La Ley

The New Zealand Constitution, based upon the model of England’s Constitution, functions in conjunction with several constitutional conventions that allow New Zealand government to coexist mutually alongside a representative democracy. Through specific constitutional conventions, particular features allow for checks and control between the Governor-General and Cabinet, and the House ofRepresentatives and Cabinet. This essay will primarily explore the specific conventions that allow for these checks and the effects they have upon the relationship between the Governor-General and Cabinet. Subsequently, Cabinet’s dependency on the voter in order to govern will be discussed, objectively demonstrating the reconciliation of New Zealand as part of a constitutional monarchy with a representativedemocracy.

The reigning monarch acts a New Zealand’s head of state and is nationally represented by the Governor-General. Although the Governor-General, the representative of the reigning monarch, is head of state, the real power in New Zealand is possessed by politicians in Cabinet. Governmental power is symbolically vested in the Governor-General, however as the Governor-General acts on theadvice of ministers of Cabinet, Cabinet essentially dictates law making, thus defining the essence of a constitutional monarchy and exemplifying the jurisdiction Cabinet has upon the Governor-General.
The Governor-General possesses the formal ability to make laws through the reserve powers. Specific reserve powers allow the Governor-General to appoint and dismiss a prime minister, dissolve andrefuse to dissolve Parliament, and also to refuse to assent to legislation. The use of these powers however, is generally quite atypical due to several constitutional conventions which prevent the Governor-General from being an influential figure in the New Zealand legal system. Through conventions such as the Governor-General acting on the advice of ministers, it is evident how theGovernor-General must act consistently with Cabinet government. Despite the advice and recommendations not being legally binding, they have very powerful force and influence upon the Governor-General. The role of the Governor-General is seen as one of a largely symbolic nature due to the reality that the exercising of the reserve powers is comparatively uncommon. Through this convention one can recognise thereconciliation of New Zealand as part of a constitutional monarchy yet with a representative democracy.

Cabinet is comprised of the Prime Minister and Ministers and is considered to be the veritable head of the Executive in New Zealand. Cabinet itself exists by constitutional convention, and cannot be found in any formal constitutional doctrine or statute. The constitutional conventions in NewZealand have been formulated as a result of recurrent practice and have become common custom in New Zealand government. As a convention, Cabinet is very flexible and is able to adapt with facility to the relentlessly altering system of law in New Zealand. This is seen to be a great advantage in ensuring that Cabinet is not confined by the restrictions of statute, precedent and New Zealand law.Despite the fact that New Zealand is a constitutional monarchy, with the reigning monarch as the head of state, the Legislature possesses the real power in New Zealand government as seen through their ability to pass any legislation they choose. This is referred to as parliamentary supremacy and is an indispensable constitutional concept, rudimentary to the functioning of New Zealand’s Constitution.As part of the New Zealand Mixed Member Proportional system of government, the Legislature and the voter can be essentially viewed as the same body through the way in which the elective system works. Under the Mixed Member Proportional system, the voter is given two votes; one for the electorate and the second, a party vote, which reflects the amount of seats in the House of Representatives with...