parl structure Flashcards
1
Q
conny
A
- not entreched
- can b ammened w simply majoirty, some entrached super majority 75%
- not supreme
- p is as per s15 conny act
- uncodified
- .
- rule of law
- judges need to enforce even if they dont agree
- seperation of powers
- checks + balances, concentrated power lead to abuse,
- expections to it mp minsters and parl restrict judciary
-represnetativ and repsonsibke govt
-voted by publci - govt accountabilty
2
Q
treaty
A
- lord cook
- simply most important doc of nz history
- evolved
- overruled wi parata simple nullity
- artcile one
- kawanagataga eng = sov, maori = govern
- article two
- right to buy whenever eng, right to buy when selling maori
3
Q
A
4
Q
new national govt bill
A
- accepted a bill to the s committe that will redefine the treaty principle and the relationship of the treaty clauses
- since tow in conny should the govt b willing and or able to chnage without mandate
5
Q
te heu heu
A
treaty has do domestic legal effect unless it is given effect by legisltion
6
Q
bill process
A
- intro
- 1st ready and debate
- select committee
- 2nd reaing and debate
- committee of whole hosue
- 3rd reaodng and debate
- royal assent
7
Q
elections
A
- mmp = diveristy
- electorate - plurity votes
- party majority votes
- maori electoprates + roll
- DISCUSSION RORUND MAORI ELECTORATES
8
Q
GOVT + opposuosn
A
- govt wnat to stay in power so they can make policy and have power
- conscinec bills vote indiv
- supply and confidnce vote together
- supply vote when exec ask for money
- compeptitiom between govt and opp is what drive everything in parliament
9
Q
iron rule of polictial contest
A
- repsonible govt
- representative govt
- polictial accountbailty
10
Q
hor
A
- unicamral - one chmaber
- directley democratic
- 120 mps
11
Q
parl
A
- be the legislature
- provide rep for peeps as elecetd
- provide govt - mp are minsters
- approve suuply of public funds 2 vote - supply vote
- hold govt accontable
12
Q
bills types
A
- govt - ministers
- members - mps - tin
- local - councils
- private - coperates
-.
- if bill fails need to wait 1 year
13
Q
constraints on p law making functions
A
hard law
soft law
polictial and moral
14
Q
hard law constraints
A
- s16 conny act - gg assent on bills
- s268 electoral act - 75% maj
- ngaranoa v ag - court can stroike down leg if doenst apply w s286, INCONSLUCIVE
15
Q
SOFT LAW construtaints
A
- standing orders - non just internal rules
- pickin - p breah standing but non just
- ldac - guidlines for policy formation, conny and legal princuples incl, will need to exlplaing why didnt comply w guidlines if didnt
- s7 reports - reg flag to p breach nzbora, can still pass bill - taylor
- kiwi party v ag - right to bar arm non existet right
