executive - the rule of law x the exec

Question 1

the rule of law is

Answer 1

one of the most significant constitutional pillars of NZ

Question 2

what are the two main aspects of the rule of law

Answer 2

1. the executive is bound by the law just like everyone else
2. the executive needs legal authority to act

Question 3

the rule of law functions as

Answer 3

a form of legal accountability that the executive has to parliament

Question 4

what is the foundational case for the rule of law

Answer 4

entick v carrington

Question 5

entick v carrington

facts

Answer 5

a member of the executive branch gave permission for carington to search enticks home under no legal power, as he was committing crimes against the govt

Question 6

entick v carrington

issue

Answer 6

entick sued for trespass as carringtons power that was given to him was given under no such legal power

Question 7

entick v carrington

held

Answer 7

there was no statute or common law proceeding conferring legal right on the minster to grant the warrant

Question 8

what was the rule that was enforced in entick v carrington

Answer 8

enforced the rule that the executive may only exercise power if she power is conferred to it through statute or common law so they are very much subject to the rule of law

Question 9

Webster v police facts

Answer 9

Webster called police for help after fighting with son, w pushes police when they get on to his property, w charged with assaulting a p/o IN THE LAWFUL EXECUTION OF HIS DUTY

Question 10

Webster v police ISSUE

Answer 10

was the police officer acting lawfully when entering Websters property

Question 11

Webster v police held

Answer 11

the police were found to be trespassing as the constable didnt have a warrant or common law right to enter the property and so charges against Webster was dropped

Question 12

what was the key takeaways in Webster v police

Answer 12

another key example of the courts enforcing the rule of law on the executive/polic

Question 13

Fitzgerald v muldoon facts

Answer 13

M campaigned to end the incumbent Labour government’s compulsory superannuation payments. After winning, M issued a press release stating that individuals who stopped making contributions would not be prosecuted, even before legislation was enacted to formalize this change.

Question 14

Fitzgerald v muldoon issue

Answer 14

m press release in fact suspended laws. stopped people abiding by the law is it came from the pm, without having the authority to do so

Question 15

Fitzgerald v muldoon held

Answer 15

m actions were unlawful, pm cannot suspend the law w/o authority from parliament

Question 16

rule of law importance in executive

Answer 16

exec has a lot of power, rule of law is crucial to keep the power in check

Question 17

how is judicial independence crucial for the rule of law

Answer 17

as the courts need to be able to examine and check the executive without political interference