Sovereignty essay

Question 1

What should be in the introduction?

Answer 1

Three types of ways to acquire sovereignty; conquest, cession & discovery
The legal affects of acquiring sovereignty; NZ and England would have different legal systems

Question 2

What should be discussed in Paragraph One

Answer 2

Normans (French) gained Sovereignty over England from the Anglo Saxons; (conquest)
- 3 contenders for the throne following William the confessors death; Harold Sigmanson, Harold Goodwinson, William of Normandy
- Battle of Standford Bridge (Harold v Harold)
- Battle of Hastings (Harold v William)
- Norman Conquest 1066;
William the conqueror,

Question 3

How did William the Conqueror maintain sovereignty & modernise the legal system

Answer 3

• Retained Englands legal system
• Developed rule of law
• Doomsday Book; first instance of written law
• trial by battle - divine intervention
• Made a more centralised government through the feudal system (imperium & dominium)
• Legal language changed (latin for written legal language and French for spoken language)

Question 4

What should be discussed in Paragraph two

Answer 4

Sovereignty over NZ; 1840, Britain claims through (cession)
- Letters patent 1840 made NZ the jurisdiction of NSW
- Britain issued orders to include NZ as sovereign as far as possible
- Governor Gipps ordered proclamations to have jurisdiction over NZ from NSW
- Treaty of Waitangi 6th of February 1840
- William Hobson made proclamations that NZ was under British Sovereignty
- Ratification in the London Gazette

Question 5

Conquest cession or discovery?

Answer 5

Conquest;
- Flagstaff wars, Land confiscation and Te Reo Maori was banned
Cession; (Britain claims they acquired sovereignty through cession)
- Treaty of Waitangi
Discovery;
- South Island was considered terra nullius
- “less civilised” racist remark
- No one knows how sovereignty was acquired

Question 6

Advantages and Disadvantages to claiming sovereignty

Answer 6

• England and NZ has the “rule of law”
• Doomsday book - created legal records
• English Laws Application Act
• Language is English for both countries
• protection of the crown extended to both countries

Question 7

What to say in the conclusion

Answer 7

• if soverignty didn’t occur we would have a very different society and our legal system may be different
• England was acquired through Cession
• Britain claims they acquired sovereignty through cession and discovery but you need to decide with a reasoned answer