On this page: Show
The branches of GovernmentNew Zealand has three branches of Government:
The three branches operate independently from one another, a principle known as the ‘separation of powers’. This principle is intended to prevent abuses of power, as each branch acts as a check on the others. Judicial independenceJudges are independent from the other branches of Government and from each other. Judges must be free to determine each case according to the law, based on the evidence presented in court. This means that judges must be free from influence from every person including, but not limited to, the Governor-General, Members of Parliament (including Ministers) and Government officials. Judicial decisions can be appealed to a senior court, as long as the relevant legislation allows this. The Supreme Court of New Zealand is the final court of appeal. Court staff are also independent when exercising their statutory powers as registrars or deputy registrars of the court, such as deciding whether or not to grant an application for waiver of fees. The decisions of registrars and deputy registrars can be reviewed by a High Court judge if an application is made under the High Court Rules. The role of the Judicial Conduct CommissionerThe Judicial Conduct Commissioner deals with complaints about the conduct of judges. The Judicial Conduct Commissioner cannot investigate complaints about judicial decisions; judicial decisions can only be reviewed through the appeal or judicial review processes provided for in legislation. More information can be found on the Judicial Conduct Commissioner’s website(external link). Parliamentary sovereigntyThe Judiciary cannot interfere with decisions of Parliament (the Legislature), such as the decision to pass a law. However, the Judiciary can review the actions of the Executive to see whether they acted within the powers given to them by legislation. This is called judicial review. More information about Parliament can be found on Parliament’s website(external link). Back to top
These conversations among the students are called Crossfire Discussions or Crossfires because they stimulate debate. One of the learning objectives of this exercise is to give students more experience with civil discourse on controversial topics. The students do independent research on their topic in preparation for their Constitutional Crossfire Discussion. Students are organized into Crossfire Discussion groups according to their interest in the following topics:
Rules of CivilityDuring this exercise, Crossfire Discussion group members are to exercise civility toward each other. Students must wait to be recognized by the student moderator before speaking. No one else is to speak to the group or to other individuals when another student has the floor. Participants are expected to 1) listen to the positions taken by others; 2) ask clarifying questions of others; and 3) build on, agree, or disagree with the previous speakers' comments. Students are not to make disparaging remarks about others. Although heated debate is to be expected (and, to an extent, encouraged), the conversation should not devolve into sarcastic or disrespectful remarks, inappropriate facial expressions, or personal comments of any kind. Positions should be supported by evidence, not emotion. Guidelines for Making a Legal ArgumentStudents are to base their arguments on their legal research. They should provide a legally sound reason for their arguments and not simply assert their personal feelings. To make a legally sound argument, students should connect their statements to appropriate Constitutional provisions, court cases, and/or laws. Participants may bolster their position by comparing and contrasting the facts of two or more cases. If no specific legal authority can be cited, then students are encouraged to put forth their own opinions, but they should base their position on logic and provide other relevant supporting materials. In short, arguments should be grounded in logic, not emotion. Constitution Day: Crossfire Discussion QuestionsThe Importance of a Written Constitution
Separation of Powers
Federalism
Individual Rights
DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation. |