NZ Constitution and Parliament

Question 1

What are the three key features of the NZ constitution?

Answer 1

Unwritten, not entrenched, not supreme

Question 2

Explain the impact of the constitution not being supreme.

Answer 2

Parliament can pass any law it pleases and the judiciary is unable to do anything but issue a declaration of inconsistency if that legislation is unconstitutional

Question 3

Explain the impact of our constitution being unwritten

Answer 3

There is no one single document that defines our constitution. Our constitution is instead spread over a plethora of documents. What documents are considered constitutional may even vary from person to person due to the fact that they are not written in one place.

Question 4

Explain the impact of our constitution being not entrenched

Answer 4

Documents featured in the constitution only need a normal majority in parliament for them to be changed. This means documents we consider of constitutional importance, can easily be changed by parliament.

Question 5

Define constitutional monarchy

Answer 5

A system of government in which a country is ruled by a King or Queen whose power is limited by the constitution.

Question 6

What are the three key features of our legal system

Answer 6

Parliamentary supremacy, separation of powers, rule of law

Question 7

Define Witenagemot

Answer 7

7th-11th Century: Wise men advised the king during the anglo-saxon era but the King didn’t have to take advice.

Question 8

Define Curia Regis

Answer 8

1066: The kings’ council, est. under William the Conqueror. They advise king, but he has final say.

Question 9

Define Magna Carta

Answer 9

1215: If the king wants to do something he needs to get the nobles together and make decisions. This came as a response from to nobles to King John trying to levy taxes. Stated that the King is not above the law and has to rule in consultation with others.

Question 10

Define De Montfort’s Parliament

Answer 10

1265: He created his own parliament.
The first legal body to incorporate commoners

Question 11

Define Model Parliament

Answer 11

1295: Established the house of lords and the house of commons, setting the standard for future parliaments. Under this form of parliament it was declared that the king couldn’t levy tax without consent of parliament.

Question 12

Define the Petition of Rights

Answer 12

1628: Response to King Charles bypassing parliament’s decisions. Reclaimed the rights of Parliament and of free men and to extract a recommitment from the crown to observe the rule of law.

Question 13

Define the English Civil War

Answer 13

1641: War between parliamentarians and the King’s army

Question 14

Define the English Bill of Rights

Answer 14

1689: Stated “that the pretended power of suspending of laws, or the execution of laws, by legal authority, without consent of Parliament, is illegal”. Solidified parliamentary supremacy and King’s lawmaking power no more.

Question 15

Define the NZ Constitution Act

Answer 15

1852: NZ inherited a three tier English parliament. This established a legislative council, a house of representatives and a sovereign representative (governor general). The English Parliament controlled what we could/couldn’t do. The laws created must not be ‘Repugnant to the law of England’.

Question 16

Define the English Laws Act

Answer 16

1858: Outlines that NZ has its own parliament, courts, political system and prime minister. Formally adopts English Law into NZ

Question 17

Define the Westminster Adoption Act

Answer 17

1947: We became self governing (An independent nation) by adopting the Statute of Westminster Act of 1931
This act made us a realm with full autonomy

Question 18

Define the repeal of the Constitution Act

Answer 18

1986: Repealed NZ Constitution Act 1852. Recognised the three branches of government and set out how their separation operates. No power for Britain to make laws in NZ. Queen is Head of State and the Governor-General is her representative in NZ