Open the Doors and Where are the People?: Constitutional Dialogue in the Shadow of the People

in We, The Peoples: Participation in Governance, eds. Claire Charters and Dean R Knight, Wellington: Victoria University Press, 2011, pp. 50-74

29 Pages Posted: 9 Oct 2012

Date Written: 2011

Abstract

This book chapter applies an approach of ‘constitutional realism’ in addressing the question ‘where are the people?’ in New Zealand’s constitution. It outlines the reality of New Zealand’s constitution in terms of the dynamics of its constitutional dialogue and its underlying norms and culture.

With that context, it examines the position of ‘the people’ in New Zealand’s constitution: how people in New Zealand can currently engage with and participate in governance. It concludes by noting that the most important manifestation of the people in New Zealand is through democratic representation in Parliament.

It emphasises the under-appreciated importance of the people in the constitutional dialogue that occurs between the political and judicial branches of government.

Keywords: constitution, dialogue, New Zealand

Suggested Citation

Palmer, Matthew S.R., Open the Doors and Where are the People?: Constitutional Dialogue in the Shadow of the People (2011). in We, The Peoples: Participation in Governance, eds. Claire Charters and Dean R Knight, Wellington: Victoria University Press, 2011, pp. 50-74. Available at SSRN: https://ssrn.com/abstract=2158956

Matthew S.R. Palmer (Contact Author)

High Court of New Zealand ( email )

Auckland, CX10222
New Zealand

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