Section 2 of the New Zealand Constitution Act 1852 (UK) Between Constitutional (Law) Tradition and Constitutional (Economics) Perdition

27 Pages Posted: 29 Oct 2013

See all articles by Benjamen Gussen

Benjamen Gussen

University of Southern Queensland ; University of Auckland; Auckland University of Technology

Date Written: October 27, 2013

Abstract

This paper reflects on the provincial system that existed in New Zealand from 1852 to 1876. I argue that this system is an instance of a core constitutional tradition, namely a pragmatic application of subsidiarity. This subsidiarity is also the hypostasis of the Treaty of Waitangi, both in its English and Māori texts. The resuscitation of subsidiarity as a foundational element of our constitutional design holds the key to our economic prosperity in a globalising world, where the role of the nation state is marginalised. Constitutional economics suggests that the central government should, as a strategic intent, ready local government to function independently, efficiently and effectively. Evolving a strong tradition of local autonomy should be the most sublime of our constitutional aspirations.

Keywords: Constitutional Law, Constitutional Economics, Subsidiarity, Global Cities, New Zealand

Suggested Citation

Gussen, Benjamen, Section 2 of the New Zealand Constitution Act 1852 (UK) Between Constitutional (Law) Tradition and Constitutional (Economics) Perdition (October 27, 2013). Available at SSRN: https://ssrn.com/abstract=2345976 or http://dx.doi.org/10.2139/ssrn.2345976

Benjamen Gussen (Contact Author)

University of Southern Queensland ( email )

P.O.Box 238 Darling Heights
Toowoomba, Queensland 4350
Australia

University of Auckland ( email )

Auckland
New Zealand

Auckland University of Technology ( email )

AUT City Campus
Private Bag 92006
Auckland, 1142
New Zealand

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