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Towards Democratic Review
Legal Foundations, Research and Writing (University of Canterbury)
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, lOMoARcPSD|13097948
LAWS110 EXAM NOTES
Geoffrey Palmer & Andrew Butler Towards Democratic Renewal: Ideas for Constitutional Change in New
Zealand (VUP, Wellington, 2018) Chapter 2
This core reading is generally about proposing a new constitution for New Zealand.
- “Parliament has too much supremacy”.
- “More power to Judiciary to keep a check/supervise parliament and invalidate legislation”.
- “Entrench constitution, make it supreme law, therefore parliament cannot change it easily, and has
everything in accordance to it”.
- “Nations constitution is too important to become politicized”.
Key Areas:
- Reflecting the state exists to protect the people and their rights
- Given the Head of State (HOS), known as Guardian or Kaitiaki of the Nation – more powers, effective
protector of the constitution, better supervision on legislative power.
- Reconstituted the institutions of the state and its core – Government, parliament, judiciary, HOS, and local
government – clarified functions and power.
Supreme Law Constitution
- The constitution should be supreme law, meaning that the constitution will be higher than all other law –
means that laws must comply with it.
- Feature is commonly found in other countries, used to be a feature of New Zealand in the constitutional
system – early colonial, faded over time.
- Superior constitution provides; stable framework, principles and powers for; primary public institutions who
make decisions that will affect people (Parliament, Cabinet, public service, Courts, and Head of State (HOS))
- Proposed constitution sets out a clear division of powers between institution.
- Stops Parliament from changing the basic rules contained in the constitution.
Entrenched Law
- Constitution ‘should’ be entrenched.
- Changes can only be made to the Constitution if either 75% majority of MP in Parliament agree, or change
gets more than 50% support in the referendum (ballot, popular vote) of the voters.
- Entrenchment model will make our constitution harder to amend (change) than it is currently (now a bare
majority of Parliament can change any laws).
Bill of Rights
- New Zealand rights better protected
- Currently, majority of MPs in Parliament can remove rights or pass laws inconsistent with those rights.
- If 75% of MPs agree, only then will Parliament be able to postpone a court decision to suspend provision that
breaches fundamental rights.
- Ensure closer and more precise consideration of human rights issue
- Propose the recognition of important human rights, not currently protected by the New Zealand Bill of Rights
Act (BORA) 1990.
- Including: right to; healthy environment, privacy, property, free state education, children,
constitutional protection for workers, not to be discriminated against the grounds of gender identity
or expression, subjected to slavery, servitude or being required to forced labor.
- Provisions = “action of providing or supplying something for use”
Treaty of Waitangi
- Māori rights are extensively recognized in New Zealand law however;
- Constitutional position of Treaty remains unclear.
- Needs to be clarified.
- Not only a subject of controversy, but uncertainty as to the precise range of its ambit, 178 years after being
adopted.
- Profound national conversation needs to be held – better understanding of what is covered by the Treaty.
Downloaded by Emma Grant ()
Towards Democratic Review
Legal Foundations, Research and Writing (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
LAWS110 EXAM NOTES
Geoffrey Palmer & Andrew Butler Towards Democratic Renewal: Ideas for Constitutional Change in New
Zealand (VUP, Wellington, 2018) Chapter 2
This core reading is generally about proposing a new constitution for New Zealand.
- “Parliament has too much supremacy”.
- “More power to Judiciary to keep a check/supervise parliament and invalidate legislation”.
- “Entrench constitution, make it supreme law, therefore parliament cannot change it easily, and has
everything in accordance to it”.
- “Nations constitution is too important to become politicized”.
Key Areas:
- Reflecting the state exists to protect the people and their rights
- Given the Head of State (HOS), known as Guardian or Kaitiaki of the Nation – more powers, effective
protector of the constitution, better supervision on legislative power.
- Reconstituted the institutions of the state and its core – Government, parliament, judiciary, HOS, and local
government – clarified functions and power.
Supreme Law Constitution
- The constitution should be supreme law, meaning that the constitution will be higher than all other law –
means that laws must comply with it.
- Feature is commonly found in other countries, used to be a feature of New Zealand in the constitutional
system – early colonial, faded over time.
- Superior constitution provides; stable framework, principles and powers for; primary public institutions who
make decisions that will affect people (Parliament, Cabinet, public service, Courts, and Head of State (HOS))
- Proposed constitution sets out a clear division of powers between institution.
- Stops Parliament from changing the basic rules contained in the constitution.
Entrenched Law
- Constitution ‘should’ be entrenched.
- Changes can only be made to the Constitution if either 75% majority of MP in Parliament agree, or change
gets more than 50% support in the referendum (ballot, popular vote) of the voters.
- Entrenchment model will make our constitution harder to amend (change) than it is currently (now a bare
majority of Parliament can change any laws).
Bill of Rights
- New Zealand rights better protected
- Currently, majority of MPs in Parliament can remove rights or pass laws inconsistent with those rights.
- If 75% of MPs agree, only then will Parliament be able to postpone a court decision to suspend provision that
breaches fundamental rights.
- Ensure closer and more precise consideration of human rights issue
- Propose the recognition of important human rights, not currently protected by the New Zealand Bill of Rights
Act (BORA) 1990.
- Including: right to; healthy environment, privacy, property, free state education, children,
constitutional protection for workers, not to be discriminated against the grounds of gender identity
or expression, subjected to slavery, servitude or being required to forced labor.
- Provisions = “action of providing or supplying something for use”
Treaty of Waitangi
- Māori rights are extensively recognized in New Zealand law however;
- Constitutional position of Treaty remains unclear.
- Needs to be clarified.
- Not only a subject of controversy, but uncertainty as to the precise range of its ambit, 178 years after being
adopted.
- Profound national conversation needs to be held – better understanding of what is covered by the Treaty.
Downloaded by Emma Grant ()
