The Advantages and Disadvantages of a Supreme Constitution for New Zealand: The Problem with Pragmatic Constitutional Evolution

Abstract

In this chapter Mai Chen argues that it is unlikely that a majority of New Zealanders would currently support an immediate change to a supreme constitution for New Zealand. However, there is arguably widespread support for more limited constitutional reform, including a growing public consensus around the need for authorisation by a majority of the public for significant constitutional changes. Formal, systematic thinking on what comprises significant constitutional changes should start here. The real issues that New Zealanders need to discuss are not a supreme Constitution, but rather: (a) what are sufficiently important matters that a special constitutional change process is needed; (b) what that special process should be; and (c) how to protect that process from itself being changed. Chen suggests that, given New Zealand’s pragmatic evolutionary approach to constitutional matters, an extended ordinary constitution utilising the current Constitution Act, the New Zealand Bill of Rights Act, and the Electoral Act, with greater entrenchment of important provisions than those currently entrenched in the Electoral Act may be the best approach.