lOMoARcPSD|13097948
My law110 notes to print
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 notes
Three not-so separate branches
- Executive= Parliament
- Legislature= Government
- Judiciary= Courts
Constitutional Law looks at the ways in which laws are created, the institutions and
individuals who create these laws, and the checks and balances that exist to keep the system
honest.
- We don’t have a formal written constitution- “unwritten” (Britain and Israel too)
- The Constitution Act 1986- not supreme and not entrenched. Confirms what already
existed before 1986. More accessible of all exposition of all constitutional structure.
Four main sections
- The Sovereign- focuses on the role of the Governor General
- Executive- focus on roles of ministers and other senior public officials
- Legislature- focus on the powers of parliament
- Judiciary- judicial independence
Sources of the Constitution
- Treaty of Waitangi
- The New Zealand Bill of Rights Act 1990
- The Electoral Act 1993- s268 only entrenched legislative in New Zealand-
- Senior Courts Act 2016 and District Court Act 2016
- Letters Patent
- Certain important court decisions
- Unwritten constitutional conventions
1. Parliamentary supremacy
- Most important aspect of constitutional law
- E.g. Foreshore and Seabed Act 2004
- Executive dominates legislature, it can pass extreme laws through Parliament by a
handful of ministers who dominate Cabinet.
- Less extreme but highly controversial legislation can be passed, such as laws
preventing Maori from pursuing ownership of the foreshore and seabed
- Maori- were successful in court system, Parliament can ultimately override the
courts, international law and public opinion.
- General election- most restrictive to Parliamentary supremacy
- Extremist government- voted out,
- Triennial election- 3 years
- Strong culture of respect for rule of law in NZ among politicians and citizens
- Unlikely to have extremist government
1
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
2. The rule of law
- Everyone is subject to the law, rich and poor, Maori, women, man
- Equality before the law
- Law-makers subjects to own laws and governments do not wield power in arbitrary
fashion.
Some politicians use it for law and order, it is more complex, it shows egalitarian ( all people
are equal and deserve equal rights and opportunities) values and democratic principles
legal experts argue over nature
agree- everyone is equal before law, govt subject to law and exercise power
according to the law.
The law must conform to individual liberties and minimal standards of justice
Protects citizens from tyranny and anarchy
Albert Venn Dicey- “English men are ruled by the law and by the law alone” ~ 1885
Many of the legal safeguards can be viewed as embodying the rule of law principles
Writ of the habeas corpus
The doctrine of separation of powers
Judicial independence
3. Separation of Powers
- Dominates legal system
- Underpins most western systems
- Montesquieu- argued for division of governmental power, governments made up if e,
l, j= each branch balances each other so one cannot dominate
- We don’t have a clear-cut separation of powers
- Judiciary- limited ability of check power of e and l. For example, by using judicial
review to check the executive.
- Legislature dominated by the executive can overrule any judicial position.
- There is a serious overlap between the executive and legislature.
- Executive made up same members from ruling government who also control the
majority of the legislature
- Overlap reduces Parliaments ability to act as check on executive power (‘fused
powers’)
The executive checks legislature
Prevents from passing extreme law
Administrates the law and is therefore is able to soften the impact of the laws made
by legislature
Attorney General and executive officials can express when a proposed law does not
conform BORA.
The Legislature (govt) keeps a check and balance on the executive
2
Downloaded by Emma Grant ()
My law110 notes to print
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 notes
Three not-so separate branches
- Executive= Parliament
- Legislature= Government
- Judiciary= Courts
Constitutional Law looks at the ways in which laws are created, the institutions and
individuals who create these laws, and the checks and balances that exist to keep the system
honest.
- We don’t have a formal written constitution- “unwritten” (Britain and Israel too)
- The Constitution Act 1986- not supreme and not entrenched. Confirms what already
existed before 1986. More accessible of all exposition of all constitutional structure.
Four main sections
- The Sovereign- focuses on the role of the Governor General
- Executive- focus on roles of ministers and other senior public officials
- Legislature- focus on the powers of parliament
- Judiciary- judicial independence
Sources of the Constitution
- Treaty of Waitangi
- The New Zealand Bill of Rights Act 1990
- The Electoral Act 1993- s268 only entrenched legislative in New Zealand-
- Senior Courts Act 2016 and District Court Act 2016
- Letters Patent
- Certain important court decisions
- Unwritten constitutional conventions
1. Parliamentary supremacy
- Most important aspect of constitutional law
- E.g. Foreshore and Seabed Act 2004
- Executive dominates legislature, it can pass extreme laws through Parliament by a
handful of ministers who dominate Cabinet.
- Less extreme but highly controversial legislation can be passed, such as laws
preventing Maori from pursuing ownership of the foreshore and seabed
- Maori- were successful in court system, Parliament can ultimately override the
courts, international law and public opinion.
- General election- most restrictive to Parliamentary supremacy
- Extremist government- voted out,
- Triennial election- 3 years
- Strong culture of respect for rule of law in NZ among politicians and citizens
- Unlikely to have extremist government
1
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
2. The rule of law
- Everyone is subject to the law, rich and poor, Maori, women, man
- Equality before the law
- Law-makers subjects to own laws and governments do not wield power in arbitrary
fashion.
Some politicians use it for law and order, it is more complex, it shows egalitarian ( all people
are equal and deserve equal rights and opportunities) values and democratic principles
legal experts argue over nature
agree- everyone is equal before law, govt subject to law and exercise power
according to the law.
The law must conform to individual liberties and minimal standards of justice
Protects citizens from tyranny and anarchy
Albert Venn Dicey- “English men are ruled by the law and by the law alone” ~ 1885
Many of the legal safeguards can be viewed as embodying the rule of law principles
Writ of the habeas corpus
The doctrine of separation of powers
Judicial independence
3. Separation of Powers
- Dominates legal system
- Underpins most western systems
- Montesquieu- argued for division of governmental power, governments made up if e,
l, j= each branch balances each other so one cannot dominate
- We don’t have a clear-cut separation of powers
- Judiciary- limited ability of check power of e and l. For example, by using judicial
review to check the executive.
- Legislature dominated by the executive can overrule any judicial position.
- There is a serious overlap between the executive and legislature.
- Executive made up same members from ruling government who also control the
majority of the legislature
- Overlap reduces Parliaments ability to act as check on executive power (‘fused
powers’)
The executive checks legislature
Prevents from passing extreme law
Administrates the law and is therefore is able to soften the impact of the laws made
by legislature
Attorney General and executive officials can express when a proposed law does not
conform BORA.
The Legislature (govt) keeps a check and balance on the executive
2
Downloaded by Emma Grant ()
