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Constitution Act 1986
The Constitution Act 1986 is an Act of the New Zealand Parliament that forms a major part of the constitution of New Zealand. It lays down the framework defining fundamental political principles of governance, and establishes the powers of the executive, legislative and judicial branches of state. It outlines the roles and duties of the monarch, the governor-general, ministers and judges. The Act repealed and replaced the New Zealand Constitution Act 1852 and the Statute of Westminster, and removed the ability of the British Parliament to pass laws for New Zealand with the consent of the New Zealand Parliament. Background 1984 constitutional crisis After the 1984 election there was an awkward transfer of power from the outgoing Third National government to the new Fourth Labour government in the midst of a financial crisis. Outgoing Prime Minister Sir Robert Muldoon was unwilling initially to accept instructions from incoming Prime Minister David Lange to devalue the curr ...
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New Zealand Parliament
The New Zealand Parliament () is the unicameral legislature of New Zealand, consisting of the Monarchy of New Zealand, Sovereign and the New Zealand House of Representatives. The King is usually represented by his Governor-General of New Zealand, governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865 and in its Parliament House, Wellington, current building since 1922. The House of Representatives normally consists of 120 members of Parliament (MPs), though sometimes more due to overhang seats. There are 72 MPs elected directly in New Zealand electorates, electorates while the remainder of seats are assigned to list MPs based on each List of political parties in New Zealand, party's share of the total party vote. Māori people, Māori were represe ...
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Caretaker Government
A caretaker government, also known as a caretaker regime, is a temporary ''ad hoc'' government that performs some governmental duties and functions in a country until a regular government is elected or formed. Depending on specific practice, it consists of either randomly selected members of parliament or outgoing members until their dismissal. Caretaker governments in representative democracies are usually limited in their function, serving only to maintain the '' status quo'', rather than truly govern and propose new legislation. Unlike the government it is meant to temporarily replace, a caretaker government does not have a legitimate mandate (electoral approval) to exercise aforementioned functions. Definition Caretaker governments may be put in place when a government in a parliamentary system is defeated in a motion of no confidence, or in the case when the house to which the government is responsible is dissolved, to be in place for an interim period until an electi ...
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New Zealand House Of Representatives
The House of Representatives () is the Unicameral, sole chamber of the New Zealand Parliament. The House passes Law of New Zealand, laws, provides Ministers in the New Zealand Government, ministers to form the Cabinet of New Zealand, Cabinet, and supervises the work of government. It is also responsible for adopting the state's New Zealand Budget, budgets and approving the state's accounts. The House of Representatives is a Representative democracy, democratic body consisting of representatives known as members of parliament (MPs). There are normally 120 MPs, though there are currently 123 due to an Overhang seat, overhang. Elections in New Zealand, Elections take place usually every three years using a mixed-member proportional representation system, which combines First-past-the-post voting, first-past-the-post elected legislative seat, seats with closed party lists. 72 MPs are elected directly in single-member New Zealand electorates, electoral districts and further seats ar ...
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Executive Council Of New Zealand
The Executive Council of New Zealand () is the full group of " responsible advisers" to the governor-general, who advise on state and constitutional affairs. All government ministers must be appointed as executive councillors before they are appointed as ministers; therefore all members of Cabinet are also executive councillors. The governor-general signs a warrant of appointment for each member of the Executive Council, and separate warrants for each ministerial portfolio. To be an executive councillor, one must normally be a member of Parliament (this was codified in the Constitution Act of 1986). However, one may serve up to thirty days without being in Parliament; this is to allow for the transition of members not yet sworn in and members who have retired or been defeated. Each executive councillor must take the relevant oaths or affirmations set out in legislation. Origin The Executive Council of New Zealand was first constituted in 1840 by proclamation of Governo ...
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Royal Succession Act 2013
The Royal Succession Act is an act of the New Zealand Parliament to alter the laws of succession to the New Zealand throne. Compared to the Canadian Succession to the Throne Act, 2013 which merely assented to the British Succession to the Crown Act 2013, this legislation effectively re-legislated the effects of the British act. Background On 28 October 2011, at the Commonwealth Heads of Government Meeting held in Perth, Western Australia, the heads of government of the 16 Commonwealth realms, which share Elizabeth II as head of state, announced that they would introduce legislation in all 16 countries to end the primacy of males over females and the disqualification of persons married to Catholic spouses in the succession to the Crown. In a letter to the other realms' heads of government, prior to the Perth Agreement, British Prime Minister David Cameron additionally proposed to limit the requirement to obtain the monarch's permission to marry to the first six people in li ...
