Constitution Overview
Constitution Overview
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Q
+ A – April 28,
2013
Constitution
Overview
DO WE HAVE A
CONSTITUTION?
PROF PHILIP JOSEPH –
Constitutional Expert
It's an unwritten
constitution in the sense we don't have a formal written
codified instrument which we can hold up and say “here’s
the constitution”. It's not to say, though, that it’s
not written. It's written in various documents and statutes
of Parliament, in the decisions of courts and also in some
of the quite ancient statutes of the British Parliament –
for example, Magna Carta, which was signed way back, of
course, in 1215 is part of our
constitution.
IS IT
BROKEN?
PHILIP Well,
some people ask the question if it isn't broken, why fix it?
And that's a good question, because I think the answer is
the New Zealand constitution has worked very well since we
were established as a Crown colony way back in 1840. We are
a liberal democracy and we abide by the rule of law. But
that is not to say that we should not be engaging, though,
on these sorts of fundamental reviews – revisiting,
perhaps, our constitutional foundations, our
roots.
WHAT’S THE PANEL’S
ROLE?
DEBORAH CODDINGTON –
Constitutional Review
Panel
We
are really just there to take information out to all New
Zealanders about our constitutional arrangements so that
they can make submissions.
WHAT ARE THE
TERMS OF
REFERENCE?
PHILIP
Well, the first thing to say about the terms of reference,
and I'm not wishing to be unkind here, but they do lack a
certain coherence, because they cobble together a number of
discrete mechanistic aspects of our electoral system with
what I would call big-ticket items regarding, for example,
the role of the Treaty of Waitangi within the social
compact. And so these big-ticket items, which go to what I
call constitutional fundamentals, are cobbled together with
these very mechanistic discrete issues affecting our
electoral system – for example, how many MPs should we
have?
IS THE PANEL 'CAPTURED' BY MAORI
INTERESTS?
DEBORAH Look, it’s not
just about the Treaty of Waitangi. There are a lot of issues
– as I said, the Bill of Rights is a very important thing.
The Treaty of Waitangi is important too, and it’s up for
people to make their submissions on all of those things.
Yes, we do have I think five or six Maori members on the
panel, but, you know, we're not captured, whatever that
means, by Maori at all.
PHILIP This
whole review originated out of a political agreement between
the National and Maori Parties. And so naturally the terms
of reference will tend to reflect the constituencies of
interest, shall we say, of these parties – for example,
the Maori Party is very committed, of course, naturally, to
the issue of separate Maori representation and also the role
of the Treaty of Waitangi. Whether the National Party is
quite so committed in terms of the review is an open
question.
WILL THE REVIEW AMOUNT TO
ANYTHING?
DEBORAH I don't think it
will come to nothing, but I still think it will have been
worth it because more and more people will be aware of what
our constitution is. I’d just like to also say there is in
Parliament a cross-party support group, so all parties
support it apart from New Zealand First. And I still think
we can probably get Winston on
board.
ENDS