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NZ Constitutions: (Comparisons with the United States of America. (SoP:,…
NZ Constitutions:
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Parliamentary Supremacy
Parliament can pass any law that it wants to because the executive dominates the legislature, extreme laws can be pushed through Parliament by a handful of ministers who dominate the cabinet. Parliament is supreme and can ultimately override the courts, international law and public opinion.
Main preventer for PS: elections every three years - an extremist government is likely to be voted out.
IF PS CEEDED: The social contract between state and citizen would be broken. protest and violent rebellion, effective overthrow the doctoral government. THIS IS UNLIKELY due to the stong respect for the rule of law in NZ among politicians and citizens foreshore and seabed is a major exception of this
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The Rule of Law:
A concept incorporating democratic principles and egalitarian values: all are equal before the law; there exist fundamental individual liberties and a minimum standard of justice to which the law must conform.
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Legal safeguards:
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Bill of rights (English, US and NZ)
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Constitution:
Element:
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Old Imperial Statutes that were not repealed in the Imperial Laws Application Act 1988, e.g. Magna Carta
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Unwritten constitutional convention, e.g. Magna Carta
NZ constitution structure is a copy of Britain but modified to fit population size, with the exception of ToW. It is unwritten. It is not one comprehensive supreme law document, unlike the US.
NZ CA 1986:
This act is not supreme law, not entrenched, not comparable to the US. IT IS HOWEVER a statute which confirms already existing legislation, before 1986. 4 Main concepts:
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SS 8,9 - details regarding the appointment and function of parliamentary undersecretaries.
Separation of Powers
A division of government. Government should be made up of the executive, legislature and judiciary. Each branch would balance the other and thus domance by one brach could be avoided.
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