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Presentation
The Place of the Judiciary in the Constitutional Culture of New Zealand
Symposium on Australasian Constitutionalism, Centre for Comparative Constitutional Studies (2013)
  • Matthew S. R. Palmer, QC
Abstract

New Zealand constitutional culture is dominated by the political branches of government: representative democracy and parliamentary sovereignty are perhaps the two most fundamental New Zealand constitutional norms. The judiciary has historically occupied an inferior, residual role with a relatively inaudible voice in constitutional dialogue. Against this context the paper explores the position of the judiciary in contemporary New Zealand constitutional culture. It concludes that it would take a striking judicial decision, consistent with public opinion, against government action, to invigorate popular support for the judicial branch of government. The normative prescription for the institutional health of the judicial branch is to do its job without fear or favour.

Keywords
  • Constitutional culture,
  • Judiciary,
  • rule of law,
  • New Zealand constitution
Publication Date
December 13, 2013
Citation Information
Matthew S. R. Palmer. "The Place of the Judiciary in the Constitutional Culture of New Zealand" Symposium on Australasian Constitutionalism, Centre for Comparative Constitutional Studies (2013)
Available at: http://works.bepress.com/matthew-palmer/39/