Week 3: Law II and Transformation of land Flashcards
Constitution
- Supreme law of a country
- A superior law of a country which sets out the frame work and the principal functions of the organs of government and provides for basic protection of individual rights
Elements of constitution
- Structure of institutions of government
- Powers of the government
- Limits on those powers
- Relations between institutions of the government and relations between these institutions and the public
- Protection of individual rights
New Zealand constitution characteristics
- Unwritten
- Made up of several disparate elements
- Follows the Westminster model
- Flexible and incremental
- It is a product of history, but not constraint by it
- It has entrenched provisions
Sources of NZ constitution
- Rule of law
- Legislation (Imperial and NZ)
- Constitutional conventions
- Letters patent of the governor general
- Treaty of Waitangi
The three powers of government
- Legislature
- Executive
- Judiciary
Westiminster constitutional system powers
- The king
- The governor general
- Prime minister
- Cabinet
- Caucus
- Parliaments
- Judiciary
Sovereign powers in NZ
- The king of NZ - Charles III The crown
- Represented in NZ by the governor general
Governor general duties
- To call parliament
- To assent to bills passed by parliament
- To appoint the prime minister
- To chair the executive council
- Reserve powers
- To remove judges (on address of house of representatives)
- To personal discretion (must follow directions from ministers of the crown)
Executive components
- Cabinet ministers (real decision making body)
- Prime minister
- Executive branch (includes public service)
Cabinet ministers roles
- Proposal for new legislation
- Administration of government departments
- Ratification of international treaties
Prime minister roles
- Cabinet agenda
- Override other ministries
Executive branch roles
- Collects taxes
- Pays social welfare
Legislature/parliament components
- Unicameral - 1950 (single chamber)
- Sovereignty of the parliament
- Forum for party political contest
Legislature has the full power to make laws in NZ and to
- Raise tax money to pay for the business of the government
- Approve expenditure
- Pass statutes
- Act as a check on government
Parliament committees
- Subcommities of MPs
- All MPs assigned to a select committee
- Commities for all areas of interest e.g commerce, education, health, foreign affairs, primary production, social services
- Forum to discuss proposed legislation
- Hear expert advice and public submissions
- Report back to parliament
Caucus
Weekly meetings of all MPs of each party to discuss policy, political tactics/strategy and usually secret with no records kept.
Judiciary provides
Authoritative interpretations of the law
Judges appointed by rather secret process and can’t be removed by
Government
Judges make fair, impartially administrated justice and are separated from
Politics
Constitutional doctrines
- Sovereignty of parliament
- Separation of powers
- Rule of law
How do the three powers of government create separation of powers
The three branches operate independently from one another, to prevent abuses of power as each branch acts as a check on the others
Sovereignty of parliament
- Parliament supreme law-making body
- Statutes are the highest form of law
- Parliament cannot bind its successors (entrenchment)
- Statute overides common law
Rule of law is
The basis of a peaceful and equitable society
Rule of law means that
- No one is above the law (including public officials - everyone is equal)
- Also implies transparency of law, protection against abuse of power, independent judiciary and access to legal remedy
- Courts are open to all, the legal process is conducted in public and parliament and courts follow a set known procedure
Anthrome
Anthropogenic biomes
A landscape can be classed as an anthrome if it contains
- Cultural landscapes
- Ecologocal patterns shaped by direct human interactions with ecosystems
- Concept developed by environmental geographers
Anthromes are spectrum of
Land use intensity
Wildlands
Uninhabited with no intensive land use
Cultured
Sparsely inhabited woodlands and drylands with minor use for permanent agriculture (< 20% intensive)
Rangelands
Pasture and grazing make up > 20% of land cover in these residential to remote areas
Villages
Densely populated agricultural areas with varying types of agriculture
Dense settlements
Densely populated non-agricultural areas, diverse infrastructures, urban and mixed
People have shaped most of terrestrial nature for at least
12,000 years (“natural history is human history”)
Overtime, cultural land scapes have
Gradual and abrupt changes
Cultural landscapes have changed at different rates, being majorly influenced by
Technology, novelty and trade
