Ambiguity And Uncertainty Of New Zealand 's Overall Constitutional System

Ambiguity And Uncertainty Of New Zealand 's Overall Constitutional System

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Ambiguity and uncertainty characterise New Zealand’s overall constitutional system. Along with constitutional and administrative law. Nonetheless, the phrase, “The Queen reigns but the Government rules”, stands as an overlying solid summary of it. This phrase demonstrates that as a Constitutional Monarchy, the real power actually lies within government with the support of the House of Representatives (the executive). Nonetheless, New Zealand’s legal architecture and constitutional arrangements aim to uphold elements of democracy, equality and justice. Different aspects of the overall constitutional system both allow and limit the upholding of said elements. Overall, these aspects include the three fundamental principles that dominate New Zealand’s constitutional law, the current voting system that aims to endorse and display both representative and responsible government, the absence of a written constitution, the amendments and repeals that allow changes to be made to legislation and constitutional conventions that are not crystallized into law.

In order to prevent arbitrary power, administrative and constitutional law act as the legal architecture that supports New Zealand’s constitutional system. The New Zealand constitutional system relies on three main pillars. These pillars are the Rule of Law, Parliamentary Supremacy and the Separation of Powers. They are in place in order to ensure that the constitutional system upholds both democracy and justice in the relationship between the state and its citizens. The Rule of Law itself is a rather ambiguous concept that is defined differently by different scholars. Nonetheless, the essence of it is that it places constraints on arbitrary power. Parliamentary supremacy on the other h...

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...ible to always “do the right thing” due to the different views a person has on said notion. However, the separation of powers allows more chance of equality.

In conclusion, the statement does describe New Zealand’s legal architecture and constitutional arrangements accurately. However, the extent in which is adequate is questionable. Other factors than those that were listed in the statement give the legal architecture both strong and comprehensive qualities. On the other hand, whether the “direct application of democratic practice” is possible in any relationship between the state and citizen, is arguable. Regardless, it can be argued that it is skeletal in the sense that there are many ambiguities and uncertainties that plague the system. However, these ambiguities and uncertainties are required in order to uphold flexibility when it comes to applying the law.

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