The New Zealand Constitution in 2005

Abstract

A paper presented to a New Zealand Law Society seminar in May 2005. The purpose of the paper is to describe as briefly and accurately as possible the basic features of the New Zealand Constitution as they existed in 2005. It suggests, however, that to state the present position with any precision or clarity is a doomed task, not only because of the somewhat indeterminate nature of the constitutional enterprise in New Zealand, but also because there is serious doctrinal controversy about some of its central elements. The paper provides an overview and discussion of the Constitution Act 1986, the separation of powers, parliamentary sovereignty, the New Zealand Bill of Rights Act 1990, the Treaty of Waitangi and the rule of law.

Keywords: New Zealand, constitution, unwritten constitution, Treaty of Waitangi, New Zealand Bill of Rights Act 1990, Constitution Act 1986, rule of law, parliamentary sovereignty

JEL Classification: K10, K40