Question

Select the two statements which are TRUE in relation to why New Zealand does not have a strict separation of powers?

Group of answer choices

a. New Zealand does not have a strict separation of powers because the Governor General must give Royal Assent to any legislation passed by Parliament.

b. New Zealand does not have a strict separation of powers because the Prime Minister and other Government ministers are members of Parliament.

c.New Zealand does not have a strict separation of powers because the Executive overlaps with the Legislature.

d.New Zealand does not have a strict separation of powers because New Zealand does not have a constitutional court that can determine that Parliament is passing legislation which is unconstitutional.

e.New Zealand does not have a strict separation of powers because New Zealand does not have a written constitution.

f.New Zealand does not have a strict separation of powers because of the doctrine of parliamentary supremacy.

g.New Zealand does not have a strict separation of powers because the Courts can use the Golden Rule to add into words to legislation.

Answer 1

New Zealand does opt for separation of power. There are 3 arms of the New Zealand government – the judiciary, the executive as well as the legislature. The judiciary is nothing but the Courts of the country. Executive defines the government while the legislature indicates the Parliament.

The separation of power is mostly on power and is not practiced in real life in New Zealand. The primary reason behind this is that the functionality of the executive and the legislature becomes overlapping in various dimensions and hence a clear distinction is not maintained. Moreover separation of power is done so that the 3 arms of government have defined and equal powers. However in New Zealand, the Parliament i.e. the legislature is given supreme power and can easily override the decisions of the executive as well as the judiciary.

Answer: Option c and Option f