligning the Judicial and Parliamentary Functions

Abstract

The advent of MMP may make a considerable difference to the way law is practised in New Zealand. It will change both the policy making environment and will ultimately change aspects of the legal environment. In essence, MMP is going to alter the distribution of public power in New Zealand. The changes in the way our system of government operates will have significant implications for the legislative process, decision making within the executive government and it is suggested, the role of judiciary and the legal profession. The focus of this paper is the possible impact of MMP on the alignment of our parliamentary and judicial functions. On the issue of policy making I will discuss the extent to which these roles may overlap and the desirability of such an occurrence. As a case study I will discuss the impact of judicial activism in the context of New Zealand's employment contracts legislation. Finally, I will examine the role of lawyers as advisors in the new regime.