Part (B) Roy Boniface

My topic for this section of the assignment was to describe the role and function of:

"Conventions in the New Zealand Constitution"


signing_the_treaty

After researching this topic I have identified the following information I would like to share with the class:-

The constitution of New Zealand consists of a collection of statutes (Acts of Parliament), Treaties, Orders-in-council, Letters patent, decisions of the Courts and unwritten constitutional conventions. As with the United Kingdom, there is no supreme document: the New Zealand constitution is not codified or completely entrenched. A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. New Zealand Government functions are guided by constitutional convention rather than by a formal written constitution. In politics, a political convention is a meeting of a political party, typically to select party candidates.

Definitions:
  • The term was first used by British legal scholar A. V. Dicey in his 1883 book, ''Introduction to the Study of the Law of the Constitution''. Dicey wrote that in Britain, the actions of political actors and institutions are governed by two parallel and complementary sets of rules:

  • The other set of rules consist of conventions, understandings, habits, or practices that— though they may regulate the conduct of the several members of the sovereign power, the Ministry, or other officials— are not really laws, since they are not enforced by the courts. This portion of constitutional law may, for the sake of distinction, be termed the "conventions of the constitution", or constitutional morality.

In layman terms, the function of Conventions is a set of unwritten rules that must be followed by all members of government. Conventions cannot be enforced in courts, because they are non-legal sets of rules but are generally adhered to unless justification can be provided. Convention is particularly important in the Commonwealth realms and other governments using the Westminster System of governance, where many of the rules of government are unwritten.

A good example for use of Convention is in the case of a snap election, which our famous Prime Minster, Robert Muldoon, spectacularly called and lost in 1984.

In conclusion, since the Conventions, like the Constitution are unwritten, it was hard to find a suitable scripture so I went for the above signing of the treaty.


The information above was gathered by trawling through Google and Wiki sites:
References:

  1. ^ AV Dicey, ''Introduction to the Study of the Law of the Constitution'', 10th edition, pp. 23-24.