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Public Law > Parliament > Flashcards

Parliament Flashcards

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1
Q

What does public law do?

A

Arranges the relationships between an individuals and the state.

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2
Q

What does private law do?

A

Audits the relationships between individuals.

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3
Q

What is public law?

A

Public law is about when the state is allowed to kill you.

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4
Q

Because we are a small country, do we face the same problems as other, bigger nations?

A

Yes, despite our size we face the same issues.

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5
Q

What problems/issues do we face as countries?

A
  • How do we survive and thrive together?
  • We usually want different things how can we co-exist despite our disagreements?
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6
Q

How do we survive and thrive together?

A

We have rules that allow us to co-exist despite our disagreements. Everyone has to follow the common rules even if they don’t agree with them. These rules and the need to follow them underpins our state.

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7
Q

What measures can the state use to ensure people follow our common rules?

A

Can go up to and as far as killing someone.
i.e. Armed offenders squad are allowed to kill people

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8
Q

Where does public law come from?

A

History.

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9
Q

Do we always have good reasons for doing things other than history?

A

Nope.

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10
Q

How can public power help ordinary people? (example)

A

Public power can help people do things they are not ordinarily allowed to do.
i.e. On top of university fees payed by the individual, the government pits in far more money on top. We only pay about 75%. If the government did not do this, many people would not be able to study.

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11
Q

Which limits apply to public power?

A
  • The cabinet manual.
  • The consitution.
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12
Q

What does the constitution set out?

A

Who has public power, how they can use it, the restraints of this power, etc.

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13
Q

Examples of constitutional documents?

A
  • NZBORA
  • ToW
  • BOR
  • Magna Carta (some parts)
  • Electorial Act
    Key documents that underpin how our system of law works.
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14
Q

When was the Waitangi Tribunal established and where?

A

TOW Act – 1975.

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15
Q

Why was the Waitangi Tribunal established?

A

Established Waitangi tribunal to look at claims of breaches of the treaty.

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16
Q

What are the three proposals about the treaty by the current government?

A
  1. To make a legislative document defining the principles of the treaty.
  2. To take out treaty references in legislation so that the courts no longer have to apply the principles of the treaty
  3. Even if there needs to be some consultation, this should not amount to having separate authorities only acting for maori.
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17
Q

Equality

A

We all get the same, the same stuff, opportunities etc

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18
Q

Equity

A

We get what we need to get to the same place.

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19
Q

What can we do as the people if we disagree with the government?

A
  • Protest
  • Submissions
  • Etc.
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20
Q

Should we as a society prohibit people from wearing gang parafanalia in public?
What are the arguments?

A

In favour:
- Reduce public intimidation
- The gang patches are branding for the group
- They advertise the group
- If we take away the patches, we might make the gangs smaller or eradicate them

Against:
- Maybe it is a sticking plaster over a deeper problem, this would only fix the surface level issue
- If people join because they are on the margians may be drawn to it more because it is illegal
- Freedom of Expression.

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21
Q

What does the constitution set out?

A

It outlines the elements of public power
- Who has power
- What powers
- Who has certain positions and why
- What can people do with that position
- Why can they or cant they do certain things
- Extents of use of power

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22
Q

Which methods does the constitution use to outline public power?

A

Legal and political.

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23
Q

What was the Luxon house contravercy?

A

Facts:
- As a matter of law, the PM may get up to $52,000 if they don’t want to live in premier house.
- This is totally legal. Chris Luxon took the allowence as he did not want to live in premier house.
- The public thought it was hypocritical and hated it.
- His government is telling people that there is not a lot of money and we need to cut back. While he is legally acting in his actions, it is contradictory to his words.
Held:
- Public reaction matters. Political response to a public decision impacts how decisions are made. It holds those with public power accountable to the people they hold this power over.

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24
Q

What is Parliament?

A
  • The central foundational institution
  • The interface of the law and politics
  • It consists of the sovereign (represented by Governor General) and the House of Representatives
  • Make and amend legislation
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25
Q

Role of the sovereign?

A
  • Largely ceremonial
  • Where the role is legally significant, the role is carried out on the advice of the prime minister
  • A bill becomes law when the sovereign or the governor general assents to it and signs it in token of such interest – s16 constitution act
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26
Q

Who actually holds the GG’s power?

A

The Prime Minister - GG must act on their advice

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27
Q

When will the GG not follow the PM’s advice?

A

When the PM does not have majority support in the house.

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28
Q

What part of parliament really matters?

A

The House of Representatives - these are the people who have the power to decide what becomes law etc.

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29
Q

What does it mean that we have a unicameral system?

A

We only have one house (HoR). We used to have an upper house – we don’t bother any more.

30
Q

Who are MPs elected by?

A

The people.

31
Q

How many MPs are in parliament?

A

Approximately 120

32
Q

What does the house of representatives do?

A
  • Make laws
  • Vote on and discuss bills
33
Q

What do bills need to make it through the house?

A

These bills only pass if a majority of MPs support it at every stage of its progression.

If the bill gets majority support at each stage and is signed by GG it becomes an act of parliament

34
Q

Who makes up the government?

