intro - what, branches, constitution, treaty Flashcards
what two relationships does public law govern
- the vertical relationship between the government and its citizens
- the horizontal relationship between the three branches of government and all the entities within it
what are the three branches of government
judiciary, legislative, executive
what does the legislature do
makes the law
what does the legislature include
parliament, the HOR, the GG, officers of parliament (ombudsman)
what does the executive do
executes the law
what does the executive include
gg,
PM,
ministers of crown,
cabinet
executive council
govt dept and ministrys
what does the judiciary do
interpret and apply the law
what makes up the judiciary
the courts and the judges
the judiciary also makes
its own form of law called the common law
what is the constitution
describes institutions, and what they have the power to do
what are the three features of the constitution
uncodified, not supreme, not entrenched
most other countries have one single doc (US, SA, German)
how is the Conny uncodified
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
what are the key constitutional douments
NZBORA, consitution act, 1688 BOR, Treaty
how is the Conny not supreme
it cannot be used by courts to strike down or invalidate contravening legislation
why can’t courts strike down legislation due to the NOT supreme conny and under what acts and section does it apply
as parliament is supreme
s15 Conny act
how is Conny not entrenched
as it can be amended by parliament by passing a statute with a simple majority
the Conny is not entrenched HOWEVER
what section Gives this power
there are certain provisions in the Conny that require a SUPER majority 75% to add or remove
s268 electoral act
what are three key principles of the conny
- representative democracy and responsible govt
- seperation of powers
- rule of law
explain the first principle of the Conny
1. representative democracy and responsible govt
3 THINGS
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)
how does the govt (executive) get held accountable by the public
through confidnece and supply votes, select committees and elections
why should the public get a say in governments actions
because the public is subject to the use of govt power so we should get a say
explain the second principle of the Conny
- seperation of powers
the three branches are split as concentration of power could potentially lead to abuse so the separation creates checks and balances in each institutions
name two ways how although there is the separation of powers principle, it is not completely separated
- overlap between leg and exec as all ministers must b MP (legislature)
- judiciary has little ability to act In contravention with parl due to parliamentary supremacy and not supreme constitution
explain the third principle of the Conny
- rule of law
the rule of law is the idea that everyone is subject to the law and subject EQUALLY
**including **law makers
what is an interesting and tough part of the rule of law
it requires government officials like judges to implement the law as parliament intended even if they disagree with it
what is an important document in the Conny
the treaty of waitangi
how did lord cooke describe the treaty
simply the most important document in nz history
what was an evolutionary decision in regards to the treaty
overruling wi paratas ‘simple nullity’ decision
what has the incoming national/act/nz first govt wanted to implement in regards to the treaty
agreed to support a bill to select committee that will redefine the principles of the treaty and the relationship of treaty clauses
what is something to ponder on regarding the Conny, treaties place in it and the new govt
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
key diff in article one
crown gains
- kawangatanga to the crown
- sovereinty to the crown
what is the issue in article one
kawanagatanga is governershop not soverity
what was the issue in article two
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.
Te Heuehu Tukino v Aotea District Maori Land Board
created the current rule that the treaty has no domestic legal effect until given effect by legisaltion
