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BLAW EXAM TEST BANK QUESTIONS WITH ALL CORRECT ANSWERS

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BLAW EXAM TEST BANK QUESTIONS WITH ALL CORRECT ANSWERS The Speaker of the House - Answer-Responsible for controlling the debating chamber. Arguing about policy, trying to introduce legislation. Where cabinet ministers and prime minister have a chance to debate their perspective. Select Commit...

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  • October 19, 2024
  • 10
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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BLAW211 2024-2025 EXAM TEST BANK
QUESTIONS WITH ALL CORRECT
ANSWERS
The Speaker of the House - Answer-Responsible for controlling the debating chamber.
Arguing about policy, trying to introduce legislation.
Where cabinet ministers and prime minister have a chance to debate their perspective.

Select Committees - Answer-Multi party - Power to summon ministers, head of
departments. Ask questions about legislation. Eye out issues from legislation parliament
are trying to introduce.

Judiciary (2) - Answer-- Judges
- Quasi Judicial Officers
Independence of judiciary is critical - separation of powers

Judges - Answer-It is important judges are seen as independent, not seen as in the
pocket of a politician. Very strong rule about politicians not openly criticising judges.
Can't go after judges personally.

Purpose of judge: Apply the law. Judges are to interpret the words of parliament, and
apply it to the facts they see fit in court. Sometimes judges add to or amend the law.
Interpreted in a way that slightly changes the law.
Judges are appointed by the governor general.

Quasi Judicial Officers - Answer-Court commissioners and court referees

Hierarchy of courts - Answer-Top courts have more sway
Cons of NZ having a supreme court: Small pool of judicial office.
Pros: Don't have to go to England for them to tell us what our laws are
Every court is bound to follow any decision made by a court above it in the hierarchy.

Constitutional Conventions - Answer-Conventions are not law, they are not written.
Things have developed as a nation of practice.
Makes factory of parliaments work, conventions make things easier to work.

Laws vs. Conventions - Answer-Law: Power to appoint PM, ministers, judges

Convention: Must appoint leader who has confident house of reps, advice of PM, advice
of A-G

Looks like governor general is powerful, but reality power is down to conventions thatare
something else.
Not law, patterns of behaviour that have developed.

, Laws - Legislation (Statutes) - Answer-Statutes: Acts of parliament e.g. environmental
planning act.
Acts are not set in stone, often amended. They can change, particularly ones that are
used a lot

Laws - Legislation (Subordinate legislation) - Answer-Subordinate legislation: Delegated
legislation. Delegated to a a particular body, a local authority e.g. city council, not a
member of parliament. E.g. landfills, animal control, parking, noise control
Statues are supreme will trump anything in delegated piece of legislation.

Laws - Common Law and Equity (Judge made law) - Answer-Interpreting and applying
pieces of legislation. Push boundaries into what they think it should be. Legislation is
supreme

Law Hierarchy - Answer-1. Supreme Law - Statutes
2. Subordinate Legislation - Delegated legislation
3. Common Law and Equity - Judge made

Parliamentary Supremacy (The theory) - Answer-Dicey: (theory that drives the way
parliament operates)
- parliament can make any law
- except, parliament cannot bind future parliament, (cant entrench a law that finds future
parliament)
- entrenchment? issue: theory of substance, on the face parliament cant be bound if you
have a provision that requires 75% vote to change it, parliament is driven by the public.
Laws can always be changed by the democratic process. 50% you can change a law, or
some certain positions that are entrenched to needing 75% to change it. Cannot
entrench a law to stay forever.

The power of the people? - Answer-Public opinion. What it means for their constituents

How statutes are made - Answer-- Bill proposed
- First reading
- Select Committee stage (in most cases)
- Second reading
- Committee stage (House in Committee) (in most cases)
- Third Reading
- Royal Assent

Bill Proposed - Answer-Through the parliamentary system. Start at bill (draft statute).
Has clauses. Different types of bills government bills - introduced by ministers of the
government. most government bills usually go through.

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