The significance of the franchise : democratic choices and the New Zealand electoral system

Abstract

Over centuries, effective power shifted from the Crown to a Cabinet which commanded the confidence of elected members of parliament in the English constitutional system. The electoral processes thus became crucial to the Westminster system of constitutional government. The basic structure was replicated, with important variations, in New Zealand. From the first New Zealand constitution in 1846, the nature of the franchise was to be established and legitimised in New Zealand's government. This thesis traces the development of the franchise from its earliest roots to the latest changes made as a result of the New Zealand Electoral Act 1993. It argues that the process of transplanting the electoral system of England to New Zealand was extremely difficult, because of the property basis for the franchise. This was particularly problematic for Maori voting. This thesis argues that, contrary to the Report of the Royal Commission into the Electoral System 1986, the fundamental right to vote in a manner which is consistent with the Westminster constitutional heritage, may require a reconsideration of the Electoral Act 1993 in some key aspects.