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The power to propose: An analysis of the government's financial veto

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Date

2017

Journal Title

Journal ISSN

Volume Title

Publisher

Te Herenga Waka—Victoria University of Wellington

Abstract

This paper explores the financial veto procedure established in the Standing Orders of the House of Representatives of New Zealand. The paper historically situates the financial veto by considering the traditional division of authorising power in public finance. It then sketches an outline of the financial veto, while noting that the scope of the financial veto is not entirely clear. The paper finds that the financial veto runs contrary to democratic principles; a proportionality analysis is used to determine that the procedure is an unjustified limitation on those principles. The abolition of the financial veto procedure is recommended, but alternative options for reform are also briefly considered.

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Keywords

Constitutional law, Parliamentary procedure, Financial initiative of the crown, Government's financial veto, Public finance, Fiscal responsibility

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