thesis_access.pdf (1.03 MB)
Download fileA Constitution for Aotearoa in the context of Parliamentary Sovereignty
thesis
posted on 2021-11-23, 14:05 authored by Zerbst, JannikThis 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.
History
Copyright Date
2018-01-01Date of Award
2018-01-01Publisher
Te Herenga Waka—Victoria University of WellingtonRights License
Author Retains CopyrightDegree Discipline
LawDegree Grantor
Te Herenga Waka—Victoria University of WellingtonDegree Level
MastersDegree Name
Master of LawsANZSRC Type Of Activity code
1 PURE BASIC RESEARCHVictoria University of Wellington Item Type
Awarded Research Masters ThesisLanguage
en_NZVictoria University of Wellington School
School of LawAdvisors
Colin-Rios, JoelUsage metrics
Categories
Keywords
Parliamentary sovereigntyConstitutionConstituent powerEntrenchmentConstitution-makingConstitutional amendmentEternity clausesSchool: School of Law180108 Constitutional Law180106 Comparative Law940405 Law ReformDegree Discipline: LawDegree Level: MastersDegree Name: Master of LawsComparative LawConstitutional Law