The Independent
September 17, 2003
Govt exploits our lack of a constitution
New
Zealand desperately needs a constitutional debate.
by Brendon Harr
New Zealanders voted for MMP because they wanted governance based on public
debate and consensus. But it hasn't worked out because the minority Labour
government at every opportunity gathers power for the executive (Prime
Minister and Cabinet), while limiting the power of others, including the
voters.
Labour has taken cronyism to new levels in the public sector; it wants to
appoint the judges. It breaks electoral conventions, like not governing for
the full term. It didn't trust the voters to sort out Duynhoven's mistake,
preferring to manipulate Parliament instead. It ignores the public's plea for
an independent review of the sexual abuse hysteria and Peter Ellis'
conviction.
Labour continues the trend of the executive failing to provide needed
infrastructure for New
Zealand's regions and communities. There
is no chance Giuliani-type local politicians will sort out New Zealand's
cities because the executive jealously guards its power. Labour dictates to
the rest of us that tangata whenua have constitutional status, that the
Treaty of Waitangi is a founding document and that there is a constitutional
partnership between Crown and Maori when the voters have never ratified these
constitutional concepts.
All of this occurs because New Zealand has no constitution; New Zealanders
are protected only by malleable conventions and not by guaranteed freedoms;
there is no sharing of power between an Upper and Lower House; and voters
don't elect a president with the powers of a Governor-General.
Unlike our fellow colonial nations, New Zealand has no state or
provincial governments with guaranteed rights. New Zealanders seem
unconcerned about their lack of constitutional institutions but economists
like Professor Kasper from Australia and Waikato's Professor Enderwick
indicate New Zealand's lack of "constitutional backbone" is the
major reason New Zealand lags behind the Western world.
|