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  • Essay / The role of historical events in the development of New Zealand's constitutional system

    Table of contentsIntroductionThe Treaty of Waitangi: New Zealand's founding documentThe Statute of Westminster: a step towards self-governanceThe constitutional crisis of 1984: a catalyst for changeConclusionReferencesIntroductionThe history of New Zealand has played a central role in the development of its constitutional system. Unlike many other countries, New Zealand does not have a single, well-established document serving as its constitution. Instead, the country's constitutional framework has evolved over time, influenced by historical events and legal developments. This essay examines the historical factors that have contributed significantly to shaping New Zealand's contemporary constitutional system. Three key events particularly stand out in this narrative: the signing of the Treaty of Waitangi in 1840, the adoption of the Statute of Westminster in 1931 and the constitutional crisis of 1984. These pivotal moments in New Zealand's legal history left an indelible mark on the current constitutional framework. Say no to plagiarism. Get a tailor-made essay on 'Why violent video games should not be banned'?Get the original essayThe Treaty of Waitangi: New Zealand's founding documentThe Treaty of Waitangi, signed on February 6, 1840, holds revered status 'New Zealand Founding Treaty' document.' This historic treaty profoundly influenced the trajectory of New Zealand's constitutional development. Before the signing of the treaty, New Zealand existed as a region without established 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 pivotal moment, allowing New Zealand to inherit key constitutional elements from Britain. This important agreement allowed New Zealand to adopt all British laws in force before 1840. Additionally, it provided a platform for the incorporation of British legal principles into New Zealand's emerging 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 Key historical documents like the Magna Carta of 1215 and the Bill of Rights of 1689 shaped the foundations of the English constitutional system. Notably, 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, limiting itself to making findings of fact and recommendations only. However, the Act was amended in 1985 to extend the court's power to investigate treaty violations dating back to 1840. Landmark cases, such as the land case heard by the Court of Appeal in 1987, established the principle according to which if the treaty is mentioned prominently in a legislative text, it prevails over conflicting provisions. This development in jurisprudence in the 1980s marked a crucial phase in the common law interpretation of the Treaty of Waitangi. Thus, although more than a century has 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 step towards self-government The Statute of Westminster, adopted in 1931, constitutes another essential element. in historyNew Zealand's legal system which has contributed significantly to shaping its current constitutional system. The path to parliamentary sovereignty in New Zealand has been gradual but marked by important milestones. The Constitution Act 1852, introduced twelve years after the Treaty of Waitangi, granted New Zealand the power to enact laws for the "peace, order and good governance" of the nation, provided that such laws do not conflict with UK law. , the Validity of Colonial Laws Act was extended.Zealand's legislative powers, enabling it to enact laws beyond the limits of British legislation, provided that such laws did not extend to Great Britain. This gradual progress towards greater independence culminated in the Statute of Westminster in 1931. Surprisingly, New Zealand was initially reluctant to adopt this statute. Few New Zealanders sought greater independence, fearing that it would weaken the unity of the British Empire and disrupt cultural and economic ties with Britain. Prime Minister Gordon Coates openly called the statute a “poison document”. Nevertheless, the Statute of Westminster, passed by the British Parliament, formally abolished Britain's right to legislate for the dominions. The adoption of this status in New Zealand was delayed until 1947 as the country was preoccupied with significant world 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. When the war ended in 1945, New Zealanders began to consider an independent future, moving away from the British sphere of influence. The adoption of the Statute of Westminster in 1947 made New Zealand an independent nation with limited links to Great Britain. This momentous event represented the final step towards parliamentary sovereignty in New Zealand. It has considerably 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 about a possible devaluation of the New Zealand dollar by a 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, with currency speculators anticipating a devaluation if Labor won the election. Muldoon's refusal to devalue the currency, even after losing the election, exacerbated the foreign exchange crisis, as constitutional convention dictated that an outgoing caretaker government must implement the new government's directives. Eventually, threats from members of his own party forced Muldoon to accept the new government's desire to devalue the currency, resulting in a 20% devaluation. The constitutional crisis of 1984 revealed 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 recurring. He established the Committee of Civil Servants on Constitutional Reform to