made pursuant to authority delegated by Parliament. In enactng a statute, Parliament provides that some other person or insttuton ― notably the Governor-General in Council (which means, in practce, the government), municipalites, professional bodies (such as the New Zealand Law Society), etc ― to make rules on a certain subject or for a partcular purpose. For example,para 67(2)(c) of the Lawyers and Conveyancers Act 2006 provides that the New Zealand Law Society “make practce rules that are binding on all lawyers or any specifed class of lawyers”. These arerequired because parliament lacks the tme and expertse to enactall legislaton. But the Parliament must always control the scope and growth of delegated legislaton is they are to maintain the concepton of parliamentary sovereignty. Courts will refuse to give efect to delegated legislaton if they fnd that it is not authorized by its enabling statute through JR. RESPONSIBLE GOVERNMENT: conventons of responsible govt- this places the crown (undemocratc) under the politcal control of HoR (democratc) which is a keystone for the consttutonal structure of the ”Westminster model”Establishment of responsible government was a politcal fact, not a legal one. The consttutonal law of the colonies, like that of the UK, provided for an elected legislature and an unelected Crownresponsible government is a set of rules about the relationships between the Crown, its advisors, and Parliament. Because of Crowns undemocratic nature it would be unacceptable for crown to exercise the powers own its own without the assistance of individuals of the colonies.Ministers are responsible to the Parliament and people who elect it, reducing the crowns power to virtually nothing as it is transferred to the ministers.Subsecton 6(1) of the Consttuton Act 1986 provides that “[a] person may be appointed and may hold ofce as a member of theExecutve Council or as a Minister of the Crown only if that personis a member of Parliament.” The only excepton to this rule is in subsecton 6(2), which makes it possible to appoint a minister if he or she was a candidate in an electon immediately before the appointment. Such an appointee can only remain in ofce for 40 days ― unless he or she becomes a member of Parliament in the interim. This excepton makes it possible for a new ministry to assume ofce before the return of the writs afer an electon, and thus before a new Parliament is consttuted and the new ministers can actually become its members. And of course since New Zealand’s Parliament is unicameral, it has no ministers who are members of an appointed or hereditary upper house.Ministers are responsible to Parliament individually and collectvely.Individually: the minister is answerable to parliament for the afairs of his/her department- Egan v Willis: issue was whether the Legislatve Council of NSW was within its rights to atempt to compel a minister who is a member of the council to answer questons by suspending him- in theory individual resp can extendto compel ministers resignaton as the sancton for mismanagement of her portolio.
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Law, Separation of Powers, Parliament, Westminster system, Canadian Charter of Rights and Freedoms