The Constitution Of New Zealand

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A constitution is vitally important in the successful functioning of a country. It is a comprised of body of principles by which a state is governed. Constitutions come in many different forms, New Zealand currently harbours an unwritten constitution that is not supreme law. The question that currently lingers in the air is would New Zealand benefit more by creating a new constitution that is both supreme and codified? In the even of this there would be certain upheavals in the current balance of governmental powers, specifically in regard to the judiciary. I believe that if New Zealand was to adopt a supreme constitution the judiciary would gain increased power as a consequence of their ability to interpret legislation, power that will not be acquired by the executive or legislature.
In countries such as the United States of America (USA) the constitution is a supreme law that overrides all other legislation. It is also entrenched meaning that a public referendum or parliamentary majority of 75% or higher is required to alter it. In addition, any lawsuit that their Parliament wishes to pass, must comply with the constitution. In certain predicaments those without this supreme law document have the ability to choose not to comply with laws that are transcribed in their constitution. An example being the allowance of passage for a new bill that does not fully comply with the New Zealand Bill of Rights Act 1990.
In relation to normal stature more permanence is given to supreme legislation however, controversial legislation can be exceedingly difficult to pass, though not impossible. In parallel to the USA, New Zealand’s current constitution is neither supreme nor entrenched, a trait inherited from Great Britain. A benefit of this i...

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...of the legislature whose role is to make law. A new supreme constitution would remove the executive power to overrule judicial authority in circumstances where decisions were made involving the constitution.
In deciding to make a supreme constitution for New Zealand a consideration of whether to grant the judiciary with this extended power needs to be deliberated. Many would argue that allowing an un-elected judge supreme power over the elected Members of Parliament would be undemocratic and henceforth violate the staple principle of our society. Having a judge consciously decide how to interpret statute that cannot be overruled, is one of the concerns that a supreme constitution faces. Currently New Zealand’s flexible, unwritten constitution is working satisfactory although in a rapid changing society a codified supreme constitution may become a potential reality.

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