ORANGA TAMARIKI: THE RULE OF LAW IN FAVOUR OF SOCIAL jUSTICE

 

 

 

 

Both Karl du Fresne  and Chris Trotter have blogged on the Hawkes Bay Case of  a young girl about who should have a parenting order for her and whether this should proceed on the basis of culture or race.  I see it as a disopuite between a collectivist approach and an individual rights and interests of the child.

https://karldufresne.blogspot.com/2021/08/the-disturbing-case-of-moana-and-judges.html

https://bowalleyroad.blogspot.com/2021/08/labour-must-uphold-rule-of-law.html

 I concur with Gary Judd  who blogged into Karl du Fresne's article.  He makes the point  that s 4 of the Lawyers and Conveyancers Act 2006 enshrines the rule of law.  That is correct,  but how?  There is one legal pundit, with some influence,   who maintains  that the s4 provision is merely declaratory and of no substantive effect. I have tried to litigate it has substantive effect but the LCRO was not up to the task.

I blogged  the following as a comment:

 "My unfortunate experience, and as a former lawyer, is that lawyers can be involved in breaches of the rule of law. The Nuremberg laws were also laws of the state and the officer corps of the SS was largely made up of lawyers.   

There is no magical incantation (though pronouncing the words "rule of law" might approach such an incantation) or wand waving that makes probable lawyers as guardians of the rule of law. If it were so the Neo Marxist "feminists judgments project, with its inter sectional mummery, would have been canned long ago. Also there would not have been censorship in Law Talk of Jordan Peterson. The rule of law, by the way, is not, as Professor Niall Ferguson says, the rule of lawyers. Yet it is a good start.

There is a greater dynamic at play here. It also features in the "hate speech' proposals. The present rule of law system is based on individual rights not collectivist Neo Marxist ones. Social Justice is NOT legal justice as it is an imposition of prejudice and liability. There is no possible interface. Woke Social justice determines in advance by one's membership to a group one's guilt (sub nom "privilege')  for example. 

 I know of Judge Callinicos, who is a competent and very experienced family law judge as he was as a practitioner, who would have focused on the interests of the child which are paramount, not an a priori presumption pertaining to CRT.  

 [It is simply astonishing two other judges who should have known better but obviously did not decide to write to Judge Callinicos. If members of the Judiciary are not up to speed with the rule of law, and what it entails,  then we do have a serious problem.   It is a problem of professional and intellectual decadence.]

What we have here is a striking example of the corruption of the Clerisy (as with the MoEd and possibly MSD)- which has adopted critical race theory- and raises the issue, which I raised in my submission on hate speech, has our current weltanschauung been subverted and over thrown by Neo Marxism? 

Most lawyers are anti intellectual and won't see the issue as it really is, as such, and that  their role of guardians of the rule of law is in question if not jeopardy.    There would have been a lawyer arguing for the social justice CRT position."