Origins of Government Laws101 Past Exam Questions PDF

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ORIGINS OF GOVERNMENT PAST EXAM QUESTIONS 2019: 1. Explain how the meanings and application of the Magna Carta and tikanga have changed over time, what their continuing legal status is in NZ and if this would change if we became a republic. 2. Describe the role of the English Civil War in the development of parliamentary supremacy, and why and how parliamentary supremacy remains and important part of NZ’s constitution. 3. Discuss why imperium is a significant component of a legal system by specifically comparing the legal significance of the imposition of William the Conqueror’s feudalism in England in 1066 with the legal significance of the NZ court’s decision in A-G v Ngati Apa in 2003. 4. Discuss why Her Majesty the Queen of England sought the signing of the ToW. Consider what is the present legal status of the ToW and how it status has changed over time. 2018: 1. In the early days of the Colony of New Zealand, NZ relied on the laws from the United Kingdom and New South Wales. Discuss why and how this happened, and whether these laws have remained relevant for NZ today as a Realm. 2. When both the Magna Carta and ToW were proposed, some of the parties were hesitant to accept the terms set out in the documents. Discuss the reasons for this, and consider whether these early concerns manifested into ongoing concerns that remain relevant today. 3. The rule of law is a significant part of NZ’s constitution Explain the history of the rule of law as it was developed in England and what it means in NZ. 4. Discuss the history of the differences between the right of sovereignty (imperium) and the right of property (dominium) in the UK and NZ. 2017: 1. The English Laws Act 1858 (now repealed) made relevant in NZ all the laws of England up to 14 January 1840, including Magna Carta. Explain the Magna Carta, discuss how it has influenced NZ’s legal system from 1840 to the present and whether it will remain relevant if NZ becomes a republic. 2. Discuss the origins of common law and how the common law is being adapted to the circumstances of NZ, making reference to the courts and property. 3. Certain individuals have influenced the development of the legal systems in England and NZ. Discuss the influence of Henry II in shaping the English legal system and William Hobson in shaping NZ’s legal system 4. Discuss how a country can gain sovereignty over another country, how this has occurred in NZ and its effect on contemporary tino rangatiratanga (Māori sovereignty). 5. Discuss how the institution of Parliament became supreme initially in England and why this is important for the understanding of NZ’s legal system 2016: 1. Describe the checks and balances contained in the constitution of NZ and discuss their legal origins.

2. At one time, the dominant legal system in England was Roman. Similarly, in NZ, the Māori legal system was once dominant. Explain why this changed and discuss the influence (if any) that the Roman and Māori legal systems continue to have in NZ. 3. Compare the legal impact of the imposition of William the Conqueror’s feudalism in England with the legal impact of the NZ’s court’s decision in Attorney-General v Ngati Apa 4. Today, the UK and NZ are among the few countries in the world that have an “unwritten” constitution. Explain what this means, describe how it came about for both countries and consider what might be the future of the unwritten constitution in NZ. 5. Compare and contrast the origin, and significance of the English Bill of Rights with ToW. 2015: 1. Different styles of dispute resolution exist within legal systems. Discuss and compare the early Anglo-Saxon moots, Māori customary dispute resolution processes and NZ’s adversarial courts. 2. A key feature of NZ’s government is the separation of powers. Explain the origins of the separation of powers as it was developed in England and why and how it remains important for NZ today. 3. Explain the concept of radial title including why and when it was introduced into England and how it has been applied and understood in NZ 1840 to today. 4. The Magna Carta and the Treaty of Waitangi are important documents. Explain why they are important, what their legal status is today, and what would be their continuing legal status for NZ if this country became a republic. 5. NZ’s Parliament has developed from the British parliamentary system known as the Westminster system of government and is the highest law-making body in NZ. Explain how the Westminster system developed in England and how it has been adapted for NZ’s needs. 2014: 1. The Imperial Laws Application Act 1988 (NZ) formally incorporates the Magna Carta, the Petition of Right, and the English Bill of Rights as part of the laws of NZ. Discuss how these documents have influenced the development of New Zealand from 1840 to present. 2. Discuss why property is a significant component of a legal system and specifically how control over title to property has played a role in the development of both English and New Zealand law. 3. Compare and contrast how the Normans gained sovereignty over Anglo-Saxon England with how the British gained sovereignty over the islands of NZ. 4. Conscious efforts often have been made to simplify aspects of the legal system. Discuss and compare two examples from English and NZ legal history. 5. Discuss how the principle of Parliamentary supremacy has played a major role in both English and New Zealand legal history, with reference to examples. 6. After the Norman Conquest, the English legal system used two languages. New Zealand’s legal system is increasingly using a second language: Te reo Māori. Discuss and contrast the role of language in shaping the English and New Zealand legal systems. 2013:

1. NZ gained constitutional independence from Britain in 1947. Explain why and how this occurred. What contemporary constitutional links still exist between New Zealand and Britain, and are they likely to remain important in the future? 2. The ToW has been described as “NZ’s Magna Carta”. Explain the significance of these two documents and consider how they are similar and dissimilar. 3. Tikanga Māori was the first legal system in NZ. But in 1858 the English Laws Act (NZ) was enacted. Explain what this meant for NZ’s legal system and whether the English and Māori legal system were similar or not 4. The supremacy of Parliament over the Sovereign was established in England by the Bill of Right 1688. Explain how the Parliament in England developed and whether it shares similarities with the NZ Parliament including whether this principle of Parliamentary supremacy remains part of NZ’s law today. 5. The feudal system of land tenure became definitely establish in England after 1066. Later a common law doctrine developed that the Crown acquires a radical title in property upon gaining sovereignty. Explain the underlying similarity between these two concepts and consider how the courts applied this common law doctrine in New Zealand. 6. In December 1841, the Supreme Court of NZ (now named the High Court of NZ) was established as one of the premier institutions of the new colony. Discuss the similarities and differences between this Court and the English courts as at 1841....