11 March lecture - NZ constitution

What was covered:

NZ constitution, common law vs statute law, Parliamentary sovereignty, statutory interpretation, 

Learning outcomes from this lecture and readings:

• Understand the main components and features of the NZ constitution - laws, conventions, the separation of powers etc.
• Understand the extent of parliamentary sovereignty in making law, and any limits on it under the constitution.
• Understand the important role that statutory interpretation plays in our constitution and the rules governing how interpretation is done,  and how those rules are changing for example by virtue of the Interpretation Act 1999 s5.

Notes

Fundamentals of the NZ constitution: a quick accurate sketch of the key components of the NZ constitution from the Cabinet book.

Entick v Carington case 1763: very important early case about the limits of state power. The same principles apply in debates today.

The US controversy over drones and due process before killing people - an example of the ongoing issues arising from state power and the relevance of Entick v Carrington:

The letters in question.

The further note to Holder reads:

The Attorney General
Washington, D.C. March 7, 2013
The Honorable Rand Paul United States Senate Washington, DC 20510
Dear Senator Paul:
It has come to my attention that you have now asked an additional question: “Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?” The answer to that question is no.Eric H. Holder, Jr. 

Note how every word is carefully weighed. It seems drone strikes on US citizens are possible depending in what 'in combat' means.

Canterbury Earthquake Response Act 2010: a very good example of the enormous power of the NZ parliament under our constitution.

Academic article on how statutory interpretation is changing in NZ: section 5 of the Interpretation Act 1999 means that the text is read in light of the purpose. This has important consequences.

For example in the Greenpeace case: a split decision on how amendments to the RMA 1991 affect consideration of greenhouses gases when a thermal power station applies for discharge consents for CO2. A case of poor text being 'saved' by purpose?

In terms of separation of powers, we looked at guaranteed salaries for judges and how separation is managed by local authorities which may have to apply for resource consents from themselves, and enforce them.

Looked at threats to the rule of law:

- climate change and other large environmental threats eg this speech and search 'climate change rule of law'
- automation and the singularity. This fascinating blog post explores whether the singularity will have more immediate and larger impact than climate change.  

Of interest. This article by Dame Anne Salmond is of interest about challenges in NZ today to the rule of law: Dame Anne Salmond: Time to defend democratic rights