week one

Question 1

public law is?

Answer 1

the interaction between the individual and state

Question 2

eating, using water, buying things in a store and going to a university lecture are all evidence of a?

Answer 2

complex regulatory structure that allows us to live our lives - public law

Question 3

what did Emile Durkeim say about public law

Answer 3

All law is public law

Question 4

what are the two parts of public law and which is inside the other

Answer 4

administrative law within constitutional law

Question 5

what is constitutional law

Answer 5

the underpinning foundations of the legal system

Question 6

what is administrative law

Answer 6

the relationship between individuals and the executive

Question 7

does law have an international language like science

Answer 7

no

Question 8

why does law not have an international conception

Answer 8

because law is a discipline, and evolves with the development of nations

Question 9

what are the opposing arguments as to what law is

Answer 9

formalism (Hart) vs functionalism (llewellyn)

Question 10

what is the basics of harts idea of law

Answer 10

certain rules are law because of the process they went to

Question 11

what are the parts of the pyramids of what hart thinks make a law

Answer 11

rule of recognition, primary rules, secondary rules

Question 12

what is the rule of recognition

Answer 12

the basis of the rules forming a legal system

Question 13

what are primary rules

Answer 13

rules which structure the system underneath the rule of recognition eg. rules of parliament or the court

Question 14

what are secondary rules

Answer 14

rules which apply to individuals, companies and groups

Question 15

under harts model, which things dont count as law

Answer 15

customary practice

ethics

morals

international law

tikanga

conventions

treaties

obiter

cultural practice

ombudsmen decisions

Question 16

what is the basis of llewellyns idea of what the law is

Answer 16

law is rules that society needs to function without collapse

Question 17

what are llewellyns 4 law jobs

Answer 17

1. resolve disputes
2. chanelling expectations
3. net drive
4. allocation of authority

Question 18

with llewellyns model, a law is a law if?

Answer 18

it does one of the 4 law jobs

Question 19

what definition of the constitution do most countries use

Answer 19

formalist

Question 20

when and where did the american states meet because the articles of confederation weren’t working

Answer 20

philadelphia, may 14

Question 21

what happened at the meeting of the american states in philly may 14

Answer 21

two states arrived first because of bad weather and they decided what they wanted to do before everyone else arrived - a new federation based upon a fundamentally new concept

Question 22

the US meeting created a new model of government based on?

Answer 22

a set of rules on a piece of paper - this was revolutionary

Question 23

what started the french revolution

Answer 23

the french state funded the american rebels because they hated the british and this caused them to go bankrupt

Question 24

the french constitution has ___ at the core rather than source of power like the american one was

Answer 24

rights

Question 25

today, is a written constitution popular

Answer 25

yes, a overwhelmingly global norm

Question 26

which countries dont have written constitutions

Answer 26

uk, nz, israel

Question 27

does a written constitution have to be one document

Answer 27

no, it can be multiple that fit together at the core

Question 28

what are the pillars of the nz constitution

Answer 28

the treaty of waitangi, the rule of law, parliamentary sovereignty

Question 29

what do the pillars of the nz constitution uphold

Answer 29

the constitutional framework

Question 30

what did sir robin cooke say about the treaty of waitangi

Answer 30

“Simply the most important document in New Zealand’s history”

Question 31

what is parliamentary sovereignty

Answer 31

parliament can do everything

Question 32

what is the rule of law

Answer 32

all government must be subject to the law

Question 33

what are the inherent tensions of the new zealand constitution

Answer 33

role of the treaty, extent of parliamentary sovereignty, is parliamentary sovereignty inherent or made by judges, is the rule of law about morality or just something the rules say

Question 34

“government without a constitution, is a power without a ?”

Answer 34

right

Question 35

are both the government and the governed bound by and accountable under the law, as administered in the ordinary courts?

Answer 35

yes

Question 36

what provides a supplement to the law and defines how the legal constitution operates in practice?

Answer 36

constitutional conventions

Question 37

conventions operate the ensure that public power is exercised ultimately in accordance with?

Answer 37

the wishes of the people

Question 38

what is the enduring feature of the constitution

Answer 38

adaptibility

Question 39

the treaty of waitangi distinguishes NZ from ?

Answer 39

all other post-colonial commonwealth nations

Question 40

in a presidential system, the head of the executive branch is also the?

Answer 40

head of state

Question 41

in a constitutional monarchy, the powers of the crown are limited by?

Answer 41

law

Question 42

what is autochthony

Answer 42

the spirit of independence and self-sufficiency in post-colonial states