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AA PUB 204 > parliament > Flashcards

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.

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2
Q

What constitutes Parliament in New Zealand?

A

Parliament includes the Governor-General (Sovereign Representative) and the House of Representatives.

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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.

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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

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5
Q

What is the key function of Parliament?

A

To make laws, although the executive branch does much of the legislative work.

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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.

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7
Q

What must the governing party maintain to stay in power?

A

The confidence of the House of Representatives.

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8
Q

Describe the legislative process in Parliament.

A

It involves multiple readings of a bill to create a new Act of Law.

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9
Q

What are Standing Orders?

A

Internal rules made by the House of Representatives to follow in creating laws.

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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).

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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).

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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

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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.

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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.

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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.

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16
Q

What are the three key constitutional conventions related to the Sovereign?

A
  1. The Sovereign must always have advisors (Ministers).
  2. Advisors must have the support of the majority of the House (confidence).
  3. The Sovereign follows the advice of the advisors.
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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.

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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.

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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.

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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.

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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.

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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.

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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.

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24
Q

What drives everything that takes place in Parliament?

A

Competition between political parties.

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25
Q

What is the Iron Rule of Political Contest?

A
  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.
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26
Q

How is politics structured in the New Zealand constitution?

A

Politics is embedded in how the House of Representatives (HOR) operates, fueling its functions.

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27
Q

What are the two blocks in the House of Representatives?

A

The Governing block and the Opposition block.

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28
Q

What was a significant outcome of the 2020 election due to COVID-19?

A

Labour won a majority on their own, a rare occurrence without needing coalitions.

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29
Q

Why does the governing block work to please the public?

A

to stay in Government and ensure their laws and policies are implemented.

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30
Q

What motivates the opposition block?

A

The desire to become the Government and win votes.

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31
Q

How do MPs in the governing block typically respond during scrutiny?

A

They defend their team, regardless of leadership imperfections, to maintain power

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32
Q

How do different parties compete in Parliament?

A

They seek public approval, creating a dynamic that keeps the political system functioning.

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33
Q

What is necessary to avoid criticism as a governing party?

A

Implementing good policies that are effectively applied and achieve positive outcomes.

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34
Q

What does a change of government typically indicate?

A

It indicates that the government has lost rather than the opposition has won.

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35
Q
  • What types of accountability are important in New Zealand’s government?
A

Legal forms of accountability and political accountability enforced by elections

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36
Q

What is the role of politics in shaping how politicians act?

A

Politics influences behavior and can reduce the necessity for a higher level of constitutional law.

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37
Q

What does MMP stand for?

A

Mixed Member Proportional.

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38
Q

What are the two types of votes in the MMP system?

A

The electorate vote and the party vote.

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39
Q

Why is the party vote considered more important under MMP?

A

It determines the overall share of seats a party gets in the House of Representatives based on their share of the party vote.

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40
Q

What is the electorate vote?

A

The vote for a candidate in a specific province, with the candidate receiving the most votes being elected to the HOR (72 seats).

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41
Q

What is an “overhang” in the MMP system?

A

When a party retains more electorate seats than their overall share of party votes would normally allow, resulting in more than 120 MPs.

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42
Q

What is the representation threshold under MMP?

A

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.

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43
Q

What happens to votes from parties that do not meet the representation threshold?

A

Those votes are thrown out and do not count towards representation.

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44
Q

What is demonstrated by the Attorney-General v Taylor case?

A

It illustrates why and how Parliament is sovereign in law-making.

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45
Q

What did the Court of Appeal establish in the Attorney-General v Taylor case regarding prisoners’ rights?

A

A restriction on prisoners’ rights to vote is inconsistent with the New Zealand Bill of Rights Act (NZBORA).

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46
Q

How does Parliament’s sovereignty relate to the Conservation Act?

A

Parliament does not derive its sovereign power from the Conservation Act; its power stems from conventions.

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47
Q

What is the significance of separation of powers in the context of the Attorney-General v Taylor case?

A

Courts have a sovereign function independent from Parliament, recognizing Parliamentary sovereignty while maintaining their own authority.

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48
Q

What is the legislative process?

A

The procedure through which new Acts of Law are created.

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49
Q

How does the political reality affect the legislative process in New Zealand?

