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Questions and Answers
What is the primary purpose of the 'conduct rule' in law?
What is a key aspect of 'Plato's noble lie'?
What role do constitutions play in maintaining legitimacy according to the text?
What has undermined the plausibility of the 'noble lie' according to the text?
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In the context of law, what does 'acoustic separation' refer to?
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What does 'decision rules' primarily focus on in law according to the text?
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How does the text suggest that constituions should align?
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What is highlighted as crucial for the sustainability of governing institutions?
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'The advantaged have found enough plausibility through their advantage.' This statement implies that:
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'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:
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What is the main reason why constitutional convention is considered more important than a written document?
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In constitutionalism, what does the concept focus on regarding the state's institutions?
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What does the concept of 'legal fiction' in law refer to?
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Why are some deceptions in law unavoidable according to the text?
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What does the concept of 'constitutional arrangement' in New Zealand entail?
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What is one key aspect covered by constitutionalism according to the text?
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What is the purpose of some untrue stories mentioned in the text?
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Why does the loss of plausibility in stories threaten the stability of law?
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What is a core purpose of the mechanisms designed to protect the plausibility of stories, as mentioned in the text?
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How is law described in relation to power in the text?
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What does constitutionalism primarily focus on?
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Which term best describes the concept that state power is bounded by obligatory rules according to the text?
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'Primary Rules' in a legal system are primarily focused on governing what aspect of conduct?
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'Secondary Rules' in legal systems focus on what core aspect according to the text?
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'Rule of Recognition' in constitutionalism is primarily concerned with:
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'Legitimacy' plays a central role in which aspect of constitutionalism?
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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.
