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.

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2
Q

What is in NZs constitutional arrangements?

A

TOW, statutes, common laws and conventions.

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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 Others however view it only as a historical document with little relevance to current modern day agenda.

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4
Q

Arguments for a codified constitution.

A
  1. 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.
  2. 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.
  3. Can lead to a more orderly and clear government as it defines the role and function of each sector of government.
  4. It can also have educative purposes through teaching in school. This could also lead to more engagement from youth in the future.
  5. Pretty much every other country has one. Act of constitutional recklessness if we don’t follow suit.
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5
Q

Against.

A
  1. 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.
  2. 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.
  3. It is unlikely to prevent the abuse of power by certain factions within government.
  4. 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.
  5. 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.
  6. There is currently no problem with the current state of our constitution so why change it.
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