1
Westminster systems have many common elements. Perhaps the most important
is the fact that Cabinet must come from Parliament. The efficient secret of the
Westminster style of Government was described by Walter Bagehot in 1867 as:1
[T]he close union, the nearly complete fusion, of the executive and legislative
powers
A Cabinet is a combining Committee a hyphen which jams, a buckle which
fastens, the legislative part of the State to the executive part of the State. In its
origin it belongs to the one, in its functions it belongs to the other.
2
While Cabinet Government might be regarded as common to almost all
Westminster systems in the Commonwealth, at this point in history the
governance arrangements in the Commonwealth are diverse. The political culture
of every country is different and often the institutional arrangements reflect those
differences.
3
New Zealand has seen many important changes to its system of Government in
recent years. The Official Information Act 1982 opened up Government decisions
and information to scrutiny of a type that had never been present before. It made
Government much more transparent it was a very important change. The
Official Information Act 1982 remains in New Zealand a highly effective model.
Its presumption of openness has led to more information being made available on
a progressive basis.
4
The New Zealand Bill of Rights Act 1990 is a Parliamentary Bill of Rights. It
does not give the Courts power to strike down legislation that is inconsistent with
it. But the Government is bound to report its legal analysis as to when measures
introduced may be in breach. These opinions are posted on a Government
website.2 The New Zealand Bill of Rights Act had been given much more weight
than most people might initially have expected because the Courts have taken up
its interpretation with some rigour. In 2001 Professor Phillip Joseph wrote that
1
Walter Bagehot The English Constitution [1867] (Fontana, London, 1963) 65-68.
2
Ministry of Justice <http://www.justice.govt.nz/bill-of-rights/index.html> (last accessed 14
August 2006).
2
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