Constitution of New Zealand

A Contextual Analysis
Erscheinungsjahr 2022
ISBN: 978-1-5099-5645-6
Verlag: Bloomsbury 3PL

Buch, Englisch, 336 Seiten, Paperback, Format (B × H): 140 mm x 216 mm, Gewicht: 378 g

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.

Autoren/Hrsg.

Palmer, Matthew Sr

Knight, Dean R

Harding, Andrew

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht Verfassungsgeschichte, Verfassungsvergleichung

Inhaltsverzeichnis

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

Über Autor(innen)

Knight, Dean R
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.

Palmer, Matthew Sr
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.

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.