A

The executive branch plays a major role in law-making, proposing most bills to the legislative body.

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50
Q

What are Government Bills?

A

Bills proposed to the House by Government ministers, which are typically supported by the majority party.

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51
Q

What role do public servants play in the legislative process?

A

they advise ministers on existing laws and suggest changes if issues arise.

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52
Q

What is the role of select committees in the legislative process?

A

Select committees scrutinize bills to ensure they align with Parliament’s purpose, allowing for constructive input from all parties.

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53
Q

What is a referendum, and what authority does the Government have regarding it?

A

A referendum allows public input on significant issues, but the Government can disregard its outcome.

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54
Q

What are standing orders?

A

Internal rules created by the House of Representatives for its own procedures, not subject to court oversight.

55
Q

Why do members of Parliament follow standing orders?

A

They care about the constitution and want to ensure their rules promote good governance.

56
Q

What is the significance of Pickin v British Railway Boards?

A

It established that legislative process issues are for Parliament to resolve, not the courts, emphasizing Parliamentary supremacy

57
Q

What two statutory requirements are relevant to the passing of legislation?

A
  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
Q

What does the term “entrenched legislation” refer to?

A

Legislation that has special procedures for amendment or repeal, often requiring higher thresholds for changes.

59
Q

What are the constraints on the legislative process within the executive branch?

A

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
Q

What are “soft laws” in the context of the legislative process?

A

Soft laws are guidelines and principles intended to promote quality legislation but lack binding legal authority.

61
Q

What is the role of the Legislative Design and Advisory Committee (LDAC)?

A

LDAC promotes quality legislation by creating soft law guidelines and consists of experts in law, economics, policy, and academia.

62
Q

How do soft laws apply internally to the executive branch?

A

Cabinet values and expects compliance with these guidelines to ensure quality legislation before it is presented to Parliament.

63
Q

What are some fundamental constitutional principles outlined in the LDAC guidelines?

A

Rule of Law, Parliamentary Supremacy, Separation of Powers, Treaty of Waitangi, Natural Justice, and Access to Courts.

64
Q

Why must legislation fit within the wider constitutional principles and values?

A

Legislation should be consistent with constitutional principles to function effectively within the overall legal system.

65
Q

What principles guide the treatment of Māori interests in legislation?

A

Consistency with the Treaty of Waitangi, protection of Māori interests, and consultation with Māori communities.

66
Q

What is the significance of the NZBORA Section 7?

A

It requires the Attorney-General to report to Parliament if a bill appears inconsistent with the Bill of Rights.

67
Q

What is the dual role of the Attorney-General (AG)?

A

The AG serves as both a senior law officer ensuring compliance with the rule of law and as a member of Parliament.

68
Q

What happens if a bill is found inconsistent with the NZBORA?

A

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
Q

How does Parliamentary Supremacy affect the legislative process?

A

It allows Parliament to enact any law it wishes, even if it conflicts with established rights or principles.

70
Q

How does the AG’s dual role affect legislative scrutiny?

A

The AG can prewarn the cabinet about potential issues while still supporting the bill in Parliament.

71
Q

What is the significance of having no legal controls governing the executive’s legislative process?

A

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
Q

What is the role of the Attorney-General (AG) in the legislative process?

A

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
Q

What is meant by “Parliamentary Supremacy”?

A

Parliamentary Supremacy means that Parliament can enact any law it wishes, even if it conflicts with established rights or principles

74
Q

How does the AG’s dual role affect legislative scrutiny?

A

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
Q

What is the importance of the “demonstrably justified” standard in Section 5 of the NZBORA?

A

It sets a high threshold for any limitations on rights, requiring that restrictions can be proven necessary and reasonable in a democratic society.

76
Q

What are some examples of fundamental constitutional principles listed in the LDAC guidelines?

A

Examples include representative democracy, separation of powers, natural justice, access to courts, and the presumption against retrospectivity.

77
Q

How do guidelines impact the legislative process despite being non-binding?

A

Guidelines serve as a framework for legislative design, encouraging quality legislation and prompting consideration of broader constitutional values

78
Q

What is a potential issue with disregarding the LDAC guidelines when proposing legislation?

