Parliamentary Supremacy

Question 1

Introduction?

Answer 1

• Parliamentary supremacy is a central theme in NZ and Englands legal histories
• History shows an intense battle between the crown and parliament
• NZ, UK & Israel are the only countries to have parliament as its highest power; due to a lack of a written constitution.

Question 2

Englands parliamentary history

Answer 2

• First known parliament was called the witenagamot
• renamed curia regis after William the Conquers invasion 1066
• primarily parliament was made up of barons, nobles and religious leaders
• Henry the third amended this to allow lower class representatives to sit in
• De Monfort Parlement 1245; starting of democracy and voting and had complete control over the government
• parliament was dissolved
• Edward I reinstated a unicameral parliament - there was only one house for legislation to pass through (system we have today in NZ), modelled off the De Montfort parliament
• Edward III instated a bicameral parliament (House of Commons and House of Lords) - system used in England today
• from then onwards parliament gained permanance

Question 3

Petition of Rights in relation to parliamentary supremacy

Answer 3

• limits sovereigns power
• the petition of rights was originally issued by parliament to stop Charles I from taxing people without parliamentary consent - signed by Charles I 1629
• outlined abuses Charles I committed and asked him to rectify them (first instance of parliament having in a say of the reigning of England)
• Charles accepted the PoR in 1629 but then rescinded his initial agreement; dissolving parliament
• After the Civil war and Charles’ beheading parliament was reinstated, the monarchy was placed as a figurehead.
• This is when the “rule of law” originated.
  -NZ has adopted the PoR into its constitution

Question 4

Bill of Rights in relation to parliamentary supremacy

Answer 4

Created constitutional limitations on the rule of the monarchy after Charles II was made king and refused elections
- Charles II was was succeeded by brother James II
- However members of the monarchy offered the crown to William of Orange ( a protestant)
The Petition of Rights ruled that;
- Sovereigns cannot alter laws without parliamentary consent
- MP’s have freedom of speech

Question 5

Significance of the Petition of Rights and the Bill of Rights

Answer 5

• Por and BoR both limit the sovereigns power
  -Along with the Magna Carta they are all foundational documents of constitutional law in England

Question 6

Advantages and disadvantages to parliamentary supremacy as a result of an unwritten constitution

Answer 6

Advantages;
- flexibility; legislation can be amended to reflect policies that society deems important

Disadvantages;
- uncertainty; its not widely known what is included in our constitution, therefore, no way of knowing if something is constitutional.
ToW; has no legal status despite its incorporation in our constitution
- individual and collective rights are subject to parliamentary supremacy; this limits courts power.

Question 7

Conclusion

Answer 7

• Magna Carta, BoR,PoR and ToW have shaped NZ society
• Although unwritten, un-entrenched and not supreme, our constitution is working.