Misplaced Pages

#477522

34-584: The Māori Language Act 1987 was a piece of legislation passed by the Parliament of New Zealand that gave official language status to the Māori language ( te reo Māori ), and gave speakers a right to use it in legal settings such as courts. It also established the Māori Language Commission , initially called Te Komihana Mo Te Reo Maori , to promote the language and provide advice on it. The law

68-434: A judicial branch of government will have the formal power to interpret legislation (see statutory interpretation ); the executive branch of government can act only within the powers and limits set by the law, which is the instrument by which the fundamental powers of government are established. The function and procedures are primarily the responsibility of the legislature. However, there are situations where legislation

102-478: A state , namely, the executive , the parliament or legislature , and the judiciary ; as well as the basic rights of citizens and, in federal countries such as the United States and Canada , the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions , though all such states have a jus commune , or law of

136-540: A class in Constitutional Law during their first year, and several law journals are devoted to the discussion of constitutional issues. The doctrine of the rule of law dictates that government must be conducted according to law. This was first established by British legal theorist A. V. Dicey . Dicey identified three essential elements of the British Constitution which were indicative of

170-482: A constitution establishes a federal state for instance as seen in India, it will identify multiple levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement. Some federal states, most notably the United States, have separate and parallel federal and state judiciaries, with each having its own hierarchy of courts with a supreme court for each state. India , on

204-458: A majority wishes to circumvent them, even if they believe in the moral principle behind the law (e.g., prohibition ). Finally, some laws are unenforced because no mechanism or resources were provided to enforce them. Such laws often become selectively enforced or tacked onto other crimes in the judicial process. Constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within

238-702: A number of international precedents, primarily the Bord na Gaeilge Act 1978 of Ireland , which is cited several times in the legislation, but also the Welsh Language Act 1967 of the United Kingdom, which enabled the use of the Welsh language in Welsh court proceedings. Despite the act, Māori does not have the same status under law as English. For example, tax records must be kept in English unless

272-410: A small fraction of the bills proposed in a given session . Whether a given bill will be proposed is generally a matter of the legislative priorities of the government. Legislation is regarded as one of the three main functions of government, which are often distinguished under the doctrine of the separation of powers . Those who have the formal power to create legislation are known as legislators ;

306-453: Is a constitutional principle deriving from the common law. John Entick 's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that, "The great end, for which men entered into society,

340-534: Is a vital strategy for strengthening public participation and confidence in the legislative process. The term " dead letter " refers to legislation that has not been revoked, but that has become inapplicable or obsolete, or is no longer enforced. In more simpler terms, it means that the legislation is gone. There are several types of dead letter laws. Some laws become obsolete because they are so hateful to their community that no one wishes them to be enforced (e.g., slavery ). Similarly, some laws are unenforced because

374-413: Is above the law...every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals" The third is that the general ideas and principles that the constitution supports arise directly from the judgements and precedents issued by the judiciary. "We may say that the constitution is pervaded by the rule of law on the ground that

SECTION 10

#1732765634478

408-532: Is another instance where a codified constitution, with the Canadian Charter of Rights and Freedoms , protects human rights for people under the nation's jurisdiction. Some countries like the United Kingdom have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of statute , case law and convention . A case named Entick v. Carrington

442-414: Is made by other bodies or means, such as when constitutional law or secondary legislation is enacted. Such other forms of law-making include referendums , orders in council or regulations . The term legislation is sometimes used to include these situations, or the term primary legislation may be used to exclude these other forms. All modern constitutions and fundamental laws contain and declare

476-637: The Māori protest movement . It was also the result of shifts in thinking about the Treaty of Waitangi . By the mid-1980s, the treaty had acquired increased relevance thanks primarily to the Waitangi Tribunal . The act was passed at least in part as a response to Waitangi Tribunal finding that the Māori language was a taonga (treasure or valued possession) under the Treaty of Waitangi. The act also drew on

510-468: The civil law jurisdictions do not share the same constitutional law underpinnings. Common law nations, such as those in the Commonwealth as well as the United States, derive their legal systems from that of the United Kingdom, and as such place emphasis on judicial precedent, whereby consequential court rulings (especially those by higher courts) are a source of law . Civil law jurisdictions, on

544-454: The executive , and the judiciary are known as the horizontal separation of powers. The first and the second are harmonized in traditional Westminster system . Vertical separation of powers is decentralization. Election law is a subfield of constitutional law. It includes the rules governing the process of elections. These rules enable the translation of the will of the people into functioning democracies . Election law addresses issues who

