The English common law, on which New Zealand law is based, has for nearly 1000 years protected human life in all its forms, with only limited exceptions such as for self-defence. In 1977 an exception was made in New Zealand to permit abortions if certified by two medical consultants. Is that protection to be swept away in the present context without any reasoned debate?
Parliamentary sovereignty means that Parliament can legislate if it chooses to remove the statutory protections of human life in a particular context.
Lord Hoffman in the England's highest court, the House of Lords, in 2000 in R v Secretary of State Ex parte Simms famously stated however: "…the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process".
There needs to be a reasoned debate about Prime Minister Arden's proposal, failing which the gravity of the proposed law change may pass unnoticed in the democratic process.
Proponents of the proposed law change ought to provide coherent reasons and justify why they say the statutory protections of human life should be removed in this context.
* Ian Bassett is a barrister of Auckland.