parliament Flashcards
1
Q
What is the structure of government in New Zealand?
A
The three branches are The Legislature (Parliament), The Executive, and The Judiciary.
2
Q
What constitutes Parliament in New Zealand?
A
Parliament includes the Governor-General (Sovereign Representative) and the House of Representatives.
3
Q
Why is the House of Representatives important?
A
It plays a vital role in the functioning of the constitution, democratic accountability, and political competition.
4
Q
What does “black mirror law” refer to?
A
Laws that suggest the Governor-General holds power, but in practice, they are a figurehead and follow the commands of the Ministers
5
Q
What is the key function of Parliament?
A
To make laws, although the executive branch does much of the legislative work.
6
Q
What summarizes the “Iron Rule of Political Contest”?
A
the opposition intends to replace the Government, while the Government intends to remain in power, structuring political competition.
7
Q
What must the governing party maintain to stay in power?
A
The confidence of the House of Representatives.
8
Q
Describe the legislative process in Parliament.
A
It involves multiple readings of a bill to create a new Act of Law.
9
Q
What are Standing Orders?
A
Internal rules made by the House of Representatives to follow in creating laws.
10
Q
Can courts intervene in the legislative process? and what case relates to this idea
A
No, as standing orders are not laws and have no legal force; this would breach the separation of powers (Pickin v British Railway Boards).
11
Q
What are the statutory requirements for passing legislation?
A
Constitution Act section 16 (GG assent to bills) and Electoral Act section 268 (restrictions on amendments to entrenched law).
12
Q
What can happen if Parliament does not comply with entrenched legislation?
A
The court can strike it down, stating it is not law
13
Q
What is the role of the Governor-General as stated in Section 18?
A
The Governor-General calls Parliament but acts on the advice of the Prime Minister, who holds the real power.
14
Q
What does Section 16 state about the Governor-General’s role?
A
The Sovereign must sign all bills passed by the House of Representatives before they become law.
15
Q
What does Section 16 state about the Governor-General’s role?
A
The Sovereign must sign all bills passed by the House of Representatives before they become law.
16
Q
What are the three key constitutional conventions related to the Sovereign?
A
- The Sovereign must always have advisors (Ministers).
- Advisors must have the support of the majority of the House (confidence).
- The Sovereign follows the advice of the advisors.
17
Q
What is the primary function of the House of Representatives?
A
It provides the country’s Government, decides who will be Prime Minister and ministers, and represents the public.
18
Q
Why is the House of Representatives considered the primary law-making body?
A
It is the only part of Government chosen by the public and serves as the basis for law-making.
19
Q
How does the House of Representatives contribute to democratic accountability?
A
By representing the people, maintaining communication with the Cabinet, and ensuring support to stay in Government.
20
Q
What role does the House of Representatives play in taxation and spending?
A
It consents to taxation and spending, as the Government needs money from taxes to operate.
21
Q
What happens if the House of Representatives does not approve Government spending?
A
It signifies a loss of confidence, requiring the Government to resign.
22
Q
How does the House of Representatives hold the Government accountable?
A
By scrutinizing and questioning ministers, with set times for questioning and using select committees for in-depth review.
23
Q
What are select committees in the House of Representatives?
A
Smaller groups dedicated to specific areas that scrutinize Cabinet in detail and are open to public submissions.
24
Q
What drives everything that takes place in Parliament?
A
Competition between political parties.
25
What is the Iron Rule of Political Contest?
1. The opposition seeks to replace the government.
2. The government aims to remain in power.
3. MPs want to be re-elected.
4. Party leadership depends on retaining confidence shaped by the first three principles.
26
How is politics structured in the New Zealand constitution?
Politics is embedded in how the House of Representatives (HOR) operates, fueling its functions.
27
What are the two blocks in the House of Representatives?
The Governing block and the Opposition block.
28
What was a significant outcome of the 2020 election due to COVID-19?
Labour won a majority on their own, a rare occurrence without needing coalitions.
29
Why does the governing block work to please the public?
to stay in Government and ensure their laws and policies are implemented.
30
What motivates the opposition block?
The desire to become the Government and win votes.
31
How do MPs in the governing block typically respond during scrutiny?
They defend their team, regardless of leadership imperfections, to maintain power
32
How do different parties compete in Parliament?
They seek public approval, creating a dynamic that keeps the political system functioning.
33
What is necessary to avoid criticism as a governing party?
Implementing good policies that are effectively applied and achieve positive outcomes.
34
What does a change of government typically indicate?
It indicates that the government has lost rather than the opposition has won.
35
* What types of accountability are important in New Zealand's government?
Legal forms of accountability and political accountability enforced by elections
36
What is the role of politics in shaping how politicians act?
Politics influences behavior and can reduce the necessity for a higher level of constitutional law.
