New Zealand Constitutional System Essay

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

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 hand suggests the notion that parliament is sovereign, all power lies within it. The separation of powers doctrine ensures of government are the judiciary, the legislature and the executive. In order to maintain order, the branches have checks and balances on one another. This was displayed in the case of Muldoon. Muldoon displayed arbitrary power, and this was overturned as a result. Palmer discussed that this case portrayed the relationship between the executive and the judiciary, where the uncertainty for the public overrode parliament

This in itself is an “indirect” application of democracy. The public’s voice is voiced for them. The members of the executive have been voted into their position by the general public, which provides them with the power to administer decisions. Applying the “rule book” formal conception, endorses the notion that law is legitimized by gaining consent from those who are governed along with the assessment of As discussed by Tamanaha, law is good if it is made by good law proceedings. What is meant by good law proceedings is that it is done in formality and