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Constitutional Conventions in New Zealand
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Constitutional Conventions in New Zealand

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Questions and Answers

What is the primary purpose of the 'conduct rule' in law?

  • To guide people's conduct (correct)
  • To create controversies
  • To elaborate on the meaning of the rule
  • To deceive the public
  • What is a key aspect of 'Plato's noble lie'?

  • Acceptance by enough of the governed (correct)
  • Ensuring that all citizens know the truth
  • Exposing fake news in democracies
  • Maintaining power through deception
  • What role do constitutions play in maintaining legitimacy according to the text?

  • Deceiving the disadvantaged
  • Aligning with reality and truth
  • Creating controversies
  • Adjusting plausibility mechanisms (correct)
  • What has undermined the plausibility of the 'noble lie' according to the text?

    <p>Development of corporations as people</p> Signup and view all the answers

    In the context of law, what does 'acoustic separation' refer to?

    <p>Separating internal realm from external realm of law</p> Signup and view all the answers

    What does 'decision rules' primarily focus on in law according to the text?

    <p>&quot;Creating law&quot; rules</p> Signup and view all the answers

    How does the text suggest that constituions should align?

    <p>As close as possible with reality and truth</p> Signup and view all the answers

    What is highlighted as crucial for the sustainability of governing institutions?

    <p>&quot;Plausibility of the story we tell&quot;</p> Signup and view all the answers

    'The advantaged have found enough plausibility through their advantage.' This statement implies that:

    <p>'The advantaged benefit from their advantage.'</p> Signup and view all the answers

    'For a government to be effective, there must be a story which is accepted by (enough of) those governed as to the legitimacy of its authority (& power).' The function of this story is best described as:

    <p>'Sustaining plausibility'</p> Signup and view all the answers

    What is the main reason why constitutional convention is considered more important than a written document?

    <p>It gives power to the legal document</p> Signup and view all the answers

    In constitutionalism, what does the concept focus on regarding the state's institutions?

    <p>The powers and functions of the institutions</p> Signup and view all the answers

    What does the concept of 'legal fiction' in law refer to?

    <p>Untrue stories that are presented as if they are true in law</p> Signup and view all the answers

    Why are some deceptions in law unavoidable according to the text?

    <p>Because absolute truth is difficult to ascertain</p> Signup and view all the answers

    What does the concept of 'constitutional arrangement' in New Zealand entail?

    <p>The structure and functioning of state institutions</p> Signup and view all the answers

    What is one key aspect covered by constitutionalism according to the text?

    <p>The relationship between individual rights and the state</p> Signup and view all the answers

    What is the purpose of some untrue stories mentioned in the text?

    <p>To serve a particular purpose</p> Signup and view all the answers

    Why does the loss of plausibility in stories threaten the stability of law?

    <p>It affects the belief in authority</p> Signup and view all the answers

    What is a core purpose of the mechanisms designed to protect the plausibility of stories, as mentioned in the text?

    <p>To maintain the stability of law</p> Signup and view all the answers

    How is law described in relation to power in the text?

    <p>Law is a mechanism for power</p> Signup and view all the answers

    What does constitutionalism primarily focus on?

    <p>Taming and managing power</p> Signup and view all the answers

    Which term best describes the concept that state power is bounded by obligatory rules according to the text?

    <p>Constitutionalism</p> Signup and view all the answers

    'Primary Rules' in a legal system are primarily focused on governing what aspect of conduct?

    <p>Everyday conduct</p> Signup and view all the answers

    'Secondary Rules' in legal systems focus on what core aspect according to the text?

    <p>Deciding on changes to primary rules</p> Signup and view all the answers

    'Rule of Recognition' in constitutionalism is primarily concerned with:

    <p>'What counts as law'</p> Signup and view all the answers

    'Legitimacy' plays a central role in which aspect of constitutionalism?

    <p>'Regularizing exercises of state power'</p> Signup and view all the answers

    Study Notes

    Truth and Deception in Law

    • Truth is not always achievable in law, and some deceptions are necessary for the system to function.
    • Law tells stories that are not entirely true, but these stories are essential for maintaining the legitimacy of the system.

    Constitutionalism and the Noble Lie

    • Constitutionalism depends on a plausible story that aligns with reality as closely as possible.
    • The "noble lie" is a concept that originated with Plato, suggesting that a healthy society requires a clear story about the legitimacy of authority.
    • This story needs to be structured to ensure power is not abused and is used for the common good.
    • The plausibility of the story is crucial to sustaining governing institutions.

    Law's Stories and Fictions

    • Law uses "open fictions" to create an illusion of truth, such as considering corporations as people.
    • These fictions are necessary for the system to function but can be problematic when they undermine the legitimacy of the system.

    Constitutional Arrangements in New Zealand

    • New Zealand has a constitutional arrangement that is considered binding in constitutional convention.
    • Constitutional convention is more important than the fact that the constitution is a written document.
    • Convention is what gives power to the legal document.

    The Structure of Constitutionalism

    • Constitutionalism is about the structure of institutions, use of power, and the rules that govern the system.
    • It encompasses the relationship between the organs of state power, the individual, and the state.

    Power and Authority

    • Power needs authority to be respected, and authority is needed to make power legitimate.
    • The oughtness that makes power seem like authority is essential for maintaining legitimacy.

    Managing Power

    • Limitations on power are necessary to keep it from being abused.
    • Mechanisms are needed to manage abuses of power and ensure legitimacy.

    Constitutionalism as Institutionalised Revolutionism

    • Constitutionalism allows for peaceful revolutions to occur by providing a framework for managing power and change.

    Managing, Wielding, and Taming Power

    • The subject matter of constitutionalism is managing, wielding, and taming power.
    • It is essential to consider how power is distributed and controlled.

    The State and Constitutionalism

    • The creation and legitimacy of the state depend on the treaty and the sense of oughtness to comply.
    • The state's power is constrained by rules and the relationship between citizens, the state, and power.

    Primary and Secondary Rules

    • Primary rules govern everyday conduct, while secondary rules determine what the primary rules are and how they are made and enforced.
    • Secondary rules provide a framework for interpreting primary rules and settling disputes.

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    Description

    Explore the importance of constitutional conventions in New Zealand, where arrangements are considered binding even without a single written document. Learn how conventions give power to legal documents by ensuring respect and adherence by the people. Delve into the significance of constitutionalism in shaping the state's institutions.

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