BLAW211 Otago Flashcards BLAW211/ Flashcards with Solutions.

BLAW211 Otago Flashcards BLAW211/ Flashcards with Solutions. By lw What is a moral rule vs Legal rule - CORRECT ANSWERS-Moral rule - being a dick Legal rule - Drink driving The legal rule is also a moral rule What is a constitution? - CORRECT ANSWERS-Rules and practices that determine the composition and functions of government and regulate rights and duties between citizen and state Does New Zealand have a constitution? - CORRECT ANSWERS-Yes, it is a combination of documents, some are contained in statutes. Made up of laws and conventions which sometimes conflict. What is the rule of law? (5 fundamental concepts of law) - CORRECT ANSWERS1)There should be no immunity from legal process. 2)Court should be public (excluding family court as no public interest) 3) Anyone can start proceedings 4) Laws and procedures must be done using pre-existing framework. 5) Judges must be independent and unbiased What is the executive? - CORRECT ANSWERS-GG, Executive council, cabinet (PM and cabinet ministers), government departments. What is parliament? - CORRECT ANSWERS-GG, House of representatives. What is the Judiciary? - CORRECT ANSWERS-Judges, and Quasi-Judicial Officers What is the separation of powers? - CORRECT ANSWERS-Executive, legislature and Judiciary should be separate. Who is the head of state? - CORRECT ANSWERS-The GG, has the same powers as the Queen because she isn't in the country What is the purpose of conventions? - CORRECT ANSWERS-Law alone gives the head of state most power. Conventions are unenforceable but public support means politicians will not break. How does law an