Professional Documents
Culture Documents
Learner’s Guide
LEGAL STUDIES
Demonstrate
understanding of
concepts of democracy
and government
Licensed to:
Western Heights High School
2018 - 2a © ATC New Zealand
www.instant.org.nz
i
About this
Learner’s Guide
Learning Purpose & Outcomes
In this guide you will explore key concepts of democracy and government. In particular you will
look at the concepts and characteristics of New Zealand’s government system. You will also look
at the characteristics of some other types of government.
By the end of this guide you will be able to explain:
• different concepts of democracy and government, and how these are applied in New
Zealand and other countries
• different characteristics of democracy and government and how these are expressed in
New Zealand and other countries
• the similarities and differences between New Zealand’s system of government and other
systems of government.
As you work through the guide, there are a number of activities for you to complete. These
include:
• activities to help you make sure you understand the content
• tasks that help you reflect on different political situations throughout the world.
You will need to have access to the Internet or a public library to complete these tasks. Talk to
your teacher if you have difficulty accessing these.
A glossary containing difficult or technical words has been included at the end of this guide.
Words in the glossary are highlighted in the main text.
Useful
Resources
Books
Boast, R., Finn, J., & Spiller, P. (2001). A New Zealand legal history. (2nd ed.). Wellington: Brookers
Ltd.
Palmer, G., & Palmer, M. (2010). Bridled power: New Zealand’s constitution and government. (4th
ed.). Melbourne: Oxford.
Sanders, K., & Scott, P., Webb, D. (2010). The New Zealand legal system: Structures and processes.
(5th ed.). Wellington: LexisNexis.
Websites
Amnesty International http://amnesty.org
BBC News http://bbc.co.uk
Human Rights Watch http://hrw.org
Freedom House http://freedomhouse.org
New Zealand Electoral Commission http://elections.org.nz
New Zealand Herald http://nzherald.co.nz
New Zealand Ministry of Justice http://justice.govt.nz
Statistics New Zealand http://stats.govt.nz
The Constitution Conversation http://ourconstitution.org.nz
The World Justice Project http://worldjusticeproject.org/rule-of-law-index
Wikipedia http://wikipedia.org.nz
Legislation
Bill of Rights Act 1990
Constitution Act 1986
Electoral Act 1993
Human Rights Act 1993
Magna Carta 1297
Treaty of Waitangi 1840
Contents
Review activity 42
Glossary 46
LESSON 1:
Concepts of Democracy
and Government
Learning Objectives
On completion of this lesson, learners will have an understanding of A space has been left
the following concepts of democracy and government: on the right of every
page for you to make
Rule of law notes about what
Separation of powers you are learning.
Rights and their limitations
Checks and balances
Civil liberties
What is a government?
A government is an organisation that has control over an area
of land. A government performs three main roles in relation to
the area of land and the people living in it:
• To make and improve laws
• To make sure essential services (education, police, health
etc) are implemented according to the law
• To have systems of justice (such as courts and tribunals)
that deal with those who break the law, or to help those
who are involved in disputes.
What is a democracy?
Democracy means, ‘rule by the people.’ A democratic
government is a government that is run by citizens who are
chosen by other citizens.
It is generally accepted that democratic governments are the
type of governments that offer the best range of freedoms to its
people.
(You will learn more about other governments in the final
lesson.)
Rule of law
Separation of
Civil liberties
Powers
Concepts of
democracy
Rights
Checks and
and their
balances
limitations
Rule of Law
In New Zealand
• New Zealand tries to apply the rule of law
consistently.
• All people must follow the law regardless of
their wealth, race, or gender etc.
• New Zealand has been recognised as one of
the least corrupt countries in the world since
2016.1
• However, there is still room for improvement.
Many academics believe that the rule of law is
not applied consistently in all situations. For example, the Courts
may be harsher on Māori or Pacific Islanders than other races.2
Separation of Powers
For example:
1. The executive branch of government should not interfere with
the specific decisions made by the judiciary.
2. The judiciary should not criticise the laws made by the
legislature. (However the judiciary can interpret laws in a way
that they think is fair and just.)
