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Law Notes LAWS204 Public Law Notes

Parliament Notes

Updated Parliament Notes

LAWS204 Public Law Notes

LAWS204 Public Law

Approximately 52 pages

Full, comprehensive notes for LAWS204 - perfect for revision, and for adapting and supplementing your own notes.

Also included is the double-sided crib page I took into the exam with me....

The following is a more accessible plain text extract of the PDF sample above, taken from our LAWS204 Public Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Parliament Accountability is at the heart of our constitution. First Past the Post (FPP, pre-1996) * FPP used 1853 - 1996 * Method ? NZ split into geographic constituencies, within each voters voted for an individual candidate ? Constituency member with the most votes elected ? Political party than had majority of constituency candidates elected would form govt. ? FPP always produced a party that had won a majority of seats in Parliament. * FPP pros ? Relatively direct representation - you vote for your individual candidate. ? Forces your candidate to listen to what the area wants, so that they will be reelected. ? Given NZ's small size, can find out about various candidates relatively easily * FPP shortcomings ? Treated elections an amalgam of isolated races between individual candidates in discrete locations # The reality = political parties competing across the country # So individuals were picked because you wanted their party in power. ? Winner take all voting system, any vote for anyone but the winner is ignored, is not represented. # Extrapolated across the country, FPP leads to many wasted votes (e.g. Social Democrats in 1981, gained 20% of vote, no representation) ? Always produced majority governments, highly concentrated political power # Highly concentrated political power in a system with one house of parliament, a majority had complete power, the majority controlled the executive branch, and we have no entrenched constitution to protect individual rights. Royal commission (headed by Palmer) advised a change to MPP, was ignored by Labour govt. After Rogernomics and Ruthanasia, public perceived government as having too concentrated power, wanted a change. National acknowledge in '92 referenda, which automatically activated MMP through Electoral Act 1993. MMP: Method: * 70 electorates in NZ, 63 general + 7 Maori. * Voters cast two votes, one for electorate candidate, one for party. * Electorate candidate: individual candidate with most votes wins (same as FPP). 70 MPs --> Parliament. * Remaining seats apportioned based on party votes that go above the threshold (5%/1 electoral seat), these are list seats. Drawn off party lists that political parties create for themselves before each election. Difference with FPP * MMP is strongly proportionate * FPP was strongly disproportionate. * Parties shares in Parliament closely match its support as a party demonstrated by the party vote. * Exceptions: parliamentary overhangs mean shares are disproportinoate ? Overhang = where a party wins more electorate seats than its share of party vote allows it to. Maori Party in 2008 won 5 electorate seats, but only has party vote for 3 electorate seats. # No one else loses out so that others are still represented. * Because the spread of seats depends on party vote, party vote really matters * Most of the time it doesn't matter who you vote for your electorate. Overall share of party vote is what matters. * Political parties are recognised as important constitutional actors. * Negotiations between political parties make the government in power. * Depend on deals. * Recognises political parties * Included in EA'93. Structure: Parliament: Sovereign + House of Representatives. Sovereign Governor general, ceremonial, signs bills into law. House of Representatives 120 (122 seats atm) 1. Provides government of the day ? Decides who holds executive power. ? Formally decided by Sovereign ? In practice, the HoR decides who will make the government. # Provides MPs: CA86 s6, Ministers must be MPs by law. ? Sovereign appoints PM based on who has majority of Parliament, and appoints others based on who the PM tells her to choose. 2. Acts as a legislature ? Makes statute, ultimate law. ? HoR debates and votes, and Sovereign signs assent. 3. Represents 'the people' ? Only directly representative institution in our constitution ? Formally power goes down from sovereign, but effectively HoR is the prime mover. 4. The House consents to the Government's spending and taxation ? Representatives must authorise the way in which we pay for it (taxes), and how the money is spent Public Page 5

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