week one Flashcards
public law is?
the interaction between the individual and state
eating, using water, buying things in a store and going to a university lecture are all evidence of a?
complex regulatory structure that allows us to live our lives - public law
what did Emile Durkeim say about public law
All law is public law
what are the two parts of public law and which is inside the other
administrative law within constitutional law
what is constitutional law
the underpinning foundations of the legal system
what is administrative law
the relationship between individuals and the executive
does law have an international language like science
no
why does law not have an international conception
because law is a discipline, and evolves with the development of nations
what are the opposing arguments as to what law is
formalism (Hart) vs functionalism (llewellyn)
what is the basics of harts idea of law
certain rules are law because of the process they went to
what are the parts of the pyramids of what hart thinks make a law
rule of recognition, primary rules, secondary rules
what is the rule of recognition
the basis of the rules forming a legal system
what are primary rules
rules which structure the system underneath the rule of recognition eg. rules of parliament or the court
what are secondary rules
rules which apply to individuals, companies and groups
under harts model, which things dont count as law
customary practice
ethics
morals
international law
tikanga
conventions
treaties
obiter
cultural practice
ombudsmen decisions
what is the basis of llewellyns idea of what the law is
law is rules that society needs to function without collapse
what are llewellyns 4 law jobs
- resolve disputes
- chanelling expectations
- net drive
- allocation of authority
with llewellyns model, a law is a law if?
it does one of the 4 law jobs
what definition of the constitution do most countries use
formalist
when and where did the american states meet because the articles of confederation weren’t working
philadelphia, may 14
what happened at the meeting of the american states in philly may 14
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
the US meeting created a new model of government based on?
a set of rules on a piece of paper - this was revolutionary
what started the french revolution
the french state funded the american rebels because they hated the british and this caused them to go bankrupt
the french constitution has ___ at the core rather than source of power like the american one was
rights
today, is a written constitution popular
yes, a overwhelmingly global norm
which countries dont have written constitutions
uk, nz, israel
does a written constitution have to be one document
no, it can be multiple that fit together at the core
what are the pillars of the nz constitution
the treaty of waitangi, the rule of law, parliamentary sovereignty
what do the pillars of the nz constitution uphold
the constitutional framework
what did sir robin cooke say about the treaty of waitangi
“Simply the most important document in New Zealand’s history”
what is parliamentary sovereignty
parliament can do everything
what is the rule of law
all government must be subject to the law
what are the inherent tensions of the new zealand constitution
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
“government without a constitution, is a power without a ?”
right
are both the government and the governed bound by and accountable under the law, as administered in the ordinary courts?
yes
what provides a supplement to the law and defines how the legal constitution operates in practice?
constitutional conventions
conventions operate the ensure that public power is exercised ultimately in accordance with?
the wishes of the people
what is the enduring feature of the constitution
adaptibility
the treaty of waitangi distinguishes NZ from ?
all other post-colonial commonwealth nations
in a presidential system, the head of the executive branch is also the?
head of state
in a constitutional monarchy, the powers of the crown are limited by?
law
what is autochthony
the spirit of independence and self-sufficiency in post-colonial states
