posted on 2021-11-23, 14:05authored byZerbst, Jannik
This dissertation argues that human rights and constitutional amendment provisions should be entrenched eternally in the course of adopting a formal constitution in New Zealand. This would prevent abuses of powers within state institutions and provide sufficient protection to basic human rights. The constituent power, which consists of parliament and the electorate, can bind the ordinary parliament through the entrenchment of certain provisions in a formal constitution. The doctrine of parliamentary sovereignty would not be breached if this doctrine is understood to only apply to parliament when acting as an ordinary legislature.