A

Ignoring these guidelines can undermine the constitutional arrangements that support effective governance and public trust in the legislative process.

79
Q

What role do consultation and consistency with Treaty settlements play in the legislative process?

A

They ensure that proposed laws respect Māori rights and interests, fostering a collaborative relationship between the Crown and Māori.

80
Q

How often do Section 7 notices appear in practice, and what is their political significance?

A

Approximately three Section 7 notices are issued annually, but many bills are passed despite them due to political considerations often outweighing rights concerns.

81
Q

What is a key concern regarding political motivations in legislative decisions?

A

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
Q

How does the government lawyers’ Section 5 analysis influence proposed legislation?

A

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
Q

Why is it crucial for proposed legislation to align with New Zealand’s constitutional principles?

A

Ensuring alignment fosters public confidence in the legislative process and maintains the integrity of the constitutional framework.

84
Q

What kind of expertise does the LDAC consist of?

A

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
Q

What is an example of legislation that poses a conflict with constitutional principles?

A

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
Q

What is the main focus of the New Zealand constitution?

A

It determines who makes the rules and limits the power of those making the rules to protect the people.

87
Q

What does Section 15 of the Constitution Act establish?

A

It grants Parliament full power to make laws.

88
Q

How are Acts of Parliament viewed in the context of New Zealand law?

A

Acts of Parliament are the highest form of law, binding all other branches.

89
Q

What limits the interpretative power of courts regarding Acts of Parliament?

A

Courts can apply and interpret Acts, but they are constrained by the Interpretation Act 2019 and cannot declare Acts invalid.

90
Q

What are the explicit limits on what Parliament can legislate?

A

While Parliament has full law-making power, there are guiding frameworks like LDAC and Section 7 notices under NZBORA.

91
Q

What role does the Legislative Design and Advisory Committee (LDAC) serve?

A

LDAC provides guidance to Parliament on legislative design but cannot enforce compliance.

92
Q

How does the NZ Bill of Rights Act (NZBORA) affect parliamentary power?

A

While Parliament can pass any law, it is encouraged to consider the rights protected under NZBORA.

93
Q

What is the difference between “Moral Status” and “Legal Status” regarding parliamentary power?

A

Moral Status pertains to social consequences of enacting unjust laws, while Legal Status involves political accountability through elections.

94
Q

Why do most countries have entrenched constitutions?

A

They contain guaranteed rights and allow courts to review legislation for consistency with higher law.

95
Q

What does Section 4 of the NZBORA stipulate?

A

Courts cannot use NZBORA to invalidate legislation; they can only issue declarations of inconsistency.

96
Q

What does a declaration of inconsistency entail?

A

It expresses that legislation is inconsistent with NZBORA, putting political pressure on Parliament to reconsider the law.

97
Q

What theory did Justice Cook propose about common law rights?

A

He suggested there are fundamental common law rights that even Parliament cannot override, and attempts to do so would render those laws invalid.

98
Q

What was the outcome of Kiwi Party Incorporated v Attorney-General (2020)?

A

The Court of Appeal struck out the case, affirming that Parliament can legislate on firearm ownership without a constitutional right to bear arms.

99
Q

What does the Kiwi Party case illustrate about parliamentary sovereignty?

A

It demonstrates that attempts to challenge Acts of Parliament based on moral or constitutional grounds are unlikely to succeed.

100
Q

What would occur if courts had the power to strike down laws?

A

It would transition from parliamentary sovereignty to judicial supremacy, fundamentally altering the constitutional framework.

101
Q

Why is diversity important in the judiciary?

A

The current makeup of judges may lack representation, affecting the legitimacy and democratic accountability of judicial decisions.

102
Q

What could happen if Parliament’s power is unchecked?

A

It could lead to the enactment of laws that undermine democratic principles and individual rights.

103
Q

What is the significance of maintaining checks on Parliament’s power?

A

To protect fundamental rights and ensure legislation aligns with democratic values.

104
Q

How do soft laws and guidelines influence parliamentary action?

A

They encourage Parliament to consider constitutional values and rights, even if they lack binding authority.

105
Q

What impact does political pressure from court declarations have on Parliament?

A

It compels Parliament to review and possibly amend legislation inconsistent with constitutional principles.