37
What does MMP stand for?
Mixed Member Proportional.
38
What are the two types of votes in the MMP system?
The electorate vote and the party vote.
39
Why is the party vote considered more important under MMP?
It determines the overall share of seats a party gets in the House of Representatives based on their share of the party vote.
40
What is the electorate vote?
The vote for a candidate in a specific province, with the candidate receiving the most votes being elected to the HOR (72 seats).
41
What is an "overhang" in the MMP system?
When a party retains more electorate seats than their overall share of party votes would normally allow, resulting in more than 120 MPs.
42
What is the representation threshold under MMP?
A party must receive either:
- At least 5% of the party vote, or
- Win at least one electorate vote to gain representation in the HOR.
43
What happens to votes from parties that do not meet the representation threshold?
Those votes are thrown out and do not count towards representation.
44
What is demonstrated by the Attorney-General v Taylor case?
It illustrates why and how Parliament is sovereign in law-making.
45
What did the Court of Appeal establish in the Attorney-General v Taylor case regarding prisoners' rights?
A restriction on prisoners' rights to vote is inconsistent with the New Zealand Bill of Rights Act (NZBORA).
46
How does Parliament's sovereignty relate to the Conservation Act?
Parliament does not derive its sovereign power from the Conservation Act; its power stems from conventions.
47
What is the significance of separation of powers in the context of the Attorney-General v Taylor case?
Courts have a sovereign function independent from Parliament, recognizing Parliamentary sovereignty while maintaining their own authority.
48
What is the legislative process?
The procedure through which new Acts of Law are created.
49
How does the political reality affect the legislative process in New Zealand?
The executive branch plays a major role in law-making, proposing most bills to the legislative body.
50
What are Government Bills?
Bills proposed to the House by Government ministers, which are typically supported by the majority party.
51
What role do public servants play in the legislative process?
they advise ministers on existing laws and suggest changes if issues arise.
52
What is the role of select committees in the legislative process?
Select committees scrutinize bills to ensure they align with Parliament's purpose, allowing for constructive input from all parties.
53
What is a referendum, and what authority does the Government have regarding it?
A referendum allows public input on significant issues, but the Government can disregard its outcome.
54
What are standing orders?
Internal rules created by the House of Representatives for its own procedures, not subject to court oversight.
55
Why do members of Parliament follow standing orders?
They care about the constitution and want to ensure their rules promote good governance.
56
What is the significance of Pickin v British Railway Boards?
It established that legislative process issues are for Parliament to resolve, not the courts, emphasizing Parliamentary supremacy
57
What two statutory requirements are relevant to the passing of legislation?
1. Constitution Act 1986, Section 16: A bill becomes law only after Royal Assent.
2. Electoral Act 1993, Section 268: Special procedures for changing certain provisions require a 75% majority.
58
What does the term "entrenched legislation" refer to?
Legislation that has special procedures for amendment or repeal, often requiring higher thresholds for changes.
59
What are the constraints on the legislative process within the executive branch?
Members of the executive (cabinet) are typically part of the House majority, leading to minimal changes in proposed bills due to prior cabinet approval.
60
What are "soft laws" in the context of the legislative process?
Soft laws are guidelines and principles intended to promote quality legislation but lack binding legal authority.
61
What is the role of the Legislative Design and Advisory Committee (LDAC)?
LDAC promotes quality legislation by creating soft law guidelines and consists of experts in law, economics, policy, and academia.
62
How do soft laws apply internally to the executive branch?
Cabinet values and expects compliance with these guidelines to ensure quality legislation before it is presented to Parliament.
63
What are some fundamental constitutional principles outlined in the LDAC guidelines?
Rule of Law, Parliamentary Supremacy, Separation of Powers, Treaty of Waitangi, Natural Justice, and Access to Courts.
64
Why must legislation fit within the wider constitutional principles and values?
Legislation should be consistent with constitutional principles to function effectively within the overall legal system.
65
What principles guide the treatment of Māori interests in legislation?
Consistency with the Treaty of Waitangi, protection of Māori interests, and consultation with Māori communities.
66
What is the significance of the NZBORA Section 7?
It requires the Attorney-General to report to Parliament if a bill appears inconsistent with the Bill of Rights.
67
What is the dual role of the Attorney-General (AG)?
The AG serves as both a senior law officer ensuring compliance with the rule of law and as a member of Parliament.
68
What happens if a bill is found inconsistent with the NZBORA?
The AG must attach a Section 7 report to warn Parliament of potential rights infringements, but this does not stop the bill's passage.
69
How does Parliamentary Supremacy affect the legislative process?
It allows Parliament to enact any law it wishes, even if it conflicts with established rights or principles.
70
How does the AG's dual role affect legislative scrutiny?
The AG can prewarn the cabinet about potential issues while still supporting the bill in Parliament.
