Constitutional Convention And Conventions In The New Zealand Government

1038 Words 5 Pages
The Executive in New Zealand Government is demonstrably where all the real political power is to be found. Constitutional conventions and statues have over time evolved and been implemented in order to help restrain the Executive and ultimately prevent the Executive from becoming too dominant in New Zealand government. Whilst constitutional conventions and statutes are distinct and separate they both play a vital role and are essential for effective restraint and neither one it can be argued is more important than the other. This essay endeavors to cover and effectively justify why both constitutional conventions and statutes are as said above are equally important although in different situations. However if they work interdependently then …show more content…
It is the supreme form of law and is all the law made by Parliament. Parliaments main source of power derives from the weight of legislation, without legislation parliament would lose a great deal of authority and power. Statutes provide structure and rules for the ongoing stability of the general public. In New Zealand everyone is subject to the law and all are equal before the law, so therefore parliament is subject to their own laws which stops them from making any extremist decisions because they are also still obliged to follow the laws they wish to make. Constitutional conventions although not judicially enforced and not in written format, is still a important aspect in New Zealand 's legal system “government without a constitution is power without right”. They outline serve integral function in allowing flexible and easy constitutional …show more content…
An example of this being put in place is 'Fitzgerald and Muldoon '. In late 1975, Muldoon released a press statement stating that the government would no longer enforce the Superannuation Act 1974. Muldoon was checked through judicial review, Chief Justice Richard Wild held that only parliament could repeal legislation. Muldoon had breached section 1 of the Bill Of Rights Act 1688 “that the pretended power of suspending of laws or the execution by Regall Authority without consent of parliament is illegal”. This implemented the significance of parliamentary supremacy in New Zealand, the executive are not able to disregard statutes. Another import statute was the Electoral Referendum Act 1993 proposed the introduction of MMP, the pressure of multi-party government under MMP has imposed a significant restraint on executive power it decreases likelihood to pass controversial or unpopular policies quite as easy as was happening pre MMP. MMP government are capable of controlling parliamentary outcomes, as evidenced by their successes on confidence motions, annual budgets, and the enactment of large numbers of government Bills within each term of Parliament. However, their ability to do these things is dependent on cooperation between coalition parties and weather they are willing to compromise with their cooperating party. Thus the restraint that MMP imposes on executive power. Another tool

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