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19 Cards in this Set
- Front
- Back
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What is a constitution? |
A body of fundamental principles or rules in which a country is governed |
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What are the functions of a constitution? |
1. How law is made/changed 2. How the Legislative/Executive is appointed 3. How disputes about the interpretation of law are resolved 4. Political rights of citizens & how they are exercised & protected |
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What are the significant sources of the NZ Constitution? |
WRITTEN SOURCES 1. Constitution Act 1986 2. Electoral Act 1993 3. NZ Bill of Rights Act 1990 4. Case Law: FITZGERALD V MULDOON [1976] 5. Letters Patent UNWRITTEN SOURCES 6. Conventions 7. Separation of Power 8. Rule of Law |
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What four main elements does the Constitution Act 1986 set out? |
1. Sovereign 2. Legislative 3. Executive 4. Judiciary |
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What are the main court developed principles of the Treaty of Waitangi that make up key legislation? |
1. Partnership of good faith between Maori & the crown 2. Duties owed by the partners to each other are of a fiduciary nature - EQUALITY 3. Duty of the Crown to protect Maori in terms of land/taonga - PROTECTION |
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What are the examples of conventions? |
1. Existence of Cabinet in Government 2. Governor-General always assenting to bills so that they become law 3. Government should resign if they dont get majority of votes known as a confidence vote 4. Government should resign when it cannot pass a 'supply' vote 5. Government that loses general election should not take any significant steps without the new Government being sworn in 6. Members of Parliament should not publically critisize the judiciary or court decisions 7. Governor-General should always act on the advice of his/her ministers 8. Members of Parliament should take collective responsibility, giving public support to cabinet policies even if they dont personally agree with them 9. Position of Prime Minister is always held by the Parliamentary leader of the party that commands the majority votes 10. Ministers take responsibility for short comings of their allocated departments & if sufficiently serious offer their resignation |
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What are the characteristics of the NZ Constitution? |
1. Three arms - Legislative - Executive - Judiciary 2. Parliament is the supreme law making body in NZ 3. NZ's Constitution is not superior law 4. NZ's Constitution is not contained in any one single document 5. NZ is a constitutional monarchy 6. The TREATY OF WAITANGI 1840 plays a part in regulating the Crowns dealings with a section of the population & the power of the Executive |
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How does the NZBORA 1990 have effect on passing legislation? |
If any provision in proposed legislation is not consistent with the NZBORA, the attorney-general must attach a certificate to the Bill to that effect. |
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What does Section 6 of the NZBORA 1990 state? |
Section 6 states that where there is more than one way of interpreting a statutory provision, the interpretation that is consistent with the provisions of the NZBORA is to be applied. |
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What is the rule of the law? |
The rule of law consists of a set of legal principles that have a strong moral force in checking the exercise of power by all three arms of Government |
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What is the purpose of the partial separation of powers? |
The purpose of the partial separation of powers is that each power will have moderating effect on the exercising of the power of the others |
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Judiciary - Executive |
1. Courts do checks of the actions of the Executive under constitutional law - FITZGERALD V MULDOON [1976] 2 NZLR 615 2. Courts can review the validity of decisions made by the Executive under administrative law - process is called JUDICIAL REVIEW |
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Legislative Branch Governor-General Parliament - House of Representatives |
- Parliament is a forum for debate & law making - Select committees consider proposed legislation & also consider public input before taking recommendations to Parliament - Members of Parliament for each party form the caucus of that party - The Speaker presides over Parliament & controls its precincts & is appointed by Parliament - Parliamentary privileges describes a number of privileges, rights & powers held by Parliament, its members, its officers etc |
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Executive Branch Crown Sovereign - Represented by Governor-General Cabinet - PM - Senior Ministers Executive Council - PM - All ministers of Crown Government Agencies - Advise ministers - Government Policies |
Policy making - formulation of a Bill for enactment by Parliament as a statute - making of delegated or subordinate legislation by the Governor-General, Minister of the Crown - exercise of statutory discretion Administrative - involved in implementing administrative and policy decisions or performing associated functions - The Governor-General must in all circumstances act on the advice on his/hers ministers - Governor-General has 'four' reserved powers 1. Appoint PM 2. Dismiss PM 3. Refuse to dissolve a PM 4. Force a dissolution of Parliament - Cabinet controls Executive branch |
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Judiciary Branch Courts |
- Resolves disputes about the interpretation of law - Major source of law making & creates & interprets case law - Final decision maker in respect of disputes |
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In what order do the Courts go in from lowest to highest? |
1. District Court 2. High Court 3. Court of Appeal 4. Supreme Court All of courts exercise general jurisdiction, that is criminal as well as civil matters. |
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District Court |
- Recovery of moneys under $200,00 - Recovery of land under $500,000 or rental $62,500 - Specialist divisions Disputes Tribunal Family Court Youth Court - Bound by the decisions of the High Court - Appeals from jury trials in the District Court are to the Court of Appeals |
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High Court |
- Statute based jurisdiction to hear & determine all civil matters within its original jurisdiction - Bound by the Court of Appeal |
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Court of Appeal |
- Exercises an original jurisdiction - Bound by Supreme Court - Hears appeals from the High Court based on appeals from the District Court - when the High Court appeals it the High Court
jury trials in the District Court |
