Niue Constitution Act 1974 | |
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New Zealand Parliament | |
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Royal assent | 29 August 1974 |
Commenced | 19 October 1974 |
Status: Current legislation |
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The Schedules of the Niue Constitution Act 1974 form the Constitution of Niue. It stipulates the make-up of the executive branch of the government, the legislative branch, and the judicial branch. The Niue Constitution Act 1974 is the supreme law of Niue; any other Niue law that is inconsistent with the Niue Constitution Act 1974 will be deemed to be invalid.
Its granting by the New Zealand Parliament in 1974 is celebrated yearly as Niue's independence on "Constitution Day" on 19 October. The road towards self-government for Niue started with the UN Decolonisation Committee putting pressure on New Zealand for Niue to decide what form of status Niue wanted. The people of Niue voted in 1974 choosing the self-government option as the best direction for Niue. The Niue Constitution is the legal doctrine that put the wishes of the Niue people for self-government into practice. Self-government allows for Niueans to lead and take charge of their own affairs; this has reduced the number of New Zealand expats working in key Government positions from around 20 in 1974 to none at the moment.
Amendments require a two-thirds majority vote in favour in the second and third readings of the respective constitutional amendment bills in the Assembly, followed by approval by a referendum; amendments to articles 1 (executive authority being vested in the Crown), 35(1)(b)(i) (requirements to amend the constitution) and 69 (appointments to Niue Public Service) require two-thirds of the valid vote in favour in the referendum to be approved, while amendments to other articles require only a majority of the valid vote in favour. [1]
Niue is a self-governing island country in free association with New Zealand. It is situated in the South Pacific Ocean and is part of Polynesia, and predominantly inhabited by Polynesians. The island is commonly referred to as "The Rock", which comes from the traditional name "Rock of Polynesia".
The history of Niue is the history of the area and people of Niue, including its indigenous Polynesian societies. Niue was first settled by Polynesian sailors from Samoa in around 900 AD. Further settlers arrived from Tonga in the 16th century.
The politics of Niue take place in a framework of a parliamentary representative democratic dependency, whereby the Chief Minister is the head of government, and of a non-partisan system. Niue is self-governing in free association with New Zealand and is fully responsible for internal affairs. New Zealand retains some responsibility for external affairs, in consultation with Niue. The Niue Constitution Act 1974 (NZ) vests executive authority in His Majesty the King in Right of New Zealand and the Governor-General of New Zealand. The constitution specifies that in everyday practice, it is exercised by a Cabinet of the Premier of Niue and three other ministers. The premier and ministers must be members of the Niue Assembly, the nation's legislative assembly. The Judiciary is independent of the executive and the legislature.
The Basic Laws of Sweden are the four constitutional laws of the Kingdom of Sweden that regulate the Swedish political system, acting in a similar manner to the constitutions of most countries.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
An associated state is the minor partner or dependent territory in a formal, free relationship between a political territory and a major party—usually a larger nation.
A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. In consensus democracy the supermajority rule is applied in most cases.
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too.
A double majority is a voting system which requires a majority of votes according to two separate criteria. The mechanism is usually used to require strong support for any measure considered to be of great importance. Typically in legislative bodies, a double majority requirement exists in the form of a quorum being necessary for legislation to be passed.
In Australia, referendums are public votes held on important issues where the electorate may approve or reject a certain proposal. In contemporary usage, polls conducted on non-constitutional issues are known as plebiscites, with the term referendum being reserved solely for votes on constitutional changes, which is legally required to make a change to the Constitution of Australia.
The politics of Tokelau takes place within a framework of a parliamentary representative democratic dependency. The head of state of Tokelau is King Charles III in right of his Realm of New Zealand, who is represented by an Administrator. The monarch is hereditary, the Administrator is appointed by the New Zealand Minister of Foreign Affairs and Trade.
The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.
A self-determination referendum was held in Tokelau between 11 and 15 February 2006, supervised by the United Nations, The proposal would have changed Tokelau's status from an unincorporated New Zealand territory to a self-governing state in free association with New Zealand, akin to the Cook Islands and Niue. However, although 60% of voters voted in favour, a two-thirds majority was required for the proposal to succeed.
The Niue Assembly or Niue Parliament is the legislature of Niue. It consists of 20 members; 14 representatives of the villages and 6 elected on a common island-wide roll. Members are directly elected by universal suffrage, and serve a three-year term. Niue follows the Westminster system of government, with the Premier elected by the Assembly and the Cabinet drawn from it.
China-Niuean relations are relations between China and Niue.
There are six monarchies in Oceania where supreme power resides with an individual hereditary head, who is recognised as the head of state. Each is a constitutional monarchy, wherein the sovereign inherits his or her office, usually keeps it until death or abdication, and is bound by laws and customs in the exercise of their powers. Five of these independent states share King Charles III as their respective head of state, making them part of a global grouping known as the Commonwealth realms; in addition, all monarchies of Oceania are members of the Commonwealth of Nations. The only sovereign monarchy in Oceania that does not share a monarch with another state is Tonga. Australia and New Zealand have dependencies within the region and outside it, although five non-sovereign constituent monarchs are recognized by New Zealand, Papua New Guinea and France.
The Constitution of Samoa is a written constitution which is the supreme law in Samoa. It establishes Samoa as a parliamentary republic with a Westminster system and responsible government. It outlines the structure and powers of the Samoan government's three parts: the executive, legislature, and judiciary.
A constitutional referendum was held in Niue on 3 September 1974. The constitution was approved by 65% of voters, and came into force on 19 October.
A constitutional referendum was held in Niue on 13 June 1992. The proposed amendments to the constitution were the first since the country's original constitution was approved in a 1974 referendum. The changes were approved by 70.4% of voters, and came into force on 1 July.
Niue is a country in the South Pacific Ocean with an estimated population of 1,190. Since 1974, it has been self-governing in free association with New Zealand. Niue controls its own internal affairs, while New Zealand retains responsibility for its defence and external relations and is required to provide necessary economic and administrative assistance.