Constitution Of The Realm Of New Zealand
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Author | : Janet McLean |
Publisher | : Auckland University Press |
Total Pages | : 622 |
Release | : 2017-12-11 |
Genre | : Political Science |
ISBN | : 1775589633 |
New Zealand is a democratic constitutional monarchy, one of Queen Elizabeth II's sixteen realms. This book provides a comprehensive account of how the Queen, the Governor-General and the Crown interact with our democratically-elected leaders under New Zealand's unwritten constitution.The authors explain how these islands in the South Pacific were first brought within Queen Victoria's dominions, the arrangements then made for their future government, and how those arrangements developed over time with the pressure for democracy and responsible government to become New Zealand's current constitution. They discuss the responsibilities of, and interactions between, the key office-holders: the Sovereign herself; her representative, the Governor-General; the impersonal and perpetual Crown, and the Prime Minister, other Ministers and Members of Parliament. All of them affect in some way the government which runs the country day to day. In an afterword, the authors examine some of the key issues to be considered should New Zealand become a republic.The parliamentary democracy that we take for granted can conceal New Zealand's ultimate constitutional underpinnings in the monarchy. But, as the authors make clear, the monarchy's continuing role in New Zealand's constitution is significant. And understanding the roles of the Queen, the Governor-General and the Crown will be critical as we look forward to debates about the possibility of a republic in New Zealand.
Author | : Matthew SR Palmer |
Publisher | : Bloomsbury Publishing |
Total Pages | : 260 |
Release | : 2022-02-10 |
Genre | : Law |
ISBN | : 1849469040 |
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.
Author | : Brian Christopher Jones |
Publisher | : Edward Elgar Publishing |
Total Pages | : 217 |
Release | : 2020-06-26 |
Genre | : Law |
ISBN | : 1788971108 |
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
Author | : Charles Parkinson |
Publisher | : Oxford University Press |
Total Pages | : 314 |
Release | : 2007-11-22 |
Genre | : History |
ISBN | : 0199231931 |
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
Author | : A.V. Dicey |
Publisher | : Springer |
Total Pages | : 729 |
Release | : 1985-09-30 |
Genre | : Social Science |
ISBN | : 134917968X |
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author | : |
Publisher | : BRILL |
Total Pages | : 466 |
Release | : 2020-05-18 |
Genre | : Law |
ISBN | : 9004423265 |
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2018 to 31 December 2018.
Author | : Brian Galligan |
Publisher | : Cambridge University Press |
Total Pages | : 289 |
Release | : 2015-08-04 |
Genre | : Law |
ISBN | : 1316352420 |
Conventions are fundamental to the constitutional systems of parliamentary democracies. Unlike the United States which adopted a republican form of government, with a full separation of powers, codified constitutional structures and limitations for executive and legislative institutions and actors, Britain and subsequently Canada, Australia and New Zealand have relied on conventions to perform similar functions. The rise of new political actors has disrupted the stability of the two-party system, and in seeking power the new players are challenging existing practices. Conventions that govern constitutional arrangements in Britain and New Zealand, and the executive in Canada and Australia, are changing to accommodate these and other challenges of modern governance. In Westminster democracies, constitutional conventions provide the rules for forming government; they precede law and make law-making possible. This prior and more fundamental realm of government formation and law making is shaped and structured by conventions.
Author | : Caroline Morris |
Publisher | : Springer Science & Business Media |
Total Pages | : 513 |
Release | : 2011-09-01 |
Genre | : Law |
ISBN | : 3642215726 |
All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them. Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be Head of State? What is our constitutional relationship with other nation states? What is the influence of international law on our domestic system? What process should constitutional change follow? In this volume, scholars, practitioners, politicians, public officials, and young people explore these questions and others in relation to the New Zealand constitution and provide some thought-provoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and globalised world.
Author | : René Kuppe |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 304 |
Release | : 1996-02-14 |
Genre | : Law |
ISBN | : 9789041101945 |
The "Law & Anthropology Yearbook" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. "Volume 8" contains a selection of edited papers presented at the VIth International Symposium of the Commission on Folk Law and Legal Pluralism, dealing with the topic of Indigenous Self-Determination and Legal Pluralism'.
Author | : Jane McAdam |
Publisher | : Bloomsbury Publishing |
Total Pages | : 274 |
Release | : 2010-09-06 |
Genre | : Law |
ISBN | : 184731600X |
Environmental migration is not new. Nevertheless, the events and processes accompanying global climate change threaten to increase human movement both within states and across international borders. The Inter-governmental Panel on Climate Change has predicted an increased frequency and severity of climate events such as storms, cyclones and hurricanes, as well as longer-term sea level rise and desertification, which will impact upon people's ability to survive in certain parts of the world. This book brings together a variety of disciplinary perspectives on the phenomenon of climate-induced displacement. With chapters by leading scholars in their field, it collects in one place a rigorous, holistic analysis of the phenomenon, which can better inform academic understanding and policy development alike. Governments have not been prepared to take a leading role in developing responses to the issue, in large part due to the absence of strong theoretical frameworks from which sound policy can be constructed. The specialist expertise of the authors in this book means that each chapter identifies key issues that need to be considered in shaping domestic, regional and international responses, including the complex causes of movement, the conceptualisation of migration responses to climate change, the terminology that should be used to describe those who move, and attitudes to migration that may affect decisions to stay or leave. The book will help to facilitate the creation of principled, research-based responses, and establish climate-induced displacement as an important aspect of both the climate change and global migration debates.