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AA PUB 204 > parliament - restraints on p law making > Flashcards

parliament - restraints on p law making Flashcards

1
Q

s15 conny act

A

affirms parliaments full power to make laws

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2
Q

AG v Taylor shows

A

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

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3
Q

although parliament is supreme, what are some constraints of this

A

1 statutory ‘hard law’
2. soft law
3. political and moral

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4
Q

what sections come under statutory ‘hard law’ constraints and what acts are they from

and a case

A

s16 conny act
s268 electoral act
Ngaronoa v AG

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5
Q

what does s16 conny act entail

A
  • bill must have royal assent before becoming legislation
  • if gg refused bill would not become legislation
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6
Q

what is a fact regarding the royal assent

A

the gg has never rejected a royal assent but is is given as a form of conventionw

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7
Q

what does s268 electoral act entail

A

certain entrenched provisions require a super majority 75% to change

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8
Q

what is the ethical question regarding s268 electoral act

A

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

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9
Q

Ngaronoa v AG - hard law e.g.

facts

A
  • Taylor challenging the process in which a bill was passed regarding voting to prisoners
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10
Q

ISSUE

Ngaronoa v AG - hard law e.g.

issue

A

that the decision was in breach of entrenched s268 of the electoral act regarding who can vote

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11
Q

HELD

Ngaronoa v AG - hard law e.g.

held

A
  • entrenchment only referred to the voting AGE and doesn’t guarantee the right to vote generally
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12
Q

what is the key takeaway from Ngaronoa v AG - hard law e.g.

A

that a court may strike down legislation if it doesn’t comply with statutory constraint such as s268, although this is inconclusive

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13
Q

what are soft law constriction examples - cases included

A
  1. standing orders
  2. pickin v British railways board
  3. LDAC
  4. AG and NZBORA s7 reports
  5. kiwi party v Ag
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14
Q

what are soft law constriction examples - cases included

  1. standing orders
A

these are parliaments internal rules establish by the house and enforced by the speakers

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15
Q

standing orders are not …

A

enforceable and therefor non-justiciable

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16
Q

what does the idea that standing orders are not justifiable reflect

A

the principle of comity that parliament has its own sphere of authority that the judiciary shouldn’t interfere with

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17
Q

standing orders are non justiciable HOWEVER they are

A

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

18
Q

what are soft law constriction examples - cases included

  1. pickin v British railways board

FACTS

A

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

19
Q

what are soft law constriction examples - cases included

  1. pickin v British railways board

ISSSUE

A

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

20
Q

what are soft law constriction examples - cases included

  1. pickin v British railways board

HELD

A

even if a standing order was breached they are not justiciable and there for cannot be embarked on by the courts,

COMITY IN ACTION

21
Q

what are soft law constriction examples - cases included

  1. LDAC
A

sets guidelines to aid lawmakers policy formation to achieve consistency with fundamental legal and constitutional principles

22
Q

LDAC

the legislation deigns and advisory committees guidelines do not..

A

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

23
Q

in regards to LDAC when minsters bring a bill to cabinet they have to

A

explain how they are havent complied with the guidlines

24
Q

the LDAC guidelines are …

A

NON JUSTICIABLE

25
Q

THE LDAC considers things like

A

constitutional principles, rights, international issues, secondary legislation, compliance and enforcement and appeal and review

26
Q

what are soft law constriction examples - cases included
4. AG and NZBORA s7 reports

according to s7 nzbora

A

the AG shall bring to the attention of the HOR any provision sin the bill that appears to be inconsistent wIth any of the rights and freedoms contained in the NZBORA

IS IT DEMONSTABLY JSUTIFEID

27
Q

S7 NOTICE serves as a

A

red flag that draws the attention of parliament and the public to the right breach

28
Q

s7 reports however important, do not

and example on case

A

prevent a bill from being passed for example the prisoner voting amendment bill was unjust limit per s5 on right s12

taylor - nzbora on voting but didnt stop bill from passing

29
Q

the AG is

A

the senior legal officer of the crown who is an MP for the governing coalition

wear both political and non political hat e.g. ag voted for the prisoners not voting act

30
Q

political and moral constraints of soft law

A

despite p having so much power they won’t used it in bad ways as they want to b re-elected and they are good people wanting to see good results

31
Q

common law restraint issue

A

that due to the lack of diversity and the large amount of rich white males the courts shouldn’t be able to override the wishes of an elected majority

32
Q

supreme law limits discussion

A

NZBORA isn’t entrenched, so could be reapplied this evening by urgency

this is CONCERNING

33
Q

what are soft law constriction examples - cases included

kiwi party v ag

FACTS

A

KP was challenging gun legislation amendment act that was passed following the chch shooting

34
Q

what are soft law constriction examples - cases included

kiwi party v ag

ISSUE

A

Kp wanted legislation to be invalid based on the right to bare arms

35
Q

what are soft law constriction examples - cases included

kiwi party v ag

HELD

A
  • the right isn’t present in any act or TWO so it does not exist
36
Q

what does urgnecy do

A

speeds up the process of bill making, still follows the same process

37
Q

doe

does there need to be juditification for ungency

A

no they just need to say WHy they are and this usually just satisfys

38
Q

a reason for not ammending or adapting the standing orders when a party is in power

A

is beacsue one day they will not be in power and the same thing can be done to them

39
Q

s

s7 notice encourages

A

a debate on BORA inconsistency and disincentivises introducing rights inconsistent bills

40
Q
A

AA PUB 204 (47 decks)

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