Framework of Law (B s4)
Tuesday, 27 August 2013
12:51 p.m.
Constitutional Doctrines
Parliamentary Supremacy is the doctrine that states that Parliament has plenary power. 
judicial subordination to Parliament: courts must follow relevant acts, statutes or legislations as passed by Parliament.
Prerogative powers are now mostly ceremonial and traditional powers have been removed by Parliament through the Bill of Rights 1688 (UK) and Constitution Act 1986 (NZ).
Rule of law
nobody is above the law; everybody is subject to the same law.
does not affect the power of Parliament, which still holds Parliamentary sovereignty.
concept of due process - fair trials must be given for offenders.
retrospection: something cannot be made illegal retrospectively.
Separation of powers
separate institutions carry out functions of government: 
the legislature makes the law,
the judiciary interprets the law,
and the executive implements the law.
separation of powers prevents individual powers from becoming too powerful.
Constitutional conventions
A convention is a non-legal rule of a political or constitutional nature. It is non-justicable. 
Examples of conventions include:
the caretaker convention -- newly-elected governments cannot be influenced by previous governments.
the Governor-General always gives the Royal Assent to turn bills into acts.
amity between branches of government.