Subsidiarity as a constitutional principle in New Zealand

Gussen, Benjamen F. (2014) Subsidiarity as a constitutional principle in New Zealand. New Zealand Journal of Public and International Law, 12 (1). pp. 123-144. ISSN 1176-3930

Abstract

This paper argues that subsidiarity is a constitutional principle in New Zealand. The principle of subsidiarity is the essence of the Treaty of Waitangi, both in its English and Māori texts. It is also evident in the thinking behind the New Zealand Constitution Acts of 1846 and 1852. This constitutional tradition has been hidden since the abolition of the New Zealand provincial system in 1876. The resuscitation of subsidiarity as a foundational element of our constitution holds the key to our economic prosperity in a globalising world. Central government should, as a strategic policy, empower local government to function as municipal corporations with wide legislative powers.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: c. Victoria University of Wellington. Permanent restricted access to Published Version.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 24 Nov 2014 06:18
Last Modified: 05 Jul 2016 06:18
Uncontrolled Keywords: subsidiarity, federalism, constitutional law, New Zealand
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
14 Economics > 1499 Other Economics > 149903 Heterodox Economics
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
B Economic Development > 91 Economic Framework > 9101 Macroeconomics > 910199 Macroeconomics not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/26289

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