In New Zealand
• New Zealand has a reputation for ensuring
that the three powers are kept separate.
• There are many checks and balances in place
to ensure that each branch of government is
separate and independent.
• There is concern that there is not enough
separation between the executive and
legislature. Many academics have argued
that it is too easy for the executive government to push law
through without thorough debate by the legislature.
This issue was highlighted with the introduction of the Paid
Parental Leave bill that was introduced by the Labour Government
in November 2017. The National Government argued that the
bill should not have been introduced as urgent as it will not be
thoroughly reviewed.3
3 Radio New Zealand. Govt puts Parliament into urgency to start 100-day plan https://www.radionz.co.nz/news/political/343384/
govt-uses-urgency-to-start-100-day-plan (date accessed 2018, February 01).
4 Human Rights Watch. (2012). World report 2012: North Korea. Retrieved from http://www.hrw.org/world-report-2012/world-report-
2012-north-korea (date accessed 2018, February 01).
In New Zealand
New Zealand does not have a constitution.
However, there are a number of laws that limit the
power of the government.
Bill of Rights Act 1990
• The Act gives important rights to NZ citizens.
These include freedom from discrimination,
the right to have a fair hearing, rights when
imprisoned, etc.
• All laws made by the Government must comply with the terms of
the Bill of Rights Act.
Constitution Act 1986
• This Act outlines New Zealand’s system of government. It
highlights the roles and functions of the legislature, executive,
and the judiciary. The Government cannot act outside this law.
Treaty of Waitangi 1840
• The Treaty of Waitangi is New Zealand’s founding document. It is
an agreement between the British Crown and Māori. The Treaty
is one of the factors that must be taken into account when
making law in New Zealand.
Other laws that restrict the role of government in New Zealand:
Human Rights Act 1993, Electoral Act 1993, Magna Carta 1297
importance on their constitution (USA) and the other does not (North
Korea).
2. What are some ways that a government limits its own powers?
5 The Constitution Conversation. Treaty of Waitangi. Retrieved from http://www.ourconstitution.org.nz/Treaty-of-Waitangi (link expired).
For example:
1. The legislature can inquire about the actions of the executive
and ask them to explain why they have taken certain actions.
2. The judiciary can interpret laws that are made by the legislature
in a way that the judiciary thinks is fair and just.
In New Zealand
In New Zealand the following organisations check
the Government in order to make sure that they are
acting in accordance with the law:
• Ombudsman
The ombudsman investigates complaints raised
by the public (or issues they have identified
themselves). They do not take sides – they just
investigate both sides of the issue and then
report on it.
• Auditor-General
The Auditor-General helps give the public confidence that all
public-sector organisations are operating properly. The Auditor-
General investigates different matters and highlights changes
that need to be made, if necessary.
Civil liberties
Here are some general civil liberties that are granted by most
democracies:
Right to life
Right to
Freedom from
meet in
torture
groups
Civil liberties
Freedom from
Right to marry
slavery
Right to
choose own
religion
In New Zealand
New Zealand has a good history of giving civil
liberties to its citizens. Look at the following
contents of the New Zealand Bill of Rights Act
1990. These highlight the basic civil liberties that
are offered to all New Zealanders.
Look at the following map and list five countries that have
Try it for a good record of offering civil liberties and five countries
Yourself that have a poor record of offering civil liberties.
LESSON 2:
Characteristics of New
Zealand’s system of government
Learning Objectives
On completion of this lesson, learners will have an understanding of
the key characteristics of New Zealand’s system of government.
In this lesson you will study the key characteristics of New Zealand’s
system of government, a liberal democracy. The following diagram
highlights these characteristics.
Near
universal
suffrage
New Zealand’s
system of
government
Free and fair Respect for
elections human rights
Constraints
Unrestrained
on executive
media
power
The concepts that you studied in the previous lesson are the key
building blocks to a system of government like New Zealand’s one.
Constraints on
Unrestrained executive power
media
Free and fair
elections
Protection
of minorities
Near universal
suffrage
Respect for
human rights
Independent
judiciary
LIBERTY EQUALITY
Checks and
balances
Near-universal suffrage
In New Zealand
• New Zealand has universal suffrage for those over 18.
