Constitution Flashcards
1
Q
What are the 2 functions of a codified constitution?
A
It can act as a framework for orderly and democratic countries. It is also used to chart a countries history and values.
2
Q
What is in NZs constitutional arrangements?
A
TOW, statutes, common laws and conventions.
3
Q
TOW.
A
Some view it as the cornerstone and founding document of NZ. Others however view it only as a historical document with little relevance to current modern day agenda.
4
Q
Arguments for a codified constitution.
A
- It will create a greater sense of national identity and independence through the solidification of NZs values and goals. It will help create separation between NZ and the the british monarch.
- It could also lead to the entrenchment of certain legislations such as the 1990 Bill of Rights. This would ensure the protection of citizens rights.
- Can lead to a more orderly and clear government as it defines the role and function of each sector of government.
- It can also have educative purposes through teaching in school. This could also lead to more engagement from youth in the future.
- Pretty much every other country has one. Act of constitutional recklessness if we don’t follow suit.
5
Q
Against.
A
- It will give excess power to unelected judges. the judiciary will have the power to override the legislature (parliament). As a result, parliament will no longer have complete sovereignty.
- It is a binding document that will lock in future generations. It will not have been built on the initial core values of a society as most constitutions are.
- It is unlikely to prevent the abuse of power by certain factions within government.
- There is no mandate for it. There is not a lot of public support as most people are happy with the current state of the constitution.
- It would also be difficult to reach any sort of consensus over the contents of the constitution within parliament due to the differing traditional views of the two major parties.
- There is currently no problem with the current state of our constitution so why change it.