Constitution Aotearoa - Hopeless dream or possible reality? An analysis of the hurdles facing major constitutional law reform in the New Zealand context

Abstract

Law reform is a complicated endeavor even at the best of times. Large scale constitutional reform then can seem a distant daydream. Sir Geoffrey Palmer and Dr Andrew Butler have undertaken to draft a codified constitution for Aotearoa New Zealand in an attempt to make that dream a possible reality. This paper looks at the core features of the draft constitution and highlights aspects of the proposal which may throw up hurdles in the reform process to be followed when attempting to pass the constitution into law. The key issues fall into two categories: those relating to legality and those relating to legitimacy. Ultimately issues of legality such as the propriety manner and form provisions, entrenchment and supreme law can be overcome. However, issues of legitimacy are at the crux of constitutional law reform. In order to produce a constitutional text which carries political legitimacy an extensive programme of public engagement must be undertaken, including educative elements as well as consultative elements which utilise new technologies as much as possible in order to engage as many communities across New Zealand as possible. While constitutional reform is possible, the actual reform process itself is instrumental in whether the vision will ultimately succeed or fail.