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Tables of Contents for Bridled Power
Chapter/Section Title
Page #
Page Count
Preface
ix
Acknowledgments
x
Part I GOVERNMENT
1 New Zealand's System of Government
3
19
Introduction
3
1
What is a constitution?
4
2
Some New Zealand constitutional history
6
1
Separation of powers and the Constitution Act 1986
7
2
Unbridled power under first-past-the-post (FPP) system
9
4
MMP and its effects
13
5
A modified process for making decisions
18
3
Summary
21
1
2 Elections
22
17
Introduction
22
1
Voting
23
1
Translating votes into seats: FPP and MMP
23
6
How is an MMP election administered?
29
5
Review of MMP
34
5
3 Forming and Ending Governments
39
13
The formation of a government
39
1
Forming coalition and minority governments
40
1
Coalition and support agreements
41
3
The end of a government
44
1
Caretaker governments
45
7
4 The Monarchy: When Will New Zealand Become a Republic?
52
16
Introduction
52
1
The functions of the Queen and the Governor-General
53
3
The reserve powers
56
5
The republican debate in New Zealand
61
7
Part II EXECUTIVE GOVERNMENT
5 The Prime Minister, Cabinet, and Ministerial Responsibility
68
27
Introduction
68
1
The role of the Prime Minister
68
6
The Prime Minister's office and department
74
2
Ministers, Cabinet, and Cabinet committees
76
9
Ministerial responsibility
85
10
6 The Public Service and Crown Entities
95
23
Introduction
95
1
Departments: What they do
95
2
Chief executives: What they can do
97
4
Public servants: What they should do
101
8
State-Owned Enterprises
109
3
Crown entities and quangos
112
6
7 Public Finance
118
20
Introduction
118
1
Supply and Parliament
118
2
Fiscal responsibility and the Budget process
120
2
Accounting and accountability
122
3
The Controller and Auditor-General and the Audit Office
125
4
Accountability documents
129
9
Part III PARLIAMENT
8 MPs and Other Parliamentary Inhabitants
138
18
Introduction
138
1
The rise and fall of an MP
139
2
List MPs and electorate MPs
141
2
The MP in the community
143
1
The MP in Parliament
144
2
Political party caucuses
146
3
The Speaker
149
1
The Parliamentary Service and Office of the Clerk
150
3
MPs' pay and allowances
153
3
9 What Happens in Parliament
156
25
Introduction
156
2
The functions of Parliament
158
1
What Parliament does
159
2
Voting in Parliament
161
1
Parliamentary questions
161
8
Petitions to Parliament
169
1
Select committees
169
6
Parliamentary privilege
175
6
10 Legislation
181
21
Introduction
181
2
Too much law?
183
5
The legislative process within the Executive
188
5
The legislative process in Parliament
193
4
Select committee scrutiny
197
1
Legislative drafting
198
1
Access to the law
199
3
11 Regulations and Red Tape
202
26
What are regulations?
202
5
Why do we have regulations?
207
2
Lest we forget...
209
3
Cabinet and regulations
212
1
Parliament and regulations
213
5
The growth of rules required to be treated as regulations
218
4
Regulations in the courts
222
3
Regulations under MMP
225
3
Part IV RESTRAINTS ON GOVERNMENT
12 Public Opinion and Information
228
18
Introduction
228
1
Official information
229
8
The media
237
3
Lobbying
240
3
Citizens-initiated referenda
243
3
13 Local Government
246
16
Local government in the past
246
2
Local government in the present
248
5
What local government does
253
3
The accountability of local government
256
2
Other public law checks on local government
258
2
The future
260
2
14 Avenues for Complaint
262
23
Introduction
262
1
Parliament
263
3
Ombudsmen
266
4
Police Complaints Authority
270
2
The Human Rights Commission and the Race Relations Commissioner
272
4
The Privacy Commissioner
276
4
The Parliamentary Commissioner for the Environment
280
1
The Health and Disability Commissioner
281
2
The Children's Commissioner
283
2
15 The Courts
285
31
What courts do
285
1
Courts and the Constitution
286
3
Administrative law
289
6
Judicial independence and accountability
295
5
The Privy Council and Supreme Court
300
6
The relevance of courts to people
306
2
Royal Commissions and Commissions of Inquiry
308
4
Administering the courts system: Executive v. Judiciary
312
4
16 The New Zealand Bill of Rights Act 1990
316
17
Introduction
316
3
The debate about enacting a Bill of Rights Act
319
5
The practical effects of the Bill of Rights Act
324
3
The Bill of Rights Act in the courts
327
4
Assessment
331
2
17 The Treaty of Waitangi
333
16
Introduction
333
1
What is the Treaty of Waitangi?
333
3
The Waitangi Tribunal and Treaty claims
336
2
Settling Treaty claims
338
6
Contemporary claims: Ongoing relationships
344
2
The constitutional place of the Treaty
346
3
18 International Law
349
19
Introduction
349
1
The nature of international law
350
3
The sources of international law
353
4
Making treaties
357
3
Mechanisms for settling international disputes
360
3
International law and New Zealand law
363
5
Part V FUTURE GOVERNMENT
19 Where Next?
368
17
The changed nature of politics under MMP
368
6
Assessing MMP
374
11
Appendix: (A Possible) Constitution Act of New Zealand
385
16
Index
401