A

Ministers. All ministers must be MPs and thus parliament provides the government.

35
Q

Who legally makes MPs Ministers?

A

The GG.

36
Q

If the PM ever looses the support of the house, what must they do?

A

They must resign/quit.

37
Q

Who does the house of representatives represent?

A

Us, the people.

38
Q

Where does the PM get their power?

A

From having majority support in the house.

39
Q

How is the house responsible to us?

A
  • The house must consent to taxation
  • The money the government gets is from taxation
  • These ate treated as confidence voted
    -The house can also question the government on their spending
40
Q

The House further splits up into many committees, what are these committees called and what do they do?

A
  • These are called select committees.
  • These select committees can study an area more closely, hold enquiaries into areas within their scope etc.
41
Q

When ministers are questioned who must they report back to?

A

The House of representatives.

42
Q

Who makes up parliament?

A

The Sovereign and the House of Representatives.

43
Q

What are the two camps within the house of representatives?

A

The governing camp and the opposition camp.

44
Q

What camp do MPs aim to be part of?

A

The Governing camp.

45
Q

What is the role of the opposition?

A

The oppositions role is to find fault in the actions of the govt. They want to show bad things to hopefully discourage public support for the govt and increase the chances of being in the governing camp in the next election.

They point out the flaws and mistakes of the governing party. The leading parties work together to govern, the opposition do everything to seek to replace the governing team.

46
Q

What are confidence votes?

A

Certain votes throughout the year to establish the govts continuing right to govern.

47
Q

When are MPs asked to vote individually and not just as part of a team?

A

On conscience issues. These are issues of high moral value.
E.g.
- Abortion
- End of life choice
- Drinking age
- Drug reform

48
Q

How often does an individual vote occur?

A

This only happens once or twice a year.

49
Q

What must the governing MPs always do with respect to their camp?

A

The governing MPs role is to support their people no matter what. Even if a Nat minister thinks an Act minister is a dick, they will still stand up and publically support that MP. They want a united front to reduce the risk of being voted out of office.

50
Q

What incentivises the government to do the best job they can?

A

Political accountability.

51
Q

What is the iron rule of political contest?

A

The idea that the govt and opposition compete politically. It keeps the people running the country inline with what the widespread public wants. By trying to expose problems, the opposition is helping the govt to change and modify things to be good.

52
Q

How can the courts constrain the government?

A

They are the ones to interpret the law and say how it applies.

53
Q

How does our voting system work?

A

Mixed member proportion system (MMP)
- You get two votes (party + electorate)
- NZ split into 72 areas (electorates), 65 general and 7 māori
- Whoever wins the most vote in each electorate becomes the electorate MP
- The party vote determines the total share of representation that a party gets in the house
- Where a party gets more electorate seats than the percentage allocated in the party vote, there will be an overhang

54
Q

What is the representation threshold?

A

Parties only get a share of representation if they get over a representation threshold. In NZ you need either 5% of the party vote or an electorate MP.

55
Q

Can someone be both a list and electoral candidate?

A

Yes, you can be both an electoral candidate and on the labour list.

56
Q

How do the political measures impact the need for legal measures?

A

These political mechanisms limits the need for legal control over the government as politics can hold the members accountable.

57
Q

What is the sole function of parliament?

A

To make and amend laws

58
Q

What did the CoA mean by saying that the courts have their own sovereign, independent role?

A
  • The courts role does not depend on parliament having given it its role
  • Parliament gets to make the laws but it is the courts who say what the law is
59
Q

What type of Bills are there?

A
  1. Government bills
  2. Member bills
  3. Local bills
  4. Private bills
60
Q

What are government bills?

A

Bills put forward by the government.

61
Q

What are member bills?

A

Bills put forward by MPs.

62
Q

What are local bills?

A

Bills put forward by a local authority. When regional authority need something changed in their powers so they draft a local bill for parliament to pass.

63
Q

What are private bills?

A

Bills put forward by a corporation. Corporation need something changed so they can do something.

64
Q

Why are the opposition far less likely to have bills past?

A

Because they do not have majority support in the house.

65
Q

Who determines the steps that a bill needs to take to become law?

A

The HoR itself through the standing orders.

66
Q

Are the standing orders law?

A

No. These cannot be examined by the courts as there is no law for the courts to determine application of.

67
Q

Why do members abide by standing orders?

A
  • MPs tend to care about their position
  • ## Any failure to follow orders while making legislation, does not make the legislation invalid as these standing orders are not law themselves (Pickin v British Railway Board)
68
Q

What is the general rule for when the house can change any law? (%)

A

The house can change any law with a simple/bare majority. This is 50% + 1

69
Q

What do entrenched laws require to be changed?

A

75% of MP’s OR a simple majority of voters in a refferendum.

70
Q

Why are certain provisions entrenched?

A

These are things recognised as being crucial to our electoral system.

71
Q

What was Te Paparahi o Te Raki Inquiry?

A

Explored whether iwi, particularly northern iwi, had ceded sovereignty in signing te tiriti.
Found:
- No cession of sovereignty took place.

Public Law (12 decks)

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