The Constitution of New Zealand: A Contextual Analysis

by Matthew SR Palmer, Dean R Knight

Overview

This book examines New Zealand's constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power – a perspective that is necessary to explore and account for a lived, rather than
textual, constitution.
New Zealand's constitution is unique. One of three remaining unwritten democratic constitutions in the world, it is characterised by a charming set of anachronistic contrasts. “Unwritten”, but much found in various written sources. Built on a network of Westminster constitutional conventions but generously tailored to local conditions. Proudly independent, yet perhaps a purer Westminster model than its British parent.
Flexible and vulnerable, while oddly enduring. It looks to the centralised authority that comes with a strong executive, strict parliamentary sovereignty, and a unitary state. However, its populace insists on egalitarian values and representative democracy, with elections fiercely conducted nowadays under a system of proportional representation. The interests of indigenous Maori are protected largely through democratic majority rule. A reputation for upholding the rule of law, yet few institutional safeguards to ensure compliance.

Product Details

ISBN-13:	9781849469043
Publisher:	Bloomsbury Publishing
Publication date:	02/10/2022
Series:	Constitutional Systems of the World
Sold by:	Barnes & Noble
Format:	eBook
Pages:	336
File size:	1 MB

About the Author

Matthew SR Palmer is Judge of the High Court of New Zealand.
Dean R Knight is Associate Professor at Victoria University of Wellington's Faculty of Law and a co-director of the New Zealand Centre of Public Law.
Matthew SR Palmer is a judge of the High Court of New Zealand. He has previously held positions as a senior public servant and as Dean of Law at Victoria University of Wellington. He is an expert in New Zealand public law.

Table of Contents

1. New Zealand Constitutionalism
I. Introduction
II. Constitutional Essence
III. Constitutional Perspective
IV. Constitutional Culture
V. Constitutional Dialogue
VI. Conclusion
Further Reading

2. Aotearoa New Zealand
I. Introduction
II. Maori and Pakeha
III. He Whakaputanga o te Rangatiratanga o Nu Tireni: The Declaration of Independence of New Zealand
IV. Te Tiriti o Waitangi: The Treaty of Waitangi
V. Assertion of British Sovereignty
VI. Conclusion
Further Reading

3. Head of State and the Crown
I. Introduction
II. Sovereign as Head of State
III. Governor-General as De Facto Head of State
IV. Governor-General's Functions and Powers
V. Executive Council
VI. The Crown in Law
VII. Conclusion
Further Reading

4. Democratic Government
I. Introduction
II. Representative Government: An Elected House
III. Responsible Government: A Parliamentary Ministry
IV. Conclusion
Further Reading

5. Executive
I. Introduction
II. Cabinet Government
III. Prime Minister and Ministers
IV. Public Service
V. Wider State Sector 0
VI. Public Finance and Managerialism
VII. Conclusion
Further Reading

6. Parliament
I. Introduction
II. Parliamentary Institutions
III. Parliamentary Functions
IV. Parliamentary Dynamics under MMP
V. Legislative Supremacy and its Limits
VI. Conclusion
Further Reading

7. Judiciary
I. Introduction
II. The Rule of Law and Forms of Law
III. The Judiciary as an Institution
IV. Judicial Independence and Accountability
V. Conclusion
Further Reading

8. Accountability and Transparency
I. Introduction
II. Accountability
III. Transparency
IV. Conclusion
Further Reading

9. Human Rights
I. Introduction
II. New Zealand Bill of Rights Act 1990
III. Fundamental Rights and the Common Law
IV. Other Statutory Rights Protections
V. Conclusion
Further Reading

10. Te Tiriti o Waitangi
I. Introduction
II. A Brief History of the Status of Te Tiriti
III. Te Tiriti in the Constitution Today
IV. Conclusion
Further Reading

11. Local and Global Governance
I. Introduction
II. Local Government
III. Maori Governance
IV. Non-State Bodies and the Private Sector
V. Global Institutions and International Relationships
VI. Conclusion
Further Reading

12. Constitutional Futures
I. Introduction
II. A Written Constitution?
III. A Maori-centred Nation State?
IV. A New Zealand Head of State?
V. Pragmatic Tinkering?
VI. Enhanced Protection of Rights?
VII. Localism versus Globalism?
VIII. Conclusion
Further Reading