578-673: The Commissioner of Internal Revenue agrees otherwise. The act was amended in 1991 and legislated the Māori Language Commission's name change to Te Taura Whiri I Te Reo Māori . It also slightly expanded the range of legal settings in which Māori could be used, to include bodies such as the Tenancy Tribunal and any Commission of Inquiry . The 1987 act was repealed on 30 April 2016 by section 48 of Te Ture mō Te Reo Māori 2016 / Māori Language Act 2016, which updated

612-643: The European Union which was intended to be included in the Treaty establishing a Constitution for Europe , that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter . These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Canada

646-401: The United Kingdom , rely heavily on uncodified rules, as several legislative statutes and constitutional conventions , their status within constitutional law varies, and the terms of conventions are in some cases strongly contested. Constitutional laws can be considered second order rule making or rules about making rules to exercise power. It governs the relationships between the judiciary,

680-455: The best possible avenues to address problem areas. Possible solutions within bill provisions might involve implementing sanctions , targeting indirect behaviors, authorizing agency action, etc. Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage . Most large legislatures enact only

714-455: The concept and principle of popular sovereignty, which essentially means that the people are the ultimate source of public power or government authority. The concept of popular sovereignty holds simply that in a society organized for political action, the will of the people as a whole is the only right standard of political action. It can be regarded as an important element in the system of checks and balances and representative democracy. Therefore,

SECTION 20

#1732765634478

748-425: The constitution. In bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election . Constitutional law is a major focus of legal studies and research. For example, most law students in the United States are required to take

782-502: The courts as completely independent from both the legislature and law enforcement. Human rights law in these countries is as a result, largely built on legal precedent in the courts' interpretation of constitutional law, whereas that of civil law countries is almost exclusively composed of codified law, constitutional or otherwise. Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter

816-429: The general principles of the constitution... are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts" Separation of powers is often regarded as a second limb functioning alongside the rule of law to curb the powers of the government. In many modern nation states, power is divided and vested into three branches of government: The legislature ,

850-418: The land, that may consist of a variety of imperative and consensual rules. These may include customary law , conventions , statutory law , judge-made law , or international rules and norms . Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for

884-447: The law. As a New Zealand first, there are two versions of the new act, one in Māori and the other in English, with section 12 stating that if there was any conflict in meaning between the two versions, the Māori version would prevail. Legislation Legislation to design or amend a bill requires identifying a concrete issue in a comprehensive way. When engaging in legislation, drafters and policy-makers must take into consideration

918-427: The legislature and the executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a unitary state , the constitution will vest ultimate authority in one central administration and legislature , and judiciary , though there is often a delegation of power or authority to local or municipal authorities. When

952-603: The other hand, has one judiciary divided into district courts, high courts, and the Supreme Court of India . Human rights or civil liberties form a crucial part of a country's constitution and uphold the rights of the individual against the state. Most jurisdictions, like the United States and France , have a codified constitution, with a bill of rights . A recent example is the Charter of Fundamental Rights of

986-407: The other hand, place less emphasis on judicial review and only the parliament or legislature has the power to effect law. As a result, the structure of the judiciary differs significantly between the two, with common law judiciaries being adversarial and civil law judiciaries being inquisitorial . Common law judicatures consequently separate the judiciary from the prosecution, thereby establishing

1020-446: The people are implicitly entitled even to directly participate in the process of law-making. This role of linking citizens and their government and legislators is closely related to the concept of legitimacy. The exercise of democratic control over the legislative system and the policy-making process can occur even when the public has only an elementary understanding of the national legislative institution and its membership. Civic education

1054-400: The rule of law: Dicey's rule of law formula consists of three classic tenets. The first is that the regular law is supreme over arbitrary and discretionary powers. "[N]o man is punishable ... except for a distinct breach of the law established in the ordinary legal manner before the ordinary courts of the land." The second is that all men are to stand equal in the eyes of the law. "...no man

Maori Language Act 1987 - Misplaced Pages Continue

1088-409: The welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, such as the United States , India , and Singapore , constitutional law is based on the text of a document ratified at the time the nation came into being. Other constitutions, notably that of

1122-539: Was enacted as the Maori Language Act 1987 and originally written without macrons . The 1987 act was repealed by section 48 of the Māori Language Act 2016 . However, there were no major changes from the provisions of the old legislation and the 2016 act merely updated the 1987 law with new provisions and language. The act was the result of years of campaigning by Māori, particularly those involved in

1156-452: Was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment." The common law and

#477522