Topic > The role of historical events in shaping New Zealand's constitutional system

IndexIntroductionThe Treaty of Waitangi: New Zealand's founding documentThe Statute of Westminster: a leap towards self-governmentThe 1984 constitutional crisis: a catalyst for changeConclusionReferencesIntroductionHistory of New Zealand has played a vital role in the development of its constitutional system. Unlike many other countries, New Zealand does not have a single, entrenched document that serves as its constitution. Instead, the nation's constitutional framework has evolved over time, influenced by historical events and legal developments. This essay delves into the historical factors that have contributed significantly to the formation of New Zealand's contemporary constitutional system. Three key events, in particular, stand out in this narrative: the signing of the Treaty of Waitangi in 1840, the passing of the Statute of Westminster in 1931 and the constitutional crisis of 1984. These pivotal moments in New Zealand's legal history have left their mark indelible in its current constitutional framework. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essayThe Treaty of Waitangi: New Zealand's founding documentThe Treaty of Waitangi, signed on 6 February 1840, holds the revered status of New Zealand's "founding" document.' This historic treaty profoundly influenced the trajectory of New Zealand's constitutional development. Prior to the signing of the treaty, New Zealand existed as a region without any British legal authority. Although the 1835 Declaration of Independence recognized New Zealand as a British colony, it did not confer sovereignty on Great Britain. The Treaty of Waitangi marked a crucial moment, allowing New Zealand to inherit key constitutional features from Great Britain. This important agreement allowed New Zealand to adopt all British laws in force before 1840. Furthermore, it provided a platform for the incorporation of British legal principles into the emerging New Zealand constitutional system. To understand the evolution of the New Zealand constitution, it becomes imperative to grasp the nuances of English legal history, particularly the perpetual struggle for supremacy between Parliament and the Crown. Key historical documents such as the Magna Carta of 1215 and the Bill of Rights of 1689 laid the foundations of the English constitutional system. In particular, the establishment of the Waitangi Tribunal in the mid-1970s, under the Treaty of Waitangi Act 1975, marked a significant turning point. Initially, the court had limited powers, limited solely to fact-finding and recommendations. However, the law was amended in 1985 to extend the court's scope to investigate treaty breaches dating back to the 1840s. Landmark cases, such as the lands case heard by the Court of Appeal in 1987, established the principle according where if the treaty is mentioned prominently in a legislative act, it takes precedence over conflicting provisions. This development of jurisprudence in the 1980s marked a crucial phase in the common law interpretation of the Treaty of Waitangi. Thus, despite more than a century having passed since its signing, the Treaty of Waitangi continues to exert a significant influence on New Zealand's constitutional system. The Statute of Westminster: a leap towards self-government The Statute of Westminster, approved in 1931, constitutes another fundamental element in New Zealand's legal history which contributed significantly to the formation of its current systemconstitutional. The journey to parliamentary sovereignty in New Zealand has been gradual but marked by significant milestones. The Constitution Act 1852, introduced twelve years after the Treaty of Waitangi, granted New Zealand the authority to make laws for the "peace, order and good government" of the nation, provided these laws did not conflict with British law. , the Colonial Laws Validity Act expanded New Zealand's legislative powers, allowing it to make laws beyond the boundaries of British law, provided that such laws did not extend to Great Britain. This incremental progress towards greater independence culminated in the Statute of Westminster in 1931. Surprisingly, New Zealand initially showed reluctance to adopt this statute. Few New Zealanders sought greater independence, fearing it could weaken the unity of the British Empire and sever cultural and economic ties with Britain. Prime Minister Gordon Coates openly called the statute a "poisonous document". However, the Statute of Westminster, passed by the British parliament, formally abolished Britain's right to legislate for the dominions. The adoption of this statute in New Zealand was delayed until 1947, as the nation was concerned with significant global events, including the Great Depression and World War II. New Zealand's participation in the Second World War, during which it sought support from Britain but found itself vulnerable to attack, contributed to a change in perception. At the end of the war in 1945, New Zealanders began to imagine an independent future, distancing themselves from Britain's sphere of influence. The adoption of the Statute of Westminster in 1947 marked New Zealand as an independent nation with limited ties to Great Britain. This momentous event represented the final step towards parliamentary sovereignty in New Zealand. It has fundamentally reshaped the constitutional landscape of the country. The 1984 constitutional crisis: a catalyst for change The 1984 constitutional crisis was a watershed moment in New Zealand's legal history that triggered significant constitutional developments. The crisis arose from media speculation regarding a possible devaluation of the New Zealand dollar by the new Labor government. When the outgoing Prime Minister, Sir Robert Muldoon, ignored the Reserve Bank's advice to devalue the currency, he exacerbated the economic crisis. In response, he called for a snap election in June 1984. The announcement of the snap election led to a run on the New Zealand dollar, as currency speculators predicted a devaluation if Labor won the election. Muldoon's refusal to devalue the currency, even after losing the election, exacerbated the currency crisis, as the constitutional convention stipulated that an outgoing caretaker government must implement the directives of the incoming government. Ultimately, threats from members of his own party forced Muldoon to accept the incoming government's desire to devalue the currency, resulting in a 20% devaluation. The 1984 constitutional crisis highlighted the uncertainties inherent in New Zealand's constitutional arrangements. Prime Minister David Lange, who took office after the crisis, recognized the need for legal reforms to prevent such situations from happening again. He established the Officers' Committee on Constitutional Reform to examine the New Zealand Constitution Act 1852 and develop rules for the smooth transfer of power after elections. Two reports from this committee ultimately led to the passage of the New Zealand Constitution Act 1986. New Zealand