#rantsandreckons 🦋 .

Video, with captions, here.

RT @PHDcomics: What to call your academic event

Cmon etc. 🖤🏉

RT @NC_Renic: True academic friendship is agreeing to sit in the audience for their 8:15am presentation.

Good report, incl some familiar reckons.

And today it’s a research workshop with Hons folk at @VicUniWgtn, where folk are sharing their 5,000 word working papers on the path to ~12,000 word article project — with helpful collegial feedback and thoughts on how to make the project sing. 🤓

Great day yesterday, in a workshop convened by Prof Ros Dixon (as our Borrin visiting fellow) and me — though Ros did all the organisational heavy lifting — with friends from across Aust + NZ, chewing the fat about papers on constitutionally-informed statutory interpretation. 🤓

RT @OrentaOren: The July volume of the “what’s new in the comparative administrative law world” was released earlier this month featuring s….

4. It would be constitutionally preferable for countervailing considerations to be grappled with internally, as the Bill.of Rights seeks to do, so a meaningful opinion can be formed on the virtue or otherwise of a particular law in the light of all relevant considerations.

3. The failure to deal with this tension internally within RSB disrupts its vetting utility, either by RSB equality approach improperly trumping Crown’s Tiriti obligations or by devaluing the RSB analysis as it is easily to reject bc it’s failed to grapple with a key const duty.

That is, formal equality doesn’t admit that differential treatment might be justified by legitimate reasons; cf substantive equality and equity etc.

2. The non-inclusion of te Tiriti / the Treaty creates a tricky tension: the strong formal equality principle in RSB is hostile to te Tiriti / the Treaty (and contra our constitutional traditions and the substantive equality / non-discrimination protection in the Bill of Rights.

1. While not expressly catalogued in the Bill of Rights, Tiriti / Treaty rights are indirectly channelled through s20 rights of minorities and s28 other rights and freedoms not affected; also Tiriti / Treaty rights would found justified limits under s5.

It didn’t come up during my oral submission on the Reg Stds Bill but I wanted to respond to a question put to another submitter, querying why te Tiriti should be included when it wasn’t, eg, included in the Bill of Rights Act.

#rantsandreckons 3/3

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Off to select committee with some #rantsandreckons on the Regulatory Standards Bill. 🤓

Incoming #rantsandreckons in the morning on the Regulatory Standards Bill. 🤓.