Preparing a Written, Codified Constitution for New Zealand – Is There a Need That Can Be Met?

Abstract

This was a lecture delivered in opening the conference on quasi-constitutionality held at the Victoria University of Wellington on 19 May 2016. It presents a summary of an effort being made by the Sir Geoffrey Palmer and Dr Andrew Butler, supported by the New Zealand Law Foundation, to introduce a codified written constitution for New Zealand. New Zealand is one of the few countries in the world without such a constitution. Since that conference was held the project has resulted in two books. A Constitution for Aotearoa New Zealand (Victoria University Press, Wellington 2016) and Towards Democratic Renewal (Victoria University Press, Wellington, 2018.) The lecture discusses New Zealand’s constitutional profile and the sources of the New Zealand constitution. It argues the existing constitution is too flexible in a country that is unitary state with a unicameral legislature and a powerful Executive. It goes on to discuss some elements of the proposed draft. The current New The Zealand constitution consists of a hodge-podge of rules, some legally binding others not. It includes a jumble of statutes, some New Zealand ones and other old English ones. Important parts of the constitution are governed by obscure conventions, letters patent and guides such as the Cabinet Manual. It concludes with the observation that not too much should be claimed for a written constitution.

Keywords: constitutional reform in New Zealand, existing constitution too flexible, the need for a written codified constitution, New Zealand one of the few countries without one of without a written constitution

JEL Classification: K00, K19, K32, K40