New Zealand constitutional reform urged in new book by Professor Claire Charters

Professor Claire Charters of the University of Auckland has released a new book, ‘Sovereignty: The Case for Constitutional Transformation’, which argues that New Zealand’s current constitutional framework is unjust and requires fundamental reform. Charters, an expert in Indigenous law, contends that the existing system fails to adequately protect Māori rights and Te Tiriti o Waitangi.

Because New Zealand lacks a single written constitutional document, relying instead on a British model of legislation, court decisions, and unwritten conventions, Charters identifies a critical weakness: the courts lack the power to overturn legislation passed by Parliament, even when such laws may breach human rights or Indigenous rights under international law. She suggests that these constitutional vulnerabilities affect all citizens, citing the government's ability to legislate against climate-related legal actions as an example of parliamentary supremacy overriding judicial considerations.