relation to the legislative branch. Heath J said that Parliament did not intend, in the Bill of Rights, “to exclude the ability of the Court to make a declaration of inconsistency”.18 [14] The Judge considered that the ability, since the enactment of s 92J of the Human Rights Act 1993, for the Human Rights Review Tribunal to make a declaration of inconsistency supported that view.19 Finally, Heath J did not consider making a declaration would bring into question parliamentary processes in a way contrary to art 9 of the Bill of Rights 1688 (Imp). [15] Given the fundamental nature of the right involved, the right to vote, the Judge determined it was appropriate to make a declaration in this case. [16] The overall conclusion of the Court of Appeal was that the source of the higher courts’ jurisdiction to make a declaration of inconsistency was “the common law jurisdiction of the higher courts to answer questions of law”.20 The Court took the view that there was no constitutional bar to a court issuing a declaration of inconsistency nor any bar under the Bill of Rights. Indeed, the language and purpose of ss 2–6 of the Bill of Rights and the associated case law supported the existence of the power as did the ability to make a declaration of inconsistency conferred on the Human Rights Review Tribunal under the Human Rights Act.21 [17] Turning to the particulars of the present case, although no question of Mr Taylor’s standing was raised by the Crown, the Court of Appeal concluded he had none.22 The Court did so on the basis the challenge was confined to the 2010 Amendment. Mr Taylor had no interest in that because, in contrast to the other respondents, as a long-term prisoner he could not vote under the earlier legislation. Nor did the Court consider Mr Taylor could be treated as a representative plaintiff. 18 19 20 21 22 At [61]. At [62]. Section 92J applies in the context of breaches of the right to be free from discrimination affirmed by s 19 of the Bill of Rights. Taylor (CA), above n 4, at [109]. At [108]. At [176]–[177].