Traitor allegations ‘need careful thought’

Press, 26 August 1978, Page 4

Traitor allegations ‘need careful thought’

f PA Wellington New Zealanders should ’’ think carefully before they !' allege that organisations ." concerned with sporting contracts with South Africa are "Itraitors, according to Professor R. Q. Quentin-Baxter, of Victoria University. Professor Quentin-Baxter ° said that acceptance of pcflitical refugees and their right g to freedom of speech was “a j manifestation of democracy, 7 (not at national level, but above it.” I In the last few decades, he p said, even while there had 'been an increase in the num- _ ber of military dictatorships " and one-party States, there had been a growth of what he called “international conistitutionalism.” This was what had allowed New Zealand to get ’ its 200-mile economic zone s accepted by other countries, l - he said. More and more, this general acceptance of inter-n-national rules had replaced ' the British Empire and collective defence agreements as the basis for New Zealand’s security, said ProfesII sor Quentin-Baxter. e - “Clearly our international e relations will not allow us n to harbour people who ate ____________________

i:tack another friendly State,” !he said. 1 “On the other hand, we -!should extend to the inter-: si national level the ideas of! - free speech, and should also >'remember that if we allow • -people to visit our country fan a basis which denies them the right to speak as -! others speak, then we may ■i leave to the executive [ branch what is normally the i! sole concern of the courts, ,ihe said.” “Before we find ourselves not merely disagreeing with ; organisations concerned with I sporting contacts with South - Africa, we should think- ■ about whether in con-1 ystitutional terms we can i really afford to turn these: people in our own minds into traitors." I Professor Quentin-Baxter! [ said that New Zealand’s con- > stitution was “extreme.” ■ The New Zealand Parliament was less restricted by -jthe courts than that of any -i other country. Even Britain, I which also did not have a -.written constitution, bowid ’ its Parliamment by the laws - of the E.E.C. and the Coun- ■ <‘il of Europe, he said. I I There was a case for fol(lowing the Canadian -'example of passing a bill of-

'rights, which the courts would be asked ta uphold (even above other laws -passed later.

. On the other hand, again more than any other country, New Zealand kept its Parliament “under the thumb” of the people, with short three-year terms and i close contact between people and their members of Parliament, said Professor Quen-tin-Baxter.

j Unpopular institutions (Such as the Legislative ■Council had been abolished, (and it was possible that the office of Governor-Genera! ! would be “open to the same kind of decay,” though he was the only person with any control (Tver Parliament.

It was “certainly wrong that a Cabinet in power (should appoint one of in (own as Governor-General without taking even the most elementary steps to (ensure that this appointment was widely accepted,” Professor Quentin-Baxter said. Yet he believed that there were advantages in having a politician in the post, because in any intervention in (politics, the Governor-Gen-jeral’s concern should not be “narrowly legal,” but should !be to “help the country 'rather than divide it.”