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The Constitutional Framework of New Zealand

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New Zealand is one of the only three countries in the world that has no formal written constitution; instead it has a constitutional framework that would be described as our constitution. There are certain institutions, ideas in the common law and in the core principles and conventions that allow the framework of the New Zealand constitution exist as it is today. In fact most of New Zealand's constitution cannot be found in a single document, but spread across various documents. Some of the important elements that lie beneath New Zealand's constitution include laws that have been passed by Parliament; such as Bill of Rights, the Treaty of Waitangi as well as the Constitution Act 1986, The rule of law and the separation of powers which are made of the three branches of the government (Legislature, Executive and Judiciary) also play an important part in New Zealand's constitutional framework. Bill of Rights and the Rule of Law The Bill of Rights 1990 was put in place to clearly establish the rights and freedoms that apply to people, companies and organizations in New Zealand. The Act places certain limits on the actions of those in the government so that these rights and freedoms provided are not impeded with. Justice Susan Glazebrook of the New Zealand Court of Appeal referred to the Bill of Right Act 1990 to affirm, protect, and promote human rights and fundamental freedoms in New Zealand ¦the Bill of Rights was not designed to extend the law in any way, but simply guaranteed the status quo.  Fitzgerald v. Muldoon, an infamous example of a violation of the Bill of Rights Act. New Zealand had a superannuation scheme where you were required to pay a percentage of your salary towards your retirement; in the 1972 elections, Muldoon he had promised New Zealanders that he would abolish this on the basis of being elected into Parliament. Upon his election into Parliament, Muldoon publically announced in a press statement that he encouraged New Zealanders to stop paying the superannuation scheme, as it had been removed. However as Muldoon was Prime minister, making him a member of the executive, he had no legal right in creating or abolishing the law, simply to implement it. Through his actions, Muldoon had violated section 1 of the Bill of Rights 1688 which clearly stated that, "the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of Parliament, is illegal . Muldoon had no right to make such a claim so publicly to the media before undertaking the proper legal process to make the

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