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The intention of this course is to provide an understanding of the legislative process in New Zealand. It is also meant to raise awareness of possible democratic inadequacies and provide alternative solutions. Students who intend to pursue a career or have an interest in public, constitutional or international law are encouraged to take this course. This course is offered in alternate years.
The three branches of government in New Zealand – the executive, the legislature and the judicature – are extraordinarily unbalanced, particularly when compared to other political systems in the democratic world. The New Zealand House of Representatives is exceptionally powerful. It consists of a single House, it is not bound by a written constitution or any other document or institution, and it can pass legislation in a matter of hours. As such, Parliament is almost entirely free of control, except for unwritten conventions and the triennial electoral process. The New Zealand executive is arguably even more powerful. As a Westminster system, the executive needs the support of Parliament to govern and therefore generally holds Parliament's majority. This gives the executive Parliament's powers and practically combines the two branches. On the other hand, the judicature is comparatively weak. Its powers are limited to enforcing law and, to some extent, to review executive actions.The intention of this course is to provide an understanding of the legislative process in New Zealand. It will analyse the structure and formation of NZ’s parliament and the legislative process. Based on this, the course will investigate possible democratic inadequacies and provide alternative solutions. Particular focus will be given to:• the concepts of democracy and constitutionalism,• representation, including the make-up of Parliament, electoral systems, and minority representation,• the legislative process,• Bills of Rights and their enforcement mechanisms, and• participatory democracy.
This course will enable you to:* develop further knowledge of the constitutional system of New Zealand, in particular of the conceptual, institutional, and bicultural environment within which our legislation exists;* consider critically issues of principle and policy raised by the present constitutional system and its operation and practice;* Consider the role of alternative constitutional mechanisms when contemplating solutions to issues raised by the present constitutional system;* consider whether, based on a comparative view with other jurisdictions, reform is desirable; and* further develop skills in constitutional reasoning and essay writing.
(i) LAWS101; and (ii) LAWS110
LAWS202-LAWS206
Sascha Mueller
Domestic fee $790.00
International fee $3,600.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .