REASONS Para No.    Glazebrook and Ellen France JJ Elias CJ William Young and O’Regan JJ GLAZEBROOK AND ELLEN FRANCE JJ (Given by Ellen France J) Table of Contents Introduction Background Prisoner voting The approach in the Courts below The statutory scheme Does the High Court have power to make a declaration of inconsistency? The submissions The approach to date Is the making of a declaration contemplated by the Bill of Rights? Consistency with judicial function? Mr Taylor’s standing – the cross-appeal The decision to grant a declaration in this case Result Para No.              Introduction  The primary issue raised by this appeal is whether the High Court has the power to make a declaration that legislation is inconsistent with the provisions of the New Zealand Bill of Rights Act 1990 (the Bill of Rights). The issue arises in the context of an amendment in 2010 to the Electoral Act 1993. The Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 (the 2010 Amendment) extended the prohibition on voting to all prisoners. Prior to the 2010 Amendment, the prohibition was confined to prisoners sentenced to a term of imprisonment of three years or more.