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Imperial Laws Application Act 1988
The Imperial Laws Application Act 1988 is an important part of New Zealand's uncodified constitution. The Act applies certain enactments of the Parliament of the United Kingdom and its predecessors, rulings of the Judicial Committee of the Privy Council and English common law into New Zealand law. Background The 2nd New Zealand Parliament passed the English Laws Act 1858, which affirmed the application of statutes of the Parliament of the United Kingdom and its predecessors to New Zealand law. Key provisions The Act provides that after its commencement, no Imperial enactments or subordinate legislation not listed in the Schedules of the Act are part of New Zealand law. The First and Second Schedules to the Act lists the Imperial Acts which are part of New Zealand law. The Act also provides that the common law of England (including the principles and rules of equity), so far as it was part of the laws of New Zealand immediately before the commencement of the Act, continue ...
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Act Of Settlement 1701
The Act of Settlement ( 12 & 13 Will. 3. c. 2) is an act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, became disqualified to inherit the throne. This had the effect of deposing the remaining descendants of Charles I, other than his Protestant granddaughter Anne, as the next Protestant in line to the throne was Sophia of Hanover. Born into the House of Wittelsbach, she was a granddaughter of James VI and I from his most junior surviving line, with the crowns descending only to her non-Catholic heirs. Sophia died less than two months before Queen Anne, and Sophia's son succeeded to the throne as King George I, starting the Hanoverian dynasty in Britain. The Act of Supremacy 1558 ( 1 Eliz. 1. c. 1) had confirmed the independence of the Church of England from Roman Catholicism under the English monarch. One of th ...
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Regency
In a monarchy, a regent () is a person appointed to govern a state because the actual monarch is a minor, absent, incapacitated or unable to discharge their powers and duties, or the throne is vacant and a new monarch has not yet been determined. The rule of a regent or regents is called a regency. A regent or regency council may be formed ''ad hoc'' or in accordance with a constitutional rule. ''Regent'' is sometimes a formal title granted to a monarch's most trusted advisor or personal assistant. If the regent is holding the position due to their being in the line of succession, the compound term ''prince regent'' is often used; if the regent of a minor is their mother, and she is wife or widow of the king, she would be referred to as ''queen regent''. If the formally appointed regent is unavailable or cannot serve on a temporary basis, a may be appointed to fill the gap. In a monarchy, a regent usually governs due to one of these reasons, but may also be elected to ru ...
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Australia Act 1986
The ''Australia Act 1986'' is the short title of each of a pair of separate but related pieces of legislation: one an act of the Parliament of Australia, the other an act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the ''Australia Act 1986'' (Cth) and the ''Australia Act 1986'' (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling acts passed by the parliaments of every Australian state. The acts came into effect simultaneously, on 3 March 1986. According to the long title of the Australian act, its purpose was "to bring constitutional arrangements affecting the Commonwealth and the States into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation". The Australia Act (Cth and UK) elimin ...
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Canada Act 1982
The Canada Act 1982 (1982 c. 11) () is an act of the Parliament of the United Kingdom and one of the enactments which make up the Constitution of Canada. It was enacted at the request of the Senate and House of Commons of Canada to patriate Canada's constitution, ending the power of the British Parliament to amend the constitution. The act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request. Annexed as Schedule B to the act is the text of the ''Constitution Act, 1982'', in both of Canada's official languages (i.e. English and French). Because of the requirements of official bilingualism, the body of the ''Canada Act'' itself is also set out in French in Schedule A to the act, which is declared by s. 3 to have "the same authority in Canada as the English version thereof". History Canada's modern political his ...
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Constitution Act, 1982
The ''Constitution Act, 1982'' () is a part of the Constitution of Canada.Formally enacted as Schedule B of the '' Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of the ''Constitution Act, 1982'' states that the Act may be called the "''Constitution Act, 1982''", and that the ''Constitution Acts'' can be collectively called the "''Constitution Acts, 1867 to 1982''". The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the ''British North America Act, 1867'', including re-naming it the ''Constitution Act, 1867''.Section 1 of the ''British North America Act, 1867'' was amended to be re-named as the ''Constitution Act, 1867.'' Section 20 of the ''Constitution Act, 1867'' was repealed and replaced by section 5 of the Canadian Charter of Rights and Freedoms; and sections 91(1) and 92(1) were repealed: ''Constitution Act, 1982'', s. 53 and Schedule, Item 1. A new section, s. 92A, was al ...
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Patriation
Patriation is the political process that led to full Canadian sovereignty, culminating with the '' Constitution Act, 1982''. The process was necessary because, at the time, under the '' Statute of Westminster, 1931'', and with Canada's agreement, the British Parliament retained the power to amend Canada's '' British North America Acts'' and to enact, more generally, for Canada at the request and with the consent of the Dominion. That authority was removed from the UK by the enactment of the '' Canada Act, 1982'', on March 29, 1982, by the Parliament of the United Kingdom, as requested by the Parliament of Canada. A proclamation bringing the ''Constitution Act, 1982'', into effect was signed by Elizabeth II, as Queen of Canada, Prime Minister Pierre Trudeau, and Minister of Justice Jean Chrétien on April 17, 1982, on Parliament Hill in Ottawa. The patriation process saw the provinces granted influence in constitutional matters and resulted in the constitution being amendab ...
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