The Supreme Law System Of New Zealand's Legal System
analytical Essay
809 words
Under the current New Zealand legal system, there is no written constitution. Various elements including the Constitution Act 1986, the New Zealand Bill of Rights Act 1990 and the Treaty of Waitangi help to build our constitution. It is not in one supreme law document but instead is formed by a range of constitutional conventions, acts and documents . The three branches that make up New Zealand’s constitution are the legislature, the executive and the judiciary which are examined heavily within New Zealand’s Constitution Act 1986. By concentrating on New Zealand’s current constitution in comparison with the United States constitution, we can see how the power of the judiciary would compare in terms of its ability to act as a check on the other branches of the government under a supreme law constitution.
Unlike New Zealand’s Constitution Act 198, “The Constitution is the supreme document in the United States legal system ” therefore any other law that conflicts with it “can be declared void by the judicial branch of the constitution, the courts ”. Like the key constitutional concept in New Zealand, the separation of powers doctrine is included in The Constitution and offers an outline of the powers that each brand holds. The United States Bill of Rights is formed by the first 10 amendments of the constitution and reflects similar rights found in the New Zealand Bill of Rights Act 1990 although there are some key differences . Contrasting New Zealand, there is no overlap of the executive and the legislature and the judiciary (the courts) have more assigned power than in New Zealand. It does not fall behind the other two branches due to the written Supreme Law Constitution.
In New Zealand, Parliament has supremacy over both the e...
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...f Waitangi and make it enforceable rather than just an element in vague and uncertain constitution.
The creation of a supreme law constitution would enhance the judiciary’s ability to act as a check on the legislature and the executive. A written constitution would remove parliamentary supremacy and allow the judiciary to monitor the legislature and rebut against legislation that does not align with the constitution. Similarly, the judiciary’s ability to check the actions of the executive would improve by laying out formal written limitations of power. Ideally, introducing a supreme law constitution would formalise current constitutional conventions such as the separation of powers and the Treaty of Waitangi making them supreme in New Zealand. Overall, the judiciary would become more able to check on the branches of the government under a supreme law constitution.
In this essay, the author
- Explains new zealand's constitution is not written in one supreme law document but is formed by a range of constitutional conventions, acts and documents.
- Explains that unlike new zealand's constitution act 198, the separation of powers doctrine is included in the constitution and offers an outline of the powers that each brand holds.
- Explains that parliament has supremacy over both the executive and the judiciary and can pass any law that it wishes, subject to royal assent.
- Explains that courts have input by creating common law but can be overruled by legislation which shows the limited ability to check the power of the executive.
- Explains that a supreme law constitution would give the judiciary more power to check that the legislature is performing in accordance with the constitution.
- Explains that a supreme law constitution would delegate specific power and roles of the executive.
- Argues that a supreme law constitution would enhance the judiciary's ability to check on the legislature and the executive.
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