Section A: The Constitution of NZ Flashcards
Why do businesses need to understand the constitution?
In order to know what the government can/cannot do and what businesses can do to influence change
What is a constitution?
In a democracy, the state has duties to citizens and the states power is not unlimited. A constitution is a rule set governing powers of government institutions
Is NZ’s constitution written?
It is not officially written. It is ‘unwritten’ and found in multiple places: found in court decisions, statutes, conventions
What does the Constitutional Act (1986) do?
It lays down the framework defining fundamental political principles of governance and establishes powers of the:
- Executive
- Legislative
- Judiciary
Who is the executive?
The Cabinet
Who is the cabinet made up of?
The PM and Ministers of the Crown(MPs who are in the elected party)
Who is the Legislative?
Parliament
Who is the Judiciary?
The Courts
What does the Electoral Act (1993) do?
Provides rules on: Conduct of elections, voting age etc
What does the Parliamentary Sovereignty doctrine do?
This doctrine means that Parliament has plenary power, it can pass any law it likes
What are the basic constitutional Principles?
There are 5
- Equity before the law (Everyone is equal)
- Parliamentary Sovereignty
- Separation of Powers
- Judicial Independence and impartiality (Certain decisions must be made independently by the judges)
- Free and Fair Elections
What is a constitutional convention?
An informal procedural agreement that is followed by the institutions of the state (e.g. Caretaker convention, G.G giving royal assent, GOVT losing no confidence vote )
