An Obligation to Ask: A Constitutional Convention for Constitutional Referendums in New Zealand

Abstract

In New Zealand, Parliament has broad legal powers to make changes of a constitutional nature. However, the practice of New Zealand’s politicians appears to point towards a convention that they will only exercise this power with the consent of the voting public. This paper argues that the referendums on the term of Parliament and the voting system indicate the political actors feel an obligation to ask the public when decisions are of constitutional significance. The rhetoric surrounding the creation of the New Zealand Supreme Court in 2003 reinforces this perception. This paper discusses these experiences and concludes that in New Zealand there is a constitutional convention that issues of constitutional significance are put to a referendum. The issues included within this convention include alterations to the relationship between Parliament and the people, changes to Parliaments’ powers and issues that directly relate to sovereignty. The nature and scope of this convention accords with past practice in New Zealand and provide a means of protecting the rights of New Zealand citizens against excessive use of executive or legislative power.