Government & Branches

Question 1

explain the roles of each of the 3 branches (in theory)

Answer 1

Legislature: makes law

Executive: enforces/administers teh law

Judiciary: interprets the law

Question 2

describe NZ’s constitution

Answer 2

Unwritten/uncodified

Question 3

What makes up our constitution?

Answer 3

• Constitution act 1986 ( replaced 1852 act)
• Electoral act - rules on how elections are carried out
• Senior courts act - sets courts up, gives them their jurisdiction.
• The treaty of Waitangi
• Bill of rights act 1990
• Imperial laws - laws which the English parliament passed, very old and part of our laws + const e.g. magna carta, bill of rights act 1688 etc. imperial laws application act.
• Standing orders - these are the rules on how parliament conducts business and regulates itself.
• “letters patent” - these are instructions from the crown/sovereign - mainly the king, to the gov general.
• Unwritten conventions - things that aren’t sourced anywhere. i.e. cabinet is a convention of an unwritten convention.

Question 4

What are teh 3 key ideas that underpin teh 3 branches

Answer 4

1. rule of law
2. Parliamentary supremacy
3. seperation of powers.

Question 5

What ameks outr constitution dofferent from the US?

Answer 5

1. we dont have two houses of parliament.
2. we are not a federal state
3. more but kinda irrelevant

Question 6

who makes up teh legislative branch?

Answer 6

GG and house of reps
(120 elected MP’s)

Question 7

what are the formal steps for enacting a bill?

Answer 7

• Introduction
• First reading
• Select committee
• report back & second reading
• Committee of the whole house
• Third Reading
• Assent by sovereign

Question 8

what are the functions of the courts?

Answer 8

• impartially resolve disputes
• find facts
• preside over jury trials (Hc and DC)
• interpret and apply law
• make law
  help eoploe settle disputes
  decide remedy
• explain and educate

Question 9

What are the key differences between courts and tribunals?

Answer 9

• Heirarchy - courts have a heirachy, tribunals dont.
• decisions - courts; made by judge or jury. Tribunals: adjudicators are experts in relevant feilds
• jurisdiction: courts: wide jurisdiction. tribunals: special jurisdicition
• monetary limits - courts: monetary limits. Tribunals: may have a limit, usually quite low.
• Formality - courts: formalised procedure and structure (costly & long) Tribunals: informal structure - sometimes no lawyers are involved

*Priority - Courts: prioritises legal arguments. Tribunals prioritises investigation

Question 10

Describe the doctrine of the separation of powers

Answer 10

The theory that government is best structured so that the 3 branches are kept seperate. Preventing the concentration of power in any single entity, ensuring a system of checks and balances where each branch can limit the powers of the others

Question 11

define the rule of law

Answer 11

a fundamental principle that governs a society, ensuring that everyone is subject to the law, including those in power.

Question 12

Explain the relationships/tension between the judiciary and the legislature in terms of Parliamentary supremacy

Answer 12

While technically the judiciary has the power to make (to some extent) and interpret the law, if parliament disagrees with its decisions, it has the power to overrule this.

Question 13

Explain the concept of ultra vires

Answer 13

the legislature can delegate power to the executive - usually regulation making power.
If the executive acts beyond the power given to it by parliament then it is acting in “ultra vires” and can be struk down by the judiciary.

Question 14

what is a law called before it is passed?

Answer 14

A bill

Question 15

After a law is passed it is called an __

Answer 15

Act