Australia Oceania

666 by W. C. Watt

By W. C. Watt

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Revolutionary change is legally validated by its general effectiveness without regard to the moral or ideological values of the successful revolutionaries. Identifying the basic norm of the English or the New Zealand legal order is a complex matter, involving in each case a statement of the supremacy of Parliament (that is, of the Crown in Parliament, in the exact phrase) as well as of the present monarchical base of the constitution and of the authority of the common law. 34 We consider later the revolutionary processes by which, successively, the paramount force of the British imperial Crown was asserted over the tribal organization of Maori and the tribal basic norms replaced,35 and the imperial Crown divided (so that the Crown in right of New Zealand assumed the obligations incurred by the unitary Crown under the Treaty of Waitangi).

Identifying the basic norm of the English or the New Zealand legal order is a complex matter, involving in each case a statement of the supremacy of Parliament (that is, of the Crown in Parliament, in the exact phrase) as well as of the present monarchical base of the constitution and of the authority of the common law. 34 We consider later the revolutionary processes by which, successively, the paramount force of the British imperial Crown was asserted over the tribal organization of Maori and the tribal basic norms replaced,35 and the imperial Crown divided (so that the Crown in right of New Zealand assumed the obligations incurred by the unitary Crown under the Treaty of Waitangi).

Informed participation in debate is essential to New Zealanders’ effective performance of their role of citizen and the ability thereby to influence events. Otherwise, decisions will be made by default, without proper consideration and balancing of the competing values and priorities that are the stuff of a complex society. That way lies the repetition of past error and its grief, which is not yet behind us. This substantial and readable work offers New Zealanders an alternative to such a course.

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