Constitutional Convention Quiz: New Zealand Governance

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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?

Development of corporations as people Signup and view all the answers

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

Separating internal realm from external realm of law Signup and view all the answers

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

"Creating law" rules Signup and view all the answers

How does the text suggest that constituions should align?

As close as possible with reality and truth Signup and view all the answers

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

"Plausibility of the story we tell" Signup and view all the answers

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

'The advantaged benefit from their advantage.' 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:

'Sustaining plausibility' Signup and view all the answers

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

It gives power to the legal document Signup and view all the answers

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

The powers and functions of the institutions Signup and view all the answers

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

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

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

Because absolute truth is difficult to ascertain Signup and view all the answers

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

The structure and functioning of state institutions Signup and view all the answers

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

The relationship between individual rights and the state Signup and view all the answers

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

To serve a particular purpose Signup and view all the answers

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

It affects the belief in authority 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?

To maintain the stability of law Signup and view all the answers

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

Law is a mechanism for power Signup and view all the answers

What does constitutionalism primarily focus on?

Taming and managing power Signup and view all the answers

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

Constitutionalism Signup and view all the answers

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

Everyday conduct Signup and view all the answers

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

Deciding on changes to primary rules Signup and view all the answers

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

'What counts as law' Signup and view all the answers

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

'Regularizing exercises of state power' 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.

Constitutional Conventions in New Zealand

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