parliament - restraints on p law making Flashcards
s15 conny act
affirms parliaments full power to make laws
AG v Taylor shows
shows the supremacy of the crown in parliament is a fundamental part of our constitution but all three branches are sovereign in their sphere of influence yet codependent
although parliament is supreme, what are some constraints of this
1 statutory ‘hard law’
2. soft law
3. political and moral
what sections come under statutory ‘hard law’ constraints and what acts are they from
and a case
s16 conny act
s268 electoral act
Ngaronoa v AG
what does s16 conny act entail
- bill must have royal assent before becoming legislation
- if gg refused bill would not become legislation
what is a fact regarding the royal assent
the gg has never rejected a royal assent but is is given as a form of conventionw
what does s268 electoral act entail
certain entrenched provisions require a super majority 75% to change
what is the ethical question regarding s268 electoral act
whether past parliament should be able to constrain that of parliament today as it become less democratic but protects the public from a tryannical rule
Ngaronoa v AG - hard law e.g.
facts
- Taylor challenging the process in which a bill was passed regarding voting to prisoners
ISSUE
Ngaronoa v AG - hard law e.g.
issue
that the decision was in breach of entrenched s268 of the electoral act regarding who can vote
HELD
Ngaronoa v AG - hard law e.g.
held
- entrenchment only referred to the voting AGE and doesn’t guarantee the right to vote generally
what is the key takeaway from Ngaronoa v AG - hard law e.g.
that a court may strike down legislation if it doesn’t comply with statutory constraint such as s268, although this is inconclusive
what are soft law constriction examples - cases included
- standing orders
- pickin v British railways board
- LDAC
- AG and NZBORA s7 reports
- kiwi party v Ag
what are soft law constriction examples - cases included
- standing orders
these are parliaments internal rules establish by the house and enforced by the speakers
standing orders are not …
enforceable and therefor non-justiciable
what does the idea that standing orders are not justifiable reflect
the principle of comity that parliament has its own sphere of authority that the judiciary shouldn’t interfere with
standing orders are non justiciable HOWEVER they are
politically binding and mps will abide by them by convention as they care about their role and are wary of their opponents ability to break or change standing orders down the line
what are soft law constriction examples - cases included
- pickin v British railways board
FACTS
pickin bought land next to a railway because an 1836 act stated t hat he’d get the railways land when it was decomissioned
the British railways board subsequently got a bill passed to abolish the act
what are soft law constriction examples - cases included
- pickin v British railways board
ISSSUE
pickin argued parl had acted unlawfully as they breached a standing order that that required them to put out a public notice of the law
what are soft law constriction examples - cases included
- pickin v British railways board
HELD
even if a standing order was breached they are not justiciable and there for cannot be embarked on by the courts,
COMITY IN ACTION
what are soft law constriction examples - cases included
- LDAC
sets guidelines to aid lawmakers policy formation to achieve consistency with fundamental legal and constitutional principles
LDAC
the legislation deigns and advisory committees guidelines do not..
have to be followed in order for a bill to pass through cabinet and reach the house as a GOVT bill however it is usually followed by convention
in regards to LDAC when minsters bring a bill to cabinet they have to
explain how they are havent complied with the guidlines
the LDAC guidelines are …
NON JUSTICIABLE