71
What is the significance of having no legal controls governing the executive's legislative process?
The lack of hard laws means that the executive's process in creating proposed legislation relies on adherence to soft laws and best practices rather than mandatory legal requirements.
72
What is the role of the Attorney-General (AG) in the legislative process?
The AG, as a senior law officer, ensures that government functions comply with the rule of law and reviews all bills for consistency with the NZ Bill of Rights Act (NZBORA).
73
What is meant by "Parliamentary Supremacy"?
Parliamentary Supremacy means that Parliament can enact any law it wishes, even if it conflicts with established rights or principles
74
How does the AG's dual role affect legislative scrutiny?
the AG, being part of the executive and a member of Parliament, may alert the cabinet about potential issues while still supporting the bill in Parliament.
75
What is the importance of the "demonstrably justified" standard in Section 5 of the NZBORA?
It sets a high threshold for any limitations on rights, requiring that restrictions can be proven necessary and reasonable in a democratic society.
76
What are some examples of fundamental constitutional principles listed in the LDAC guidelines?
Examples include representative democracy, separation of powers, natural justice, access to courts, and the presumption against retrospectivity.
77
How do guidelines impact the legislative process despite being non-binding?
Guidelines serve as a framework for legislative design, encouraging quality legislation and prompting consideration of broader constitutional values
78
What is a potential issue with disregarding the LDAC guidelines when proposing legislation?
Ignoring these guidelines can undermine the constitutional arrangements that support effective governance and public trust in the legislative process.
79
What role do consultation and consistency with Treaty settlements play in the legislative process?
They ensure that proposed laws respect Māori rights and interests, fostering a collaborative relationship between the Crown and Māori.
80
How often do Section 7 notices appear in practice, and what is their political significance?
Approximately three Section 7 notices are issued annually, but many bills are passed despite them due to political considerations often outweighing rights concerns.
81
What is a key concern regarding political motivations in legislative decisions?
Political popularity can drive the enactment of laws that may infringe upon rights, raising ethical questions about the balance between governance and individual freedoms.
82
How does the government lawyers' Section 5 analysis influence proposed legislation?
The analysis provides a legal assessment that informs the AG's report and guides the executive on whether a bill may infringe on rights.
83
Why is it crucial for proposed legislation to align with New Zealand's constitutional principles?
Ensuring alignment fosters public confidence in the legislative process and maintains the integrity of the constitutional framework.
84
What kind of expertise does the LDAC consist of?
The LDAC includes senior public service officials and external advisors with backgrounds in law, economics, policy, and academia to enhance the quality of legislation.
85
What is an example of legislation that poses a conflict with constitutional principles?
Laws that override fundamental rights without sufficient justification, such as restrictions on voting rights for prisoners, highlight tensions between political objectives and constitutional values.
86
What is the main focus of the New Zealand constitution?
It determines who makes the rules and limits the power of those making the rules to protect the people.
87
What does Section 15 of the Constitution Act establish?
It grants Parliament full power to make laws.
88
How are Acts of Parliament viewed in the context of New Zealand law?
Acts of Parliament are the highest form of law, binding all other branches.
89
What limits the interpretative power of courts regarding Acts of Parliament?
Courts can apply and interpret Acts, but they are constrained by the Interpretation Act 2019 and cannot declare Acts invalid.
90
What are the explicit limits on what Parliament can legislate?
While Parliament has full law-making power, there are guiding frameworks like LDAC and Section 7 notices under NZBORA.
91
What role does the Legislative Design and Advisory Committee (LDAC) serve?
LDAC provides guidance to Parliament on legislative design but cannot enforce compliance.
92
How does the NZ Bill of Rights Act (NZBORA) affect parliamentary power?
While Parliament can pass any law, it is encouraged to consider the rights protected under NZBORA.
93
What is the difference between "Moral Status" and "Legal Status" regarding parliamentary power?
Moral Status pertains to social consequences of enacting unjust laws, while Legal Status involves political accountability through elections.
94
Why do most countries have entrenched constitutions?
They contain guaranteed rights and allow courts to review legislation for consistency with higher law.
95
What does Section 4 of the NZBORA stipulate?
Courts cannot use NZBORA to invalidate legislation; they can only issue declarations of inconsistency.
96
What does a declaration of inconsistency entail?
It expresses that legislation is inconsistent with NZBORA, putting political pressure on Parliament to reconsider the law.
97
What theory did Justice Cook propose about common law rights?
He suggested there are fundamental common law rights that even Parliament cannot override, and attempts to do so would render those laws invalid.
98
What was the outcome of **Kiwi Party Incorporated v Attorney-General (2020)**?
The Court of Appeal struck out the case, affirming that Parliament can legislate on firearm ownership without a constitutional right to bear arms.
99
What does the Kiwi Party case illustrate about parliamentary sovereignty?
