BLAW211: The Constitution
What is a Constitution?
Rules and practices that determine the composition and functions of government and which regulate the rights and duties between citizen and state
Responsibilities of the Constitution
- describe and establish the major institutions of the government
- state their prinicpal powers
- drives what laws are in place
4 Types of Constitution
Constitutional Monarchy, Monarchy, Dictatorship, Republic
Constitutional Monarchy
Where the King is Head of State but legislation is created through parliament
Monarchy
King has complete control
Dictatorship
Ruled by one person
Republic
No Head of State, governed by a committee, akin to democracy
NZ Source of Constitution
Multiple sources including:
- Constitution Act 1997
- Bill of Rights
- Electoral Act 1978
- Treaty of Waitangi
Origins of parliament
In 1066: Kings held ultimate power and paid noblemen to fight wars. Payment resulted in Kings providing 'deals' allowing men to participate in parliament settings.
NZ's first parliament
1852
When could NZ make its own laws for the country?
1947
When was Queen/King recognised as Head of State in NZ?
1986 when Constitution Act was created
Rule of Law
Conduct of people within society, minimum rights they are guaranteed, everyone should be bound by laws publicly made
Purpose of Separation of Powers
ensures that the powers of the three are kept unencumbered by each other and have a different role
The Three Powers
The Executive, Legislature, Judiciary
NZ Right to Court
- Right to see Court proceedings for justice
- Person should not be deprived of one's liberty, status or other substantial interest without a fair hearing before an impartial court or tribunal
Fair Hearing
- Everyone can tell their story
- Requires that the police or Crown provide sufficient evidence to convict somebody
- Protects those who are falsely charged
Role of the Executive
- To conduct government
- Decide and administer policy through legislation
Head of State in the Executive
The King via the Governer General
Executive Council
- Head of State
- Cabinet
- Ministers
- Created through legislation
Cabinet
- The Prime Minister
- Cabinet Ministers (responsible for particular portfolios)
Ministers and Government Departments
- Minister responsible for running each department
- e.g Minister of Education
Role of Parliament
- supreme law maker
- responisble for making legislation
Head of State in Parliament
- King via Governer General
- execute King's royal powers
- invite leader of majority party to form government
- required to follow constitutional conventions
- sign off legislation
House of Representatives
- Members of Parliament
- The Speaker of the House
- Select Committees
Members of Parliament
- 120 members
- elected into House of Representatives for 3 years
- have to have no criminal convictions but that’s the only
requirement
The Speaker of the House
- responsible for controlling debating chamber
- can remove MPs from House
Select Committees
- multi-party
- selected for particular expertise
- iron out issues that arise from legislation
- power to summon those from the Executive
The Judiciary
- Judges
- Quasi Judicial Officers
Judges
- independent
-appointed by Governer General
Hierarchy of Courts
- Supreme Court at the top
- Court of Appeal then High Court & Employment Court
- Others like District Court fall below
Constitutional Conventions
- Patterns of Behaviour that are developed
- Governor General: must Assent to Bills, appoint PM on confidence of House of Reps, appoint on advice of PM for Ministers, and A-G for Judges
- These are not Law but have came to be convention