Statute And Constitutional Conventions: The Constitution Of New Zealand

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Laws 121: terms essay

The Constitution of New Zealand unlike most countries is not entrenched and is also not supreme law, which means there is no single document outlining the entire constitution. The New Zealand Constitution is made up of a large number of different Statutes, however this does not account for all our constitutional material. Part of our constitution is governed by convention, these ‘traditions’, while not legally binding help to restrain the executive. The Executive is made of the Prime minster, ministers, government agencies and state owned enterprises. This essay will discuss to what extent Constitutional conventions are more important than statutes in restraining the Executive in New Zealand

Statutes make up the bulk of the constitution and while not compiled in a single document, they are written. According to Wests Encyclopaedia of American law (2008), “Statute is a written law passed by the legislature. Statutes set forth general propositions of law that courts apply to specific situations. A statute may forbid a certain act, direct a certain act, make a declaration”. Statutes are the law that because of the rule of Law both the Government and the Public must adhere to.

Constitutional Conventions are …show more content…

Statutes and constitutional conventions are both key inhibitors preventing complete parliamentary supremacy. Parliamentary supremacy is the idea that Parliament can (in theory) pass any law they want to. This is considered one of the key factors in our parliamentary structure. However at the same time we actively try to inhibit and restrain Parliament by the means of checks and balances. While one of the main forms of this is the separation of power between the Executive, Legislature and Judiciary and idea proposed by Montesquieu in The Spirit of Laws 1748. The other way this is mitigated is through the use of Statues and Constitutional

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