Constitution Of New Zealand
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Constitution Of New Zealand
The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Ele ...
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Law Of New Zealand
The law of New Zealand uses the English common law system, inherited from being a part of the British Empire. There are several sources of law, the primary ones being statutes enacted by the New Zealand Parliament and case law made by decisions of the courts of New Zealand. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary sovereignty; the rule of law; and the separation of powers. History Pre-European law Before colonisation by the British, Māori customary law ( tikanga) would have served as rule of law for most tribes. The first mention of New Zealand in British statutes is in the Murders Abroad Act of 1817, which clarified that New Zealand was not a British colony (despite being claimed by Captain Cook) and "not within His Majesty's dominions". Treaty of Waitangi The Treaty of Waitangi, signed in 1840, is widely believed to have established British law in New Zealand. There are numerous problems with this theory. F ...
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Referendums In New Zealand
Referendums (or referenda) are held only occasionally by the Government of New Zealand. Referendums may be government-initiated or held in accordance with the Electoral Act 1993 or thCitizens Initiated Referenda Act 1993 Nineteen referendums have been held so far (excluding referendums on alcohol licensing, which were held triennially between 1894 and 1989). Fourteen were government-led, and five were indicative citizen initiatives. Government referendums The government of New Zealand may, at any time, call for a referendum on any issue. This requires enabling legislation to determine whether the outcome will be binding on the government or merely indicative. This allows parliamentary scrutiny of the issue and wording of the question. There is no constraint on whether an issue is to be decided by the New Zealand Parliament or by the public, except for where the reserved provisions of the Electoral Act 1993 are engagedSection 268of the Electoral Act 1993 protects some of the provi ...
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Victoria University Of Wellington
Victoria University of Wellington ( mi, Te Herenga Waka) is a university in Wellington, New Zealand. It was established in 1897 by Act of Parliament, and was a constituent college of the University of New Zealand. The university is well known for its programmes in law, the humanities, and some scientific disciplines, and offers a broad range of other courses. Entry to all courses at first year is open, and entry to second year in some programmes (e.g. law, criminology, creative writing, architecture, engineering) is restricted. Victoria had the highest average research grade in the New Zealand Government's Performance Based Research Fund exercise in both 2012 and 2018, having been ranked 4th in 2006 and 3rd in 2003.
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Unicameral
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multicameralism (two or more chambers). Many multicameral legislatures were created to give separate voices to different sectors of society. Multiple houses allowed, for example, for a guaranteed representation of different social classes (as in the Parliament of the United Kingdom or the French States-General). Sometimes, as in New Zealand and Denmark, unicameralism comes about through the abolition of one of two bicameral chambers, or, as in Sweden, through the merger of the two chambers into a single one, while in others a second chamber has never existed from the beginning. Rationale for unicameralism and criticism The principal advantage of a unicameral system is more efficient lawmaking, as the legislative process is simpler and there is ...
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New Zealand House Of Representatives
The House of Representatives is the sole chamber of the New Zealand Parliament. The House passes Law of New Zealand, laws, provides Ministers of the New Zealand Government, ministers to form Cabinet of New Zealand, Cabinet, and supervises the work of government. It is also responsible for adopting the state's New Zealand Budget, budgets and approving the state's accounts. The House of Representatives is a Representative democracy, democratic body consisting of representatives known as members of parliament (MPs). There are normally 120 MPs, though this number can be higher if there is an Overhang seat, overhang. Elections in New Zealand, Elections take place usually every three years using a mixed-member proportional representation system which combines First-past-the-post voting, first-past-the-post elected legislative seat, seats with closed party lists. 72 MPs are elected directly in single-member New Zealand electorates, electoral districts and further seats are filled by ...
