Victoria University

Democracy, Constitutionalism and the Rule of Law: Beholden to Constituent Power

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dc.contributor.advisor Colon-Rios, Joel
dc.contributor.author Sage, Ivan
dc.date.accessioned 2014-06-16T23:08:38Z
dc.date.available 2014-06-16T23:08:38Z
dc.date.copyright 2014
dc.date.issued 2014
dc.identifier.uri http://researcharchive.vuw.ac.nz/handle/10063/3418
dc.description.abstract Democratic government serves two purposes, both requiring that the substantive element of the rule of law be adhered to. A living constitution is required by a government to able to maintain civil society, which is the main occupation of the rule of law and, secondly, the rule of law also vouchsafes rights and freedoms. Hence, the rule of law enforced by the courts is the factor that controls the constitution, and increasingly this includes controlling the government, both the legislature and executive. This paper considers the capacities of democracy, constitutionalism and the rule of law, in the context of both New Zealand’s unwritten and America’s written constitutions, with the view of locating the constitution making power (constituent power). The power that makes and changes the constitution was originally found with the people, parliament, and the executive. However, a modern formulation of the rule of law that seeks to replace parliamentary supremacy as the ultimate principle of legality appears to be arising. An egalitarian society is becoming the preferred option by all parties. In this context, the constitution making power will be with the vessel that is working towards creating such a society. To that end, the paper recommends a Constitutional Commission for New Zealand that would review legislation for constitutionality, including adherence to the rule of law. The objective of the Constitutional Commission would be to recommend the review of law for constitutionality, including adherence to the rule of law. en_NZ
dc.language.iso en_NZ
dc.subject Democracy en_NZ
dc.subject Constitutionalism en_NZ
dc.subject Rule of law en_NZ
dc.subject Constituent power en_NZ
dc.title Democracy, Constitutionalism and the Rule of Law: Beholden to Constituent Power en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit School of Law en_NZ
vuwschema.type.vuw Research Paper or Project en_NZ
thesis.degree.name Graduate Certificate in Law en_NZ
vuwschema.subject.anzsrcfor 180108 Constitutional Law en_NZ
vuwschema.subject.anzsrcseo 970118 Expanding Knowledge in Law and Legal Studies en_NZ


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