ABSTRACT
This chapter outlines the component parts of a system of constitutional review and how they create a counter-majoritarian effect. A system of constitutional review is 'entrenched' when the bill of rights itself cannot be amended without a special constitutional process. Entrenchment is common, but not essential: the Human Rights Act 1998 and the Bill of Rights (New Zealand) Act 1990 are both ordinary statutes, as was the Canadian Bill of Rights 1960. Enforcement provisions determine what happens after a judicial finding that a particular executive or legislative action is contrary to the bill of rights. There are three obvious forms of enforcement that the bill of rights may provide for in respect of primary legislation: setting aside, declarations of incompatibility, and, interpreting the legislation against its natural meaning so as to achieve compatibility. The real heart and soul of a 'bill of rights' often pertains to whether the particular legislative or executive action will be held to be justified.