It demonstrates that attempts to challenge Acts of Parliament based on moral or constitutional grounds are unlikely to succeed.
100
What would occur if courts had the power to strike down laws?
It would transition from parliamentary sovereignty to judicial supremacy, fundamentally altering the constitutional framework.
101
Why is diversity important in the judiciary?
The current makeup of judges may lack representation, affecting the legitimacy and democratic accountability of judicial decisions.
102
What could happen if Parliament's power is unchecked?
It could lead to the enactment of laws that undermine democratic principles and individual rights.
103
What is the significance of maintaining checks on Parliament's power?
To protect fundamental rights and ensure legislation aligns with democratic values.
104
How do soft laws and guidelines influence parliamentary action?
They encourage Parliament to consider constitutional values and rights, even if they lack binding authority.
105
What impact does political pressure from court declarations have on Parliament?
It compels Parliament to review and possibly amend legislation inconsistent with constitutional principles.
106
What does the lack of a constitutional right to bear arms imply for legislation?
It reinforces Parliament's authority to regulate public safety without constitutional constraints.
107
What common principle is illustrated by the Kiwi Party case?
Parliamentary sovereignty is fundamental, limiting the effectiveness of judicial challenges based on higher principles.
108
Why might the courts not always act in favor of the public in legislative challenges?
Because parliamentary supremacy is entrenched in New Zealand law, courts often refrain from striking down Acts based on moral grounds.
109
What potential consequences arise from a lack of substantive constraints on Parliament?
It risks allowing Parliament to enact laws that could infringe upon or disregard democratic principles and individual freedoms.
110
What are some key principles that should inform parliamentary law-making?
The rule of law, natural justice, and respect for individual rights.
111
How does the concept of "rich white men" in the judiciary raise concerns?
It highlights the need for greater representation and diversity to ensure fair and equitable justice.
112
Why is balancing parliamentary and judicial power essential?
To ensure both branches function effectively while respecting democratic values and protecting individual rights.
113
What is the principle of separation of powers?
It requires that each governing branch refrains from interfering in the business of the others, allowing each to perform its constitutional role independently
114
How distinct is the separation of judicial powers compared to the executive and legislative branches?
Judicial powers are more distinct because members of the executive must also be members of the legislative house.
115
What is the purpose of judicial independence and parliamentary privilege?
They prevent any one branch of government from assuming absolute power over the others.
116
Define the principle of comity.
It recognizes the separation between the legislative and judicial branches, requiring mutual respect and restraint in their respective spheres.
117
How is the principle of comity expressed in law?
It is codified in the Parliamentary Privileges Act, outlining the mutual respect required between legislative and judicial branches.
118
What do Standing Orders 115 and 116 restrict?
They prohibit members of the House from discussing ongoing judicial matters to avoid influencing court decisions.
119
Who adjudicates adherence to the rules of the House?
The Speaker of the House enforces the rules and can permit discussion on judicial matters if it's in the public interest.
120
What does Standing Order 117 address?
It controls how members of the House refer to the judiciary, maintaining mutual respect between the two branches.
121
What is meant by "judicial independence"?
Courts avoid involvement in parliamentary matters, recognizing the separate functions of each branch of government.
122
Provide an example of judicial independence in practice.
In **Pickin v British Railway Board**, the court declined to rule on matters relating to the legislative process.
123
What is the basis for parliamentary privilege?
It stems from the Parliamentary Privileges Act 2014 and the Bill of Rights 1688.
124
What does Article 9 of the Bill of Rights 1688 establish?
It guarantees that freedom of speech and debates in Parliament cannot be questioned in any court or outside Parliament.
125
What are the three key parliamentary privileges?
1. Exclusive cognizance or jurisdiction privilege
2. Free speech privilege
3. Power to punish contempt
126
Explain exclusive cognizance privilege.
It grants the House authority over its affairs, free from external interference or examination, preventing courts from intervening.
127
What is free speech privilege in Parliament?
It protects members from legal liability for statements made during House proceedings, ensuring independence from external control.
128
What is "contempt of Parliament"?
Actions that impede the House's ability to function effectively, subject to internal discipline and punishment.
129
How does the Privileges Committee operate?
It investigates issues related to parliamentary privilege and recommends appropriate punishments for contempt.
130
What was the outcome of **Kiwi Party Incorporated v Attorney-General (2020)**?
The court struck out the claims challenging the Select Committee's processes, citing parliamentary privilege.
131
What does Section 11 of the Parliamentary Privileges Act entail?
It prohibits courts from using parliamentary proceedings as grounds for claims, upholding parliamentary supremacy
132
How does Stuart Nash's case illustrate the importance of separation of powers?
His public criticism of a judge's decision and involvement in police appeal processes breached the independence expected between branches of government.
133
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