Topic > A Supreme Constitution - 676

The creation of a supreme law constitution, as enforced by the judiciary, would not only change New Zealand's constitutional system but also strengthen the power of the judiciary. Currently, New Zealand does not have a supreme law constitution, but an unwritten constitution and constitutional principles incorporated into other legal areas. The judiciary currently has the ability to control the other branches, but its powers are relatively weak. A supreme constitution would ultimately increase the powers of the judiciary and consolidate the constitution. The current constitution of New Zealand is an unwritten constitution, although the principles have been incorporated into law. The most prominent example is the Constitutional Acts of 1986. Other components of the constitution that exist within the aspects are the Constitutional Conventions, the Bill of Rights Act of 1990 and the Letters Patent. However, these principles have not been codified in a supreme constitution and therefore cannot reign as supreme law. An unwritten constitution limits the power of the judiciary and the force of acts such as the Constitution Act 1986 and the Bill of Rights Act 1990, as they can be amended and annulled by the executive and legislature. This allows the legislative power not to be limited by components of the constitution such as the American one which often struggles to pass the law unanimously due to the bicameral system and the inflexibility of the amendments. As it stands, the judiciary in New Zealand remains the weakest branch of power. the constitutional structure. The role of the judiciary is to interpret the law and apply it to cases that pass through the judicial system. The judiciary can carry out checks in the form of judicial review over legislative activity, offer recommendations... halfway through the document... the iria is given the same power as these branches could be considered a breach of democracy in New Zealand, as the judiciary is not elected. So this would change the nature and role of the judiciary. In conclusion, the creation of a supreme law constitution enforced by the judiciary would undoubtedly enhance the current role and powers of the judiciary and its ability to act as a check on the other branches of government. In contrast to the current unwritten constitution, this would create the constitution as the supreme constitution, thus appointing the judiciary with the power to hold the other branches of government accountable to it. This would constitute a stark contrast to the current system in which the judiciary represents the weakest branch of the judiciary, incapable of binding the other branches to the constitution and Bill of Rights law, merely recommending and reviewing.