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11 Cards in this Set
- Front
- Back
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What is a constitution? |
1. Blue print for orderly - and of many countries, restrained and democratic - government - Lays out the functions of the various political centurions, the relationship between them and the distribution of power. 2. Map charting the nation’s political history, values and properties - Concerned with the elaboration on the nature of the political culture and the rights and responsibilities of individuals (may include BORA) |
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Elements of a constitution may include |
- Rules of the political system - Cultural and political values - Political rights - Economic rights - Individual liberties |
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What makes up our constitution? |
- Statutes (45) - International treaties (12) - Conventions (8) - ToW - Common law |
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Treaty of Waitangi |
Maori version: 1. Governorship (kawanatanga) granted to Victoria (not sovereignty) 2. Chieftainship (tino rangatiratanga) over land, villages and treasures guaranteed 3. Maori granted full rights as British subjects |
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Statutes |
Ordinary law (passed by simple majority) - Constitution Act 1986 - BORA 1991 - Electoral Act 1993 - Supreme Court Act 2004 |
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Common law |
Tow - principles Foreshore and Seabed 2004 replaced by Marine and Coastal Area (Takutai Moana) Act 2011 (incapable of owning foreshore and seabed) |
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Conventions |
Rules that regulate and control the democratic system, giving it legitimacy, order and structure. |
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Main rules of our system of government |
- Parliament is ‘sovereign’ or supreme - Parliament can pass any laws - Courts cannot declare acts of Parliament invalid - Parliament cannot bid its successors |
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Arguments for a written constitution |
- Signpost to a country’s national identity and sovereignty - Makes for more orderly government - Divides and limits powers - Educative value - If accompanied by an entrench BOR, protects individual and minority rights - Almost all other countries have one (reckless not to have one) |
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Arguments against a written constitution |
- Gives excessive power to unelected judges - Locks in future generations - Constitution alone can’t prevent distortions in the use or abuse of power - Where is the mandate? - Problem of reaching consensus (likely to be a vacuous document) - If it ain’t broke don’t fix it |
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Options include |
1. ‘One Nation’ majoritarianism (We are one country and we shouldn’t worry about ethnicity (Don Brash view)) 2. Pakeha/Maori partnership (Some argue this should be recognised in a written constitution) 3. Maori devolution Maori (have the right to self-determination in the tribes and whanau) |