• New Zealand was the first country to give women the right to
vote. Kate Sheppard (who appears on the $10
note) played an important role in this.
• All New Zealand citizens, regardless of
gender, race, religion etc are allowed to vote.
• One exception is that any person who is
sentenced to any term of imprisonment is not
allowed to vote while they are in prison. Many
people believe that this is against the rule of
law and civil liberties.
7 BBC News UK. (2012, October 14). Viewpoints: Can 16- and-17-year olds be trusted with the vote? Retrieved from http://
www.bbc.co.uk/news/uk-19908031 (date accessed 2018, February 01)
We already accept 16-year-olds are able to make rational long-term decisions because we allow
them to work full-time, join the Army, and pay tax. I don’t think you can argue young people
are able to take the decision to choose to get married or to have children, but are incapable of
choosing how to vote.
But it’s not just about capability. Young people rely on public services such as transport and
schools, but they have no influence over policies which affect their lives - it’s no wonder they
are disengaged. Lowering the voting age gives these young people the chance to have their say
over the society they want to be part of.7
In New Zealand
• Elections in New Zealand are thought to be free
and fair.
• Elections are held every three years (and
parliament is unable to change this).
• Every New Zealand citizen over 18 must enrol to
vote.
• The Electoral Commission is responsible for
administering elections. This commission is
independent from the Government.
Look at the following objectives of the Electoral Commission:
3. Are elections in New Zealand free and fair? Why? Why not?
8 Electoral Commission. (2013, May). Electoral commission: Statement of intent. Retrieved from http://www.elections.org.nz/
sites/default/files/plain-page/attachments/Electoral Commission SOI 2013-16_0.pdf (date accessed 2018, February 01).
Can you think of any other human rights than the ones
What do listed above? If you are not sure, refer to the Universal
You Think? Declaration of Human Rights document in Appendix 1.
In New Zealand
New Zealand has two pieces of legislation that include elements
from the Universal Declaration of Human Rights and the ICCPR.
These laws are the:
Human Rights Act 1993
This law outlaws various forms of discrimination,
including discrimination based on:
• Marital status
• Ethical belief
• Disability
• Sexual orientation
• Political opinion
3. Does New Zealand have a good human rights record? Why? Why not?
Unrestrained media
In New Zealand
• The freedom of the media is guaranteed in the Bill of Rights Act
1990.
• The media is generally free from any government interference. It
can act as a ‘watchdog’ against government abuses of power.
• There has been a history of media censorship in New Zealand.
For example, during World War 2, all media outlets were
censored. This was to ensure that no information that could
benefit the enemy was released.
• The media cannot publish anything that discriminates against
someone/a group or is factually untrue.
3. Do you think it is important to have media censorship during times of war? Why?
What are the dangers of such media censorship?
Independent judiciary
In addition to having constraints on the executive, another
characteristic of countries similar to New Zealand is an independent
judiciary. An independent judiciary has the following characteristics:
In New Zealand
• New Zealand generally has an executive
government that is constrained. If it exercises
too much power, the legislature, media, and
other watchdogs will raise the issue.
• However, there is concern that New Zealand
does not have:
a) A constitution
b) An upper house
Having these elements may further improve the functioning of
the executive.
• Also, the judiciary is generally very independent in New Zealand.
Protection of minorities
Minority
groups
In New Zealand
• New Zealand is a multi-cultural society.
There are many different ethnic groups as
well as people with different religions, sexual
orientations, political leanings, and so on.
• New Zealand has two key laws that protect
the rights of all New Zealanders, including
minority groups. These laws are:
• The Human Rights Act 1993
• The Bill of Rights Act 1990
• When compared to other countries throughout the world, New
Zealand does a relatively good job at protecting minority groups.
• Although minority groups have the same rights under law as
the majority, there is still a big gap in outcomes between the NZ
European (Pākehā) majority and minority groups. For example
the Ministry of Health states the following.
