Section 2 of the New Zealand Constitution Act 1852 (UK) Between Constitutional (Law) Tradition and Constitutional (Economics) Perdition

Abstract

This paper reflects on the provincial system that existed in New Zealand from 1852 to 1876. I argue that this system is an instance of a core constitutional tradition, namely a pragmatic application of subsidiarity. This subsidiarity is also the hypostasis of the Treaty of Waitangi, both in its English and Māori texts. The resuscitation of subsidiarity as a foundational element of our constitutional design holds the key to our economic prosperity in a globalising world, where the role of the nation state is marginalised. Constitutional economics suggests that the central government should, as a strategic intent, ready local government to function independently, efficiently and effectively. Evolving a strong tradition of local autonomy should be the most sublime of our constitutional aspirations.