a) Beliefs…as to what amounts to acceptable conduct…constitute the “value system” of a society… and this value system will inevitably be reflected in the law…However what may be termed “value trends” appear from time to time and these can make themselves felt in the law”.
Mulholland J is suggesting that a society’s beliefs are not static but change over time and that the law will inevitably reflect these changes.
List two Acts of Parliament that support Mulholland’s view that the law must be seen in its “societal context”. Briefly explain why you have chosen the two Acts you have listed.
– Human Right Act 1993: this Act deals with discrimination on a wide area including sex, religious beliefs, ethical belief, ethnic or national origin in comparison to Mulholland. J suggestion somehow the law must be seen in its societal context or society beliefs.
– New Zealand Bill of Rights Act 1990: the act discovers the atmosphere change in New Zealand Law which it provides judges the means to interpret around different act to ensure interest.
b) Evaluate the following sentences, state whether you agree or disagree with reasoning
(i) Ethics is about doing the right thing.
– Agree, ethics is about doing the right thing or right decision in real life.
(ii) Law is a set of rules enforced by the State against the people of the State.
– Agree, laws are those rules required to obey in a particular State or Country.
(iii) Morality are written rules about how to behave in a business context.
– Disagree, morality represent the community views of the majority of society on certain forms of behavior in social matters.
c) (i) The law is often subdivided into civil law and criminal law. Briefly explain why this distinction is made.
– legal terminology this concern about to keep a very clear distinction between criminal and civil court cases as they have different purposes, outcomes and names of parties. In a Civil Law, it deals with disputes between individuals or between businesses in which compensation is awarded to the victim and Criminal law is a body of law that deals with crime scene and legal punishment of criminal offenses with case filed by the government and Civil law by private parties. For example, civil law is when a divorce proceeding or child custody proceeding and criminal law concern of theft and robbery, murder.
(ii) Sometimes the law is subdivided another way, private law and public law.
How does this subdivision differ from the civil/criminal distinction?
– Private law is concerned with matters that affects the rights and duties of individuals among themselves which civil law is made up of different areas of private law, however, Public law is concerned with matters that affects the State as a community within New Zealand’s Internal law which criminal law is part of public law.
d) (i) What is Parliamentary Supremacy and where does the Judiciary sit in the relationship between Parliament/Legislature and the Judiciary?
– Parliamentary Supremacy as Parliament, the legislature, has unlimited lawmaking powers. It may, by statute, overrule laws made by the Judiciary and the Executives, but at the same time, its laws cannot be inspected or declared invalid by either of other government branches and presides the court judges.
ii) Explain how the introduction of MMP (Mixed Member Proportional) has helped to restore a greater balance of power between the executive and legislative branches of government.
– The Electoral System- Mixed Member Proportional in fact is a “mixed member”, in terms, the House of Representatives is made up of 121 M. P’s, which the system is “proportional” because each party gets the number of seats in the House that is in proportion to its share of the party vote throughout New Zealand. Every voter gets 2 votes; the party vote is counted on a New Zealand wide basis & electorate vote which selects M. P’s on an electorate basis.
e) Although the New Zealand Bill of Rights Act 1990 forms part of New Zealand’s constitution, nevertheless, section 4 of the Act makes it clear the doctrine of parliamentary sovereignty remains in place. In this respect at least New Zealand’s constitution is fundamentally different to that of (for instance) the United States.
Do you consider this statement is an accurate summing up of a major difference between the constitutions of New Zealand and the United States?
– Yes, in terms of New Zealand having an Unwritten Constitution, the constitution is not found in a single written documents as compared to the United States but is comprised of law from a number of diverse sources including New Zealand Acts, Court cases and Treaty of Waitangi.
f) Why is the New Zealand Maori Council V Attorney-General (1987) regarded as important landmarks in the law relating to the Treaty?
– Because New Zealand Maori Council V Attorney-General (1987) is one of the leading cases that make up part of New Zealand’s Constitution and the very important decision of the Court of Appeal.