“In 2013, non-Māori were more advantaged than Māori
across all socioeconomic indicators presented. Māori adults
had lower rates of school completion and much higher rates
Check Your
1. What is a minority group?
Understanding
3. Does New Zealand have a good reputation for protecting minority groups?
LESSON 3:
Other forms of
government
Learning Objectives
On completion of this lesson, learners will have an understanding of
other forms of government, including:
Theocratic governments
Oligarchical governments
Autocratic governments
Characteristics of New
Concepts of
Zealand’s system of
Democracy
government
Near-universal suffrage
In this lesson, you will learn about other forms of government. The
forms of government that you will look at do not apply to all the
concepts of democracy that you have learnt about. The following
diagram highlights five forms of government that do not apply (or
even aim to apply) each concept of democracy.
Theocracy
Authoritarian
Oligarchy
government
Forms of
Government
Anarchy Autocracy
Absolute
Monarchy
Forms of government
We will look at three of these forms of government in detail:
• Theocracy
• Oligarchy
• Autocracy
Theocracy
Oligarchy
Hallo. I used to live in South Africa before its first democratic elections in
1994. Before the 1994 elections, many international observers called South
Africa an oligarchy. This was because a small minority (Caucasian South
Africans) had power over the majority.
In elections, only the minority were allowed to vote or have decision-making
power. A number of areas were segregated so that the minority and majority
groups could not mix in public.
The judiciary and the legislature were all controlled by the Caucasian minority.
South Africa has changed a lot now; however there are still many race-based
issues that the country needs to work through.
Hi! I’m from the USA. Although the USA calls itself a liberal democracy, I
think it is an oligarchy. It seems to me that the wealthiest 1% have nearly
all of the political power. Graduates from Harvard and Yale Universities
dominate political and financial leadership. The last person appointed
to the Supreme Court who did not go to Harvard or Yale was in 1981!
Unbelievable!
Political power needs to be shared between ALL people, regardless of their
education or wealth.
You are now going to think about how an oligarchy applies the key
concepts of democracy.
USA today
1. According to the speaker in the speech bubble above, what
concepts of democracy are not being fully complied with in the
USA?
Autocracy
You are now going to think about how an autocracy applies or fails
to apply the key concepts of democracy.
Nazi Germany
1. What concepts of democracy were not applied by the Hitler and
the Nazi Party?
Review
activity
Idi Amin seized power in a military coup in 1971 and declared himself
president of Uganda. Amin installed military personnel in government
positions.
Amin persecuted any group that opposed his rule. First, he persecuted
anybody who supported the old president, Obote. My family were
supporters of Obote. Amin’s soldiers killed my two uncles and one of
my aunts. It is something that has haunted me forever.
Amin also persecuted other ethnic groups. All Asians were made
to leave the country, many intellectuals (such as lawyers, doctors,
university lecturers etc) we imprisoned or assassinated. Apparently
over 500,000 people were killed during Amin’s rule.
Under Amin, parliament did not have any law making power – all this
power was given to Amin. All judicial power was given to the military,
which was also controlled by Amin.
Review activity
1
Concept of
Democracy
2
Characteristic(s)
of Democracy
3
New Zealand
government
explanation
4
Ugandan
government
explanation
Review activity
1
Concept of
Democracy
2
Characteristic(s)
of Democracy
3
New Zealand
government
explanation
4
Ugandan
government
explanation
Review activity
1
Concept of
Democracy
2
Characteristic(s)
of Democracy
3
New Zealand
government
explanation
4
Ugandan
government
explanation
Glossary
democracy a system of government that is run by citizens who are chosen by other
citizens
judiciary a body of judges, who makes decisions in relation to laws created by the
legislature
PREAMBLE
Whereas recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in
barbarous acts which have outraged the conscience of mankind,
and the advent of a world in which human beings shall enjoy
freedom of speech and belief and freedom from fear and want has
been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have
recourse, as a last resort, to rebellion against tyranny and oppression,
that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly
relations between nations,
Whereas the peoples of the United Nations have in the Charter
reaffirmed their faith in fundamental human rights, in the dignity
and worth of the human person and in the equal rights of men and
women and have determined to promote social progress and better
standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in
co-operation with the United Nations, the promotion of universal
respect for and observance of human rights and fundamental
freedoms,
Whereas a common understanding of these rights and freedoms is
of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS
UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common
standard of achievement for all peoples and all nations, to the
end that every individual and every organ of society, keeping
this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and
by progressive measures, national and international, to secure their
universal and effective recognition and observance, both among the
peoples of Member States themselves and among the peoples of
territories under their jurisdiction.
