Legislature

Three key points of Parliamentary sovereignty

Supreme law-making body

Statutes are the highest source of law

Only Parliament can set aside or appeal acts

Evidence of Parliament’s authority over courts

Can pass a law to overturn court decisions

Disadvantage of Parliament’s authority of courts

If Parliament passes an unjust law, the courts cannot correct it

What makes Parliament legitimate

The belief in the democratic process

How does the opposition in Parliament scrutinise the government

Through questions and select committees

What Parliament consists of

MPs and Governor-General

Who the speaker is

Someone drawn from the ruling party

Speaker’s role

To be impartial and protect the rights of the opposition

Case law for Parliament

Speaker’s rulings

Where are the rules for governing Parliament found

Legislation Act

Electoral Act

Standing Orders

Privileges Committee

Gives MPs legal protections so they can carry out duties freely

Who provides funding for Parliament

Minister of Finance

How does Parliament fulfill its representative function

MPs advocate for their constituencies

Hobbes on sovereignty

Defended power of Crown

Locke on sovereignty

Argued sovereignty comes from the people

Parliamentary sovereignty limitations

Cannot legislate truths

Cannot do things against common right or reason

Cannot override all of common law

Duncan Webb’s definition of Parliament’s function

Law-making

Scrutiny

Expression of democracy

Taylor v. NZ Poultry Board legal principle

Some common laws run so deep not even Parliament can override them

Disadvantages of Parliament

Democratically appointed governments can still do wrong

Human rights and minority rights can be undermined by democracy

Who sets guidelines for good legal process in Parliament

Legislation and Design Advisory Committee

International influence that places soft restraints on Parliament

International obligations or reputation

How can the judiciary check Parliamentary power

Courts can interpret laws to prevent repugnant outcomes

Statute for public servants

Public Service Act 2020

Statute for MMP system

Electoral Act 1993