Matthew Sr Palmer, Dean R Knight

The Constitution of New Zealand (eBook, PDF)

A Contextual Analysis

• Format: PDF

Produktbeschreibung

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.

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 336
• Erscheinungstermin: 10. Februar 2022
• Englisch
• ISBN-13: 9781849469050
• Artikelnr.: 63383162

Autorenporträt

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.

Inhaltsangabe

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