Bridled Power New Zealand's Constitution and Government

by Palmer, Geoffrey; Palmer, Matthew

• ISBN13: 9780195584639
• ISBN10: 0195584635
• Edition: 4th
• Format: Paperback
• Copyright: 2004-04-29
• Publisher: Oxford University Press

Summary

Bridled Power, and its predecessor Unbridled Power, have provided a guide to New Zealand's constitutional system for more than 20 years. This new edition is updated to reflect New Zealand's experience of the MMP system of proportional representation and includes: Elections and formation of governments The Governor-General and prospects of becoming a republic How Executive Government works, and should work How Parliament works, and should work How laws are made The checks on government, including the Treaty of WaitangiThis book is a clear and straightforward account of how New Zealand's system of government works in practice and in principle. It will be of value to anyone interested in government, as well as to judges, law practitioners, academics, government departments and politicians, and law and political science students.

Table of Contents

Preface	ix
Acknowledgments	x
Part I GOVERNMENT
1 New Zealand's System of Government	3	(19)
Introduction	3	(1)
What is a constitution?	4	(2)
Some New Zealand constitutional history	6	(1)
Separation of powers and the Constitution Act 1986	7	(2)
Unbridled power under first-past-the-post (FPP) system	9	(4)
MMP and its effects	13	(5)
A modified process for making decisions	18	(3)
Summary	21	(1)
2 Elections	22	(17)
Introduction	22	(1)
Voting	23	(1)
Translating votes into seats: FPP and MMP	23	(6)
How is an MMP election administered?	29	(5)
Review of MMP	34	(5)
3 Forming and Ending Governments	39	(13)
The formation of a government	39	(1)
Forming coalition and minority governments	40	(1)
Coalition and support agreements	41	(3)
The end of a government	44	(1)
Caretaker governments	45	(7)
4 The Monarchy: When Will New Zealand Become a Republic?	52	(16)
Introduction	52	(1)
The functions of the Queen and the Governor-General	53	(3)
The reserve powers	56	(5)
The republican debate in New Zealand	61	(7)
Part II EXECUTIVE GOVERNMENT
5 The Prime Minister, Cabinet, and Ministerial Responsibility	68	(27)
Introduction	68	(1)
The role of the Prime Minister	68	(6)
The Prime Minister's office and department	74	(2)
Ministers, Cabinet, and Cabinet committees	76	(9)
Ministerial responsibility	85	(10)
6 The Public Service and Crown Entities	95	(23)
Introduction	95	(1)
Departments: What they do	95	(2)
Chief executives: What they can do	97	(4)
Public servants: What they should do	101	(8)
State-Owned Enterprises	109	(3)
Crown entities and quangos	112	(6)
7 Public Finance	118	(20)
Introduction	118	(1)
Supply and Parliament	118	(2)
Fiscal responsibility and the Budget process	120	(2)
Accounting and accountability	122	(3)
The Controller and Auditor-General and the Audit Office	125	(4)
Accountability documents	129	(9)
Part III PARLIAMENT
8 MPs and Other Parliamentary Inhabitants	138	(18)
Introduction	138	(1)
The rise and fall of an MP	139	(2)
List MPs and electorate MPs	141	(2)
The MP in the community	143	(1)
The MP in Parliament	144	(2)
Political party caucuses	146	(3)
The Speaker	149	(1)
The Parliamentary Service and Office of the Clerk	150	(3)
MPs' pay and allowances	153	(3)
9 What Happens in Parliament	156	(25)
Introduction	156	(2)
The functions of Parliament	158	(1)
What Parliament does	159	(2)
Voting in Parliament	161	(1)
Parliamentary questions	161	(8)
Petitions to Parliament	169	(1)
Select committees	169	(6)
Parliamentary privilege	175	(6)
10 Legislation	181	(21)
Introduction	181	(2)
Too much law?	183	(5)
The legislative process within the Executive	188	(5)
The legislative process in Parliament	193	(4)
Select committee scrutiny	197	(1)
Legislative drafting	198	(1)
Access to the law	199	(3)
11 Regulations and Red Tape	202	(26)
What are regulations?	202	(5)
Why do we have regulations?	207	(2)
Lest we forget...	209	(3)
Cabinet and regulations	212	(1)
Parliament and regulations	213	(5)
The growth of rules required to be treated as regulations	218	(4)
Regulations in the courts	222	(3)
Regulations under MMP	225	(3)
Part IV RESTRAINTS ON GOVERNMENT
12 Public Opinion and Information	228	(18)
Introduction	228	(1)
Official information	229	(8)
The media	237	(3)
Lobbying	240	(3)
Citizens-initiated referenda	243	(3)
13 Local Government	246	(16)
Local government in the past	246	(2)
Local government in the present	248	(5)
What local government does	253	(3)
The accountability of local government	256	(2)
Other public law checks on local government	258	(2)
The future	260	(2)
14 Avenues for Complaint	262	(23)
Introduction	262	(1)
Parliament	263	(3)
Ombudsmen	266	(4)
Police Complaints Authority	270	(2)
The Human Rights Commission and the Race Relations Commissioner	272	(4)
The Privacy Commissioner	276	(4)
The Parliamentary Commissioner for the Environment	280	(1)
The Health and Disability Commissioner	281	(2)
The Children's Commissioner	283	(2)
15 The Courts	285	(31)
What courts do	285	(1)
Courts and the Constitution	286	(3)
Administrative law	289	(6)
Judicial independence and accountability	295	(5)
The Privy Council and Supreme Court	300	(6)
The relevance of courts to people	306	(2)
Royal Commissions and Commissions of Inquiry	308	(4)
Administering the courts system: Executive v. Judiciary	312	(4)
16 The New Zealand Bill of Rights Act 1990	316	(17)
Introduction	316	(3)
The debate about enacting a Bill of Rights Act	319	(5)
The practical effects of the Bill of Rights Act	324	(3)
The Bill of Rights Act in the courts	327	(4)
Assessment	331	(2)
17 The Treaty of Waitangi	333	(16)
Introduction	333	(1)
What is the Treaty of Waitangi?	333	(3)
The Waitangi Tribunal and Treaty claims	336	(2)
Settling Treaty claims	338	(6)
Contemporary claims: Ongoing relationships	344	(2)
The constitutional place of the Treaty	346	(3)
18 International Law	349	(19)
Introduction	349	(1)
The nature of international law	350	(3)
The sources of international law	353	(4)
Making treaties	357	(3)
Mechanisms for settling international disputes	360	(3)
International law and New Zealand law	363	(5)
Part V FUTURE GOVERNMENT
19 Where Next?	368	(17)
The changed nature of politics under MMP	368	(6)
Assessing MMP	374	(11)
Appendix: (A Possible) Constitution Act of New Zealand	385	(16)
Index	401