The need for a codified Constitution
(written by the people)
The Risk
New Zealand is a nation in a uniquely precarious position; a nation without separated Upper and Lower Houses of Parliament, a nation without a Senate, with no State governments, no codified constitution, no term limits for those in power, and no legally binding mechanism of referendum or recourse for citizens to invoke.
New Zealand society has also glided in a deceptively calm and stable state for so long (due in many ways to the reserved resilience, and self-reliant confidence of the populace); that a dangerous complacency now rests over the realm.
The Reason
For decades, many in positions of power have acted with apparent impunity, and parliament (without any real repercussion) has been able to pass laws in direct contradiction to the sentiment of most citizens; this has emboldened the licentious, and eