Lecture Five:Rule of Law: People create the law and live under the law (key to democratic society). The Laws need to meet certain requirements such as higher laws. The Treaty is an ongoing constitutional evolution, it is not cast in stone because there is confusion in the meaning The English view: Transferred sovereignty to British Crown, preceded by the declaration of independence making NZ capable of transferring power. No law applies in a state where a territory that is capable of making laws. hasnt been established.The Maori view: They didnt know what they signed up to back then, believing that maori have not conferred soverevity to the Crown. This is something that is ver y foreign to their culture, it is like splitting your conext, making it seem liem Mapri were unaware of what was happening. The Settlements Act as a form of compensation. This is so we will move forward (much to the dissatisfaction of NZers, a true settlement needs to be made for the Maori to be satisfied, Maori want respect (Peace settlement protest). Maori have a different view of property rights- when they claim the land they look after the land for the future generation. Where as the pakeha view is that its either ours or theirs.) Our whole plight with the climate collapse is due to property rights in action and people can do what they want with their land. Both sides must understand each others point of view.

The ongoing evolution with the concept of separation of powers.Constitution Act 1986- not a constitution as it was not discussed beyond parliament and did not receive 2 thirds. Control of power, law aims to control the power of parliament. Likewise we follow legal protest to pursue what we want.Just because you are elected democratically, you dont have lots of power. The Constitution sets out:- There should be a parliament- How long the parliament term is.- Judges should be protected and a secure salary- to stop pressure of the parliament. The judiciary needs to be truly independent. This becomes very important in terms of parliamentary supremacy so they dont feel threatened whenever his findings are not to parliaments liking. - Removes the English parliamentary power. Theoretically here is where NZ became independent. However, practically this had happened before. The Constitution Act came about after Robert Muldoon who gave false information to the Governor General. He tried to skip parliament and disrespected the Rule of Law. Jeffrey Palmer drafted the Act but the Act lacks supremacy it is not enshrined. It doesnt have human rights, environmental rights etc. Little signs of dictatorship- the emergency act These things are clearly unconstitutional but NZers trust their culture. Our law and courts follow democracy.Each Branch of govt. has a different role to play: Sovereign is the Queen. All political power ultimately rests with the Queen. But no British Monarch can rule against parliament so ultimately parliament is in charge. The Majesty leaves it up to NZers to decide if we stay part of the Commonwealth. The governor general- Jeffery Marapatae, has a minor role, in representing NZ on behalf of her majesty, his main job is to ascend the laws (signing of laws). In a republic we would have a president who signs the laws off. The Executive consists of the cabinet (senior ministers) and the Prime Minister Legislature (parliament) sits above the executive, because parliament is elected by us and the parliament elects the Prime Minister. Judges sit aside from everything else. Note: If we had a constitution, it would sit above parliament and parliament would have to abide by it by designing laws that are written in the spirit of the constitution. Perhaps, this is not democratic, the constitution is formed by unelected judges and they shouldnt tell us what to do.

1688 Revolution- enactment of the monarch to create democratic system. 1700- Judges who previously employed by Queen/King, gained constitutional independence through an Act. Ever since, judges are guaranteed independence to avoid the risk of dictatorship- all the power in the hands of too few.The power is held by three- so they control each other. The ongoing risk that too much power is giving to the elected. The US separation of system can be seen as more democratic. The President can have full control but only is it gets majority of the congress. However most of congress are republicans so he is more or less a lame duck. But he has control over defense. France has regional power (local autonomy) whereas Auckland Council requires the blessing of parliament. There are many ways to implement protest. E.g Germany- Youth Council, own taxation laws for tiny town. Culture of democratic culture in high schools.