The Constitution of New Zealand: A Contextual Analysis

Description

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 Māori are protected largely through democratic majority rule. A reputation for upholding the rule of law, yet few institutional safeguards to ensure compliance. Preface and Acknowledgements Contents Table of Cases Table of Legislation Table of International Instruments 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. Māori and Pākehā 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 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 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. Māori Governance IV. Non-State Bodies and the Private Sector V. Global Institutions and International Relationships VI. Conclusion Further Reading 12. Constitutional Futures Constitutional Futures I. Introduction II. A Written Constitution? III. A Māori-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 Index