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Ministers In The New Zealand Government
Ministers, in the New Zealand Government, are members of Parliament (MPs) who hold ministerial warrants from the Crown to perform certain functions of government. This includes formulating and implementing policies and advising the governor-general. Ministers collectively make up the executive branch of the New Zealand state. The governor-general is obliged to follow the advice of the prime minister on the appointment and dismissal of ministers. All ministers serve concurrently as councillors of the Executive Council of New Zealand. These executives are also formally titled "ministers of the Crown", as in other Commonwealth realms. Terminology "Minister of the Crown" is the formal title used in Commonwealth realms to describe a minister of the reigning sovereign or governor-general. "The Crown" vaguely refers to both the sovereign and the state. In New Zealand, an adviser to the sovereign or governor-general is also referred to simply by the term ''minister'', but the formal ti ...
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Governor-General Of New Zealand
The governor-general of New Zealand ( mi, te kāwana tianara o Aotearoa) is the viceregal representative of the monarch of New Zealand, currently King Charles III. As the King is concurrently the monarch of 14 other Commonwealth realms and lives in the United Kingdom, he, on the advice of his New Zealand prime minister, appoints a governor-general to carry out his constitutional and ceremonial duties within the Realm of New Zealand. The current office traces its origins to when the administration of New Zealand was placed under the Colony of New South Wales in 1839 and its governor was given jurisdiction over New Zealand. New Zealand would become its own colony the next year with its own governor. The modern title and functions of the "governor-general" came into being in 1917, and the office is currently mandated by Letters Patent issued in 1983, constituting "the Governor-General and Commander-in-Chief of the Realm of New Zealand". Constitutional functions of the governor ...
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Realm Of New Zealand
The Realm of New Zealand consists of the entire area in which the monarch of New Zealand functions as head of state. The realm is not a federation; it is a collection of states and territories united under its monarch. New Zealand is an independent and sovereign state. It has one Antarctic territorial claim (the Ross Dependency), one dependent territory (Tokelau), and two associated states (the Cook Islands and Niue). The Realm of New Zealand encompasses the three autonomous jurisdictions of New Zealand, the Cook Islands, and Niue. The Ross Dependency has no permanent inhabitants, while Tokelau, the Cook Islands and Niue have indigenous populations. The United Nations formally classifies Tokelau as a non-self-governing territory; the Cook Islands and Niue are internally self-governing, with New Zealand retaining responsibility for defence and for most foreign affairs. The governor-general of New Zealand represents the monarch throughout the Realm of New Zealand, though th ...
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Head Of State
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and legitimacy. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government and more (such as the president of the United States, who is also commander-in-chief of the United States Armed Forces). In a parliamentary system, such as the United Kingdom or India, the head of state usually has mostly ceremonial powers, with a separate head of government. However, in some parliamentary systems, like South Africa, there is an executive president that is both head of state and head of government. Likewise, in some parliamentary systems the head of state is not the head of government, but still has significant powers, for example Morocco. In contrast, ...
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Monarchy Of New Zealand
The monarchy of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of New Zealand. The current monarch, King Charles III, ascended the throne following the death of his mother, Queen Elizabeth II, on 8 September 2022. The King's eldest son, William, Prince of Wales, is the heir apparent. The Treaty of Waitangi between Queen Victoria and Māori chiefs () was signed in 1840, and as a result, the British sovereign became New Zealand's head of state. New Zealand gradually became independent from Britain and the monarchy evolved to become a distinctly New Zealand institution, represented by unique symbols. The New Zealand monarch is currently shared with 14 other countries (realms) within the Commonwealth of Nations, all independent and the monarchy of each being legally distinct. As a result, the current monarch is officially titled ''King of New Zealand'' ( mi, Kīngi o Aotearoa) and, in this capacity, h ...
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Parliamentary Democracy
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the legislature, typically a parliament, to which it is accountable. In a parliamentary system, the head of state is usually a person distinct from the head of government. This is in contrast to a presidential system, where the head of state often is also the head of government and, most importantly, where the executive does not derive its democratic legitimacy from the legislature. Countries with parliamentary systems may be constitutional monarchies, where a monarch is the head of state while the head of government is almost always a member of parliament, or parliamentary republics, where a mostly ceremonial president is the head of state while the head of government is regularly from the legislature. In a few parliamentary republics, among ...
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