Constitution Act

It is true that the major decision making body in New Zealand’s (NZ’s) government, Cabinet, does operate only under the presence of constitutional conventions. However, this is unique and is the oddest aspect of NZ’s constitution. Thus, it is important to look at the advantages and disadvantages of such a body and how this works in the current political environment of Mixed Member Proportional (MMP) in NZ. Cabinet is a collective group of elected crown ministers headed by the Prime Minister…

agricultural and tourism industry. In 1974, Grenada was given its Constitution by an Act of Parliament. However, as of November 24th, 2016, the voting population will be called upon to cast their votes on proposed changes to the Constitution in a national referendum. Before delving into the whole issue of constitution reform, let us first define some terms. According to Dr. Wayne Sandiford in an open lecture on constitution reform, the constitution is defined as “The fundamental law that…

demand for British people to be represented with a just government. Eric Evans argues that societies, such as the London Corresponding Society, were set up to achieve parliamentary reform inspired by the French; cartoons of were made to mock the constitution and King George III, this placed the King and upper classes in a threatening position unless they began reform. Their political aims were identical to those of the French as they wanted to replace the aristocracy with a government which they…

[2005] 2 AC 68 This case, which has been brought before the House of Lords by nine men, who were issued a certificate of a suspected international terrorist under the Section 21 of the Anti – Terrorism, Crime and Security Act 2001 and who were detained under Section 23 of that Act. Their Lordships have answered the questions of law, forming the ratio decidendi. Firstly, did Article 15 apply in the Belmarsh case in order to allow the derogation from Article 5 and the suspension of the right…

like the Stamp Act, passed by British Parliament in 1765, inflamed these feelings. Eventually, the colonies felt they needed to break free from British rule which led to the Declaration of Independence. Equal distribution of power would play a fundamental part in the system of Federalism. The three branches of government: the legislative, executive and judicial, exemplified this as each group had checks and balances to ensure no branch became too powerful. The proposed Constitution should be…

it came to citizens accused of waging war against the country, to prosecute him federal court for treason or another crime. This exemplifies the formalist approach because it looks to previous interpretations of the constitution and attempts to sway the court to follow the constitution strictly despite the fact that it is a different case with different circumstances. Scalia goes on to protest that the system of separation of powers that we have abided by in the past has protected us from…

oversight gives Congress the authority to monitor the executive’s policy implementation and executive activities. When the President issue an executive order, Article II Section 3 of the Constitution, he is directed to “take Care that the Laws are faithfully executed.” For any reason the President goes against the Constitution, the Congress can issue an impeachment. Although “Treason, Bribery, or other high Crimes and Misdemeanors” are the main factors in issuing impeachment, it is a political…

‘integral part’ of the MS’s legal system and was binding on them. Furthermore, the ECJ in Internationale Handellgesellschaf held that the POS “…cannot be affected by allegations that it runs counter to either fundamental rights as formulated by the constitution of that state or the principle of a national constitutional structure.” Not only that, the POS was given added force in Simmenthal , where the ECJ provided the applicability of the EU law regardless of the national law pre-dating or…

Since these solutions were found to be unreasonable by the framers, the only recourse for the Federalists was to remediate the problems caused by faction. The first way that the framers sought to build safeguards against faction into the constitution is through the prevention of majority. This idea of tyranny of the majority is distinct from the fear of a mob uprising in that tyranny of the majority occurs through politically legitimate channels.2 Essentially, if the political system is not…

of Law in NZ. An example of an important statute in NZ is the Social Security Act 1938 which created various welfare benefits, including Superannuation and Unemployment, for New Zealanders in need. While statutes apply to every citizen in NZ, constitutional…