Article 1.
• All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.
Article 2.
• Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status. Furthermore,
no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to
which a person belongs, whether it be independent, trust, non-
self-governing or under any other limitation of sovereignty.
Article 3.
• Everyone has the right to life, liberty and security of person.
Article 4.
• No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
Article 5.
• No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
Article 6.
• Everyone has the right to recognition everywhere as a person
before the law.
Article 7.
• All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.
Article 8.
• Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights
granted him by the constitution or by law.
Article 9.
• No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
• Everyone is entitled in full equality to a fair and public hearing by
an independent and impartial tribunal, in the determination of his
rights and obligations and of any criminal charge against him.
Article 11.
• (1) Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary for
his defence.
• (2) No one shall be held guilty of any penal offence on account
Article 12.
• No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon his
honour and reputation. Everyone has the right to the protection
of the law against such interference or attacks.
Article 13.
• (1) Everyone has the right to freedom of movement and
residence within the borders of each state.
• (2) Everyone has the right to leave any country, including his
own, and to return to his country.
Article 14.
• (1) Everyone has the right to seek and to enjoy in other countries
asylum from persecution.
• (2) This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts contrary
to the purposes and principles of the United Nations.
Article 15.
• (1) Everyone has the right to a nationality.
• (2) No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.
Article 16.
• (1) Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to found
a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
• (2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
• (3) The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.
Article 17.
• (1) Everyone has the right to own property alone as well as in
association with others.
• (2) No one shall be arbitrarily deprived of his property.
Article 18.
• Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or
Article 19.
• Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without interference
and to seek, receive and impart information and ideas through
any media and regardless of frontiers.
Article 20.
• (1) Everyone has the right to freedom of peaceful assembly and
association.
• (2) No one may be compelled to belong to an association.
Article 21.
• (1) Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives.
• (2) Everyone has the right of equal access to public service in his
country.
• (3) The will of the people shall be the basis of the authority
of government; this will shall be expressed in periodic and
genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting
procedures.
Article 22.
• Everyone, as a member of society, has the right to social
security and is entitled to realization, through national effort
and international co-operation and in accordance with the
organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the
free development of his personality.
Article 23.
• (1) Everyone has the right to work, to free choice of employment,
to just and favourable conditions of work and to protection
against unemployment.
• (2) Everyone, without any discrimination, has the right to equal
pay for equal work.
• (3) Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
• (4) Everyone has the right to form and to join trade unions for the
protection of his interests.
Article 24.
• Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.
Article 25.
• (1) Everyone has the right to a standard of living adequate for
the health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
• (2) Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall
enjoy the same social protection.
Article 26.
• (1) Everyone has the right to education. Education shall be free,
at least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional
education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
• (2) Education shall be directed to the full development of the
human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial
or religious groups, and shall further the activities of the United
Nations for the maintenance of peace.
• (3) Parents have a prior right to choose the kind of education
that shall be given to their children.
Article 27.
• (1) Everyone has the right freely to participate in the cultural life
of the community, to enjoy the arts and to share in scientific
advancement and its benefits.
• (2) Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or artistic
production of which he is the author.
Article 28.
• Everyone is entitled to a social and international order in which
the rights and freedoms set forth in this Declaration can be fully
realized.
Article 29.
• (1) Everyone has duties to the community in which alone the free
and full development of his personality is possible.
• (2) In the exercise of his rights and freedoms, everyone shall
be subject only to such limitations as are determined by law
Article 30.
• Nothing in this Declaration may be interpreted as implying for
any State, group or person any right to engage in any activity or
to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.
www.instant.org.nz