106
Q

What does the lack of a constitutional right to bear arms imply for legislation?

A

It reinforces Parliament’s authority to regulate public safety without constitutional constraints.

107
Q

What common principle is illustrated by the Kiwi Party case?

A

Parliamentary sovereignty is fundamental, limiting the effectiveness of judicial challenges based on higher principles.

108
Q

Why might the courts not always act in favor of the public in legislative challenges?

A

Because parliamentary supremacy is entrenched in New Zealand law, courts often refrain from striking down Acts based on moral grounds.

109
Q

What potential consequences arise from a lack of substantive constraints on Parliament?

A

It risks allowing Parliament to enact laws that could infringe upon or disregard democratic principles and individual freedoms.

110
Q

What are some key principles that should inform parliamentary law-making?

A

The rule of law, natural justice, and respect for individual rights.

111
Q

How does the concept of “rich white men” in the judiciary raise concerns?

A

It highlights the need for greater representation and diversity to ensure fair and equitable justice.

112
Q

Why is balancing parliamentary and judicial power essential?

A

To ensure both branches function effectively while respecting democratic values and protecting individual rights.

113
Q

What is the principle of separation of powers?

A

It requires that each governing branch refrains from interfering in the business of the others, allowing each to perform its constitutional role independently

114
Q

How distinct is the separation of judicial powers compared to the executive and legislative branches?

A

Judicial powers are more distinct because members of the executive must also be members of the legislative house.

115
Q

What is the purpose of judicial independence and parliamentary privilege?

A

They prevent any one branch of government from assuming absolute power over the others.

116
Q

Define the principle of comity.

A

It recognizes the separation between the legislative and judicial branches, requiring mutual respect and restraint in their respective spheres.

117
Q

How is the principle of comity expressed in law?

A

It is codified in the Parliamentary Privileges Act, outlining the mutual respect required between legislative and judicial branches.

118
Q

What do Standing Orders 115 and 116 restrict?

A

They prohibit members of the House from discussing ongoing judicial matters to avoid influencing court decisions.

119
Q

Who adjudicates adherence to the rules of the House?

A

The Speaker of the House enforces the rules and can permit discussion on judicial matters if it’s in the public interest.

120
Q

What does Standing Order 117 address?

A

It controls how members of the House refer to the judiciary, maintaining mutual respect between the two branches.

121
Q

What is meant by “judicial independence”?

A

Courts avoid involvement in parliamentary matters, recognizing the separate functions of each branch of government.

122
Q

Provide an example of judicial independence in practice.

A

In Pickin v British Railway Board, the court declined to rule on matters relating to the legislative process.

123
Q

What is the basis for parliamentary privilege?

A

It stems from the Parliamentary Privileges Act 2014 and the Bill of Rights 1688.

124
Q

What does Article 9 of the Bill of Rights 1688 establish?

A

It guarantees that freedom of speech and debates in Parliament cannot be questioned in any court or outside Parliament.

125
Q

What are the three key parliamentary privileges?

A
  1. Exclusive cognizance or jurisdiction privilege
  2. Free speech privilege
  3. Power to punish contempt
126
Q

Explain exclusive cognizance privilege.

A

It grants the House authority over its affairs, free from external interference or examination, preventing courts from intervening.

127
Q

What is free speech privilege in Parliament?

A

It protects members from legal liability for statements made during House proceedings, ensuring independence from external control.

128
Q

What is “contempt of Parliament”?

A

Actions that impede the House’s ability to function effectively, subject to internal discipline and punishment.

129
Q

How does the Privileges Committee operate?

A

It investigates issues related to parliamentary privilege and recommends appropriate punishments for contempt.

130
Q

What was the outcome of Kiwi Party Incorporated v Attorney-General (2020)?

A

The court struck out the claims challenging the Select Committee’s processes, citing parliamentary privilege.

131
Q

What does Section 11 of the Parliamentary Privileges Act entail?

A

It prohibits courts from using parliamentary proceedings as grounds for claims, upholding parliamentary supremacy

132
Q

How does Stuart Nash’s case illustrate the importance of separation of powers?

A

His public criticism of a judge’s decision and involvement in police appeal processes breached the independence expected between branches of government.

133
Q
A
134
Q
A

AA PUB 204 (47 decks)

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