#8405 - Parliament - LAWS204 Public Law

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