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27 Cards in this Set
- Front
- Back
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What is Law?
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A set of enforceable rules made to regulate conduct in society. It reflects the nature and values of society.
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What are justice, morality and ethics?
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Primary goal of law is to seek justice, it is the concept of moral rightness based on ethics.
Morality: Sometimes it is legally ok to do something but is morally wrong. Ethics: Code of behaviour/guidelines. Right & Wrong |
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ELEMENTS OF LAW:
Who makes it, enforces it and resolves it |
Parliament makes it.
Govt departments/police enforces it. Courts and tribunals resolves it. |
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Name the 3 broad sources of Law
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Legislation, Judiciary and Conventions.
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What are conventions?
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They only relate to the constitution.
Historical rules developed over time. They are not enforceable, but are followed to keep the political machine working. |
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What is a constitution?
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It is the basis for constitutional law. It defines the power of institutions of the state. Outlines what the govt can and can't do, our rights as citizens and our relationship with the state.
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The nature of NZ's constitution
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It is unwritten
Can be found in court decisions, statutes, conventions and doctrines. There is no higher law. |
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What are NZ's constitutional statutes?
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Bill of rights Act 1688 (UK)
NZ bill of rights act 1990 Constitution Act 1986 Electoral Act 1993 |
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What does the Bill of Rights Act 1688 (UK) include?
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* Gave parliament powers to make and unmake law
* Complete freedom of speech within parliament * Sole right to give consent to taxation |
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What does the NZBORA 1990 include?
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Gives certain rights and freedoms:
* Freedom of expression * Freedom of association * Freedom from discrimination * Right not to be unreasonably detained ETC |
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What does the Constitution Act 1986 include?
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Sets out the governing structure of NZ (Separation of Powers)
- The Sovereign (Queen/Governor General) - The Executive (Ministers of Crown) - The Legislature (Parliament) - The Judiciary (Courts) |
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What does the Electoral Act 1993 include?
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Provides rules on conduct of elections, voting age and electoral term.
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What are the constitutional doctrines?
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- Parliamentary sovereignty
- Prerogative powers - The rule of law - Separation of powers |
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Explain parliamentary sovereignty
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This doctrine means parliament has plenary power and can pass any law it likes.
There is judicial subordination to parliament, courts MUST obey parliament. No parliament can bind successors, later parliament can change acts |
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Explain prerogative powers and give examples
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Powers originally held by the Monarch but removed by parliament. Now the Gov General holds on behalf of the Queen.
- Grant honours - Pardon offenders -Receive or expel diplomats - Dissolve parliament |
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Explain the Rule of Law
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You can only be accountable if you BREAK the law - but remember ethics and morals.
No one is above the law. Doesn't affect parliament making laws Includes concept of due process |
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Name the 3 arms of government and what they do (separation of powers)
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The legislature - Makes law
The judiciary - Interprets law The executive - Implements law |
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What are the differences between the English and Maori version of the Treaty of Waitangi?
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Maori's thought it was a transfer of governance, English saw it as sovereignty
English said they would protect maori property rights, but there was no distinction between property. Maori believed they were giving away less land than they thought they were. |
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What is the role of the Waitangi Tribunal?
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Makes nonbinding recommendations for:
- Compensation for wrongful seizure of land in private hands - Compensation for return of land in Crown hands - It is not a court, but held in high regard and findings carry considerable weight. |
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What makes up 'Parliament'?
What are their roles? |
House of Representatives and the Governor General.
Scrutinizes and debates the govts performance Debates proposed bills and listens to public submissions Passes new laws with assent from the governor general |
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What makes up "The Executive?"
What are their roles? |
Governor General, Prime Minister and Ministers of the Crown.
GG signs bills into acts (Royal assent) PM represents NZ, advises GG and allocates ministerial roles Ministers of the crown are MP's who sit in cabinet. Oversees management of govt departments. |
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What makes up "The Cabinet"
What are their roles? |
Prime minister + ministers of the crown
Informally creates policy and introduces it to parliament. Most powerful policy making organ. |
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What makes up the "Executive Council"
What do they do? |
Governor General + Prime minister + ministers of the crown
They pass delegated legislation |
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Who are the Judiciary and what do they do
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The judiciary are the courts. They ensure the executive arm doesn't abuse their power. They must do what parliament says but free to interpret legislation.
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What is the court hierarchy? Go from lowest to highest
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Tribunals < District Dourt < High Dourt < Court of Appeal < Supreme Court
Lower courts MUST follow rulings of higher courts. (Doctrine of precedent) |
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What is the ratio decidendi?
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The principal of law that has emerged from the materials facts of the case.
Identify the facts or circumstances, and what law was applied to these facts. |
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What is the obiter dictum?
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Any statement of law which is not part of the ratio. (by the way statements).
Include statements on hypothetical and contrary facts. |
