The constitution Flashcards
What is statute law?
Statute law is law passed by the government. (Acts, Bills, Legislation). Courts cannot change statute law.
What is legislative independence?
The authority for the sole branch of Government, Parliament, to make law.
What are the three branches of Government?
Cabinet, Parliament, and the Courts (Judicary).
How do the three branches of Government function together?
How it goes is as follows, the legislative branch creates the laws. The executive then executes the laws. And any dispute with the law is undertaken by the courts branch.
Who makes up cabinet?
Ministers make up the executive branch. Example, Minister of Finance, Minister of Foreign Affairs, the Prime Minister.
What is the executives job?
Their job is to execute the laws passed by Parliament
Who makes up Parliament?
The parliament branch is made up of Mp’s and Politicans who are elected by respective electorates.
Who makes up the courts?
Judges, Supreme Court Judges, Any judge that sits in a court, really.
Why does New Zealand seperate the branches of government?
So not too much power is focused on one branch of Government, or person.
What is the point of the doctrine of the seperation of powers?
The seperation of powers exists so each branch of Government can keep one another in accountable through a system of “Checks and Balances” that can be placed on one another. This also prevents corruption.
What are changes to laws called?
Amendmants
Name every part of the New Zealand constitution?
The Electoral Act. The Judicature Act The Treaty of Waitangi The Bill of rights act Imperial Laws Standing Orders Letters Patent , A letter written from the sovereign Unwritten Conventions. Good form and bad Form Per se
Name key features of the doctrine of Parliamentary Soverignty
Parliament can pass unethical and immoral laws.
The doctrine of Parliamentary supremacy.
Parliament can make and unmake any law that it wants.
Courts cannot strike down a law that parliament has passed.
Why is one branch of Government not allowed to have absaloute power?
One branch that runs the government would create an autocracy with a single leader
Why was the seperation of powers introduced?
Three points.
The idea behind the separation of powers is people and power have a tendency to use that power to their own advantage.
Divide power up into separate branches to make sure that each branch controls each other to a certain extent.
Each branch acts as a buffer against abuse of power against another.
How does the executive follow the seperation of powers?
The exectutive should administer the law fairly.
How does the Judicary follow the seperation of powers?
The judiciary will interpret objective laws narrowly
Regarding Parliament, what does the seperation of powers allow them to do?
Parliament can override the common law
Parliamentary questions scrutinise the activities of the executive.
The courts cannot strike down an act of parliament.
They are allowed to pass a vote of no confidence with the current government if they do not believe they will do their job
How does the seperation of powers fail to work, regarding Parliament and the Executive?
The theory somewhat doesn’t work as members between the branches of government overlap. The members of parliament can also be part of the executive.
How can parliament provide a check on the executive when parliament is controlled by the executive.
Parliament controls the rules that they operate by and adjuciates them.
Can the executive make law?
The executive can make wide ranging regulations as delegated by parliament, however, they cannot make law.
How does the seperation of powers, and parliamentary supremacy fail to work regarding the Judicary?
The judicary has a role in law making through the common law, or “Judge Made Law”
Judges can also sometimes sit on the executive.
The executive also gives administrative assistance to the Judicary.
Therefore, they are not completely seperate.
