Constitution

What is a constitutional monarchy

It is a system of government in which the country is ruled by a king or queen but there power is limited by the constitution. We have this system in NZ

NZ becoming ruled by a monarch

21st May 1840 Hobsons proclamations, October Ratification of hobsons proclamations, November 1840 Queen declares NZ a seperate colony. 1907 king declares NZ a domion. 1947 NZ enacts legislation to become a realm. + the 6 key dates before this

What are the features of NZ constituion

Unwritten ,Not entrenched, Not supreme

Unwritten

No single comprehensive document that is referred to there are many that make it up e.g TOW

Constitution act 1986

Not the full NZ constitution, it lays out central rules, King is sovereign with the governor general his representative, Only MPS may be ministers of the crown, Legislature has full power to make laws, Crown cannot raise levy taxes unless under act of parliament

Not entrenched

A simple majority can pass a bill, some key statues such as the electoral act may require a super majority.

Not supreme

The constitution in NZ can not be used by the courts to over rule parliament legislation as parliament is supreme

NZ’s parliament and voting

When first introduced in NZ it was directly the same as the English system, those who owned land could vote however it was Mainly Maori that owned land in NZ. However to combat mainly Maori voting we had the Maori Representative Act 1876 this mean that there was 4 Maori electorates North east south west, and they could only vote for them. However only Maori who held a certificate of title from the Native lands court (1862) could vote. In 1893 it was passed that anyone over the age of 21 who had lived in NZ for at least a year could vote (Including Women)

Principles of NZ legal system

Parliment is surpeme, Rule of law, Seperation of powers

Parliment Supremacy

Parliment can pass any law it chooses can overide the common law and BORA

How is parliment restricted

Elections, MMP and Rule of law

Seperation of power

Power is divided, meaning parliment cant controll everything however Parliment will still have more power

What are the levels of the courts in key cases

Symonds- high court, Wi Parata - high court- Baker- privvy council, 90 mile beach- court of appeal

Why is the foreshore and seabed case important

Awnsers the core difference between attaining sovereignty and property and shows parliamentary supremacy

Svoerginty and property

The only way that property rights can be extinguished is if we are at war with another country or parliament pass clear legislation, gaining sovereignty is not a right to domion.

Trans- Tasman

• The treaty us relecant across any area

• Building on the Maori councill case

• TOW is consitutional signifcance

• Therefore is a part of our common law and arguments of tikanga can be brought forward

Values of NZ constitution

Democracy, Justice (Magna carta, English Bill of rights), fair trial

What foundations and values of a New consitution does Matike Mai propose

The value of tikanaga, community, belonging, place, balance, conciliation, structure. Fundamental idea is that there ought to be a sphere where there is maori controll in one area, crown in the other and then there is an over lap