intro - what, branches, constitution, treaty

Question 1

what two relationships does public law govern

Answer 1

1. the vertical relationship between the government and its citizens
2. the horizontal relationship between the three branches of government and all the entities within it

Question 2

what are the three branches of government

Answer 2

judiciary, legislative, executive

Question 3

what does the legislature do

Answer 3

makes the law

Question 4

what does the legislature include

Answer 4

parliament, the HOR, the GG, officers of parliament (ombudsman)

Question 5

what does the executive do

Answer 5

executes the law

Question 6

what does the executive include

Answer 6

gg,
PM,
ministers of crown,
cabinet
executive council
govt dept and ministrys

Question 7

what does the judiciary do

Answer 7

interpret and apply the law

Question 8

what makes up the judiciary

Answer 8

the courts and the judges

Question 9

the judiciary also makes

Answer 9

its own form of law called the common law

Question 10

what is the constitution

Answer 10

describes institutions, and what they have the power to do

Question 11

what are the three features of the constitution

Answer 11

uncodified, not supreme, not entrenched

most other countries have one single doc (US, SA, German)

Question 12

how is the Conny uncodified

Answer 12

because it is not comprised of a single document, it is a variety of written and unwritten constitutional pricipals in various documents

collection of converstions and statutes and other doc

Question 13

what are the key constitutional douments

Answer 13

NZBORA, consitution act, 1688 BOR, Treaty

Question 14

how is the Conny not supreme

Answer 14

it cannot be used by courts to strike down or invalidate contravening legislation

Question 15

why can’t courts strike down legislation due to the NOT supreme conny and under what acts and section does it apply

Answer 15

as parliament is supreme

s15 Conny act

Question 16

how is Conny not entrenched

Answer 16

as it can be amended by parliament by passing a statute with a simple majority

Question 17

the Conny is not entrenched HOWEVER

what section Gives this power

Answer 17

there are certain provisions in the Conny that require a SUPER majority 75% to add or remove

s268 electoral act

Question 18

what are three key principles of the conny

Answer 18

1. representative democracy and responsible govt
2. seperation of powers
3. rule of law

Question 19

explain the first principle of the Conny
1. representative democracy and responsible govt

3 THINGS

Answer 19

exec and leg have MPs voted by pubcli

there is also the government in the executive which must have the support of the majority of MPs to be in power and

that the govt but be held accountable by the opposition and the public (IMPORTNAT)

Question 20

how does the govt (executive) get held accountable by the public

Answer 20

through confidnece and supply votes, select committees and elections

Question 21

why should the public get a say in governments actions

Answer 21

because the public is subject to the use of govt power so we should get a say

Question 22

explain the second principle of the Conny

2. seperation of powers

Answer 22

the three branches are split as concentration of power could potentially lead to abuse so the separation creates checks and balances in each institutions

Question 23

name two ways how although there is the separation of powers principle, it is not completely separated

Answer 23

1. overlap between leg and exec as all ministers must b MP (legislature)
2. judiciary has little ability to act In contravention with parl due to parliamentary supremacy and not supreme constitution

Question 24

explain the third principle of the Conny

3. rule of law

Answer 24

the rule of law is the idea that everyone is subject to the law and subject EQUALLY

**including **law makers

Question 25

what is an interesting and tough part of the rule of law

Answer 25

it requires government officials like judges to implement the law as parliament intended even if they disagree with it

Question 26

what is an important document in the Conny

Answer 26

the treaty of waitangi

Question 27

how did lord cooke describe the treaty

Answer 27

simply the most important document in nz history

Question 28

what was an evolutionary decision in regards to the treaty

Answer 28

overruling wi paratas ‘simple nullity’ decision

Question 29

what has the incoming national/act/nz first govt wanted to implement in regards to the treaty

Answer 29

agreed to support a bill to select committee that will redefine the principles of the treaty and the relationship of treaty clauses

Question 30

what is something to ponder on regarding the Conny, treaties place in it and the new govt

Answer 30

given the fact the treaty is in the constitution should the govt be willing or able to change a key part of the conny w/o a clear mandate

Question 31

key diff in article one

Answer 31

crown gains
- kawangatanga to the crown
- sovereinty to the crown

Question 32

what is the issue in article one

Answer 32

kawanagatanga is governershop not soverity

Question 33

what was the issue in article two

Answer 33

English
Māori were guaranteed possession of their land and agreed to the Crown’s exclusive right to buy. Some later thought this meant the Crown had first option.

Māori
Māori kept full authority over their land and agreed the Crown could buy if they sold

it’s unclear if the exclusive right was fully explained.

Question 34

Te Heuehu Tukino v Aotea District Maori Land Board

Answer 34

created the current rule that the treaty has no domestic legal effect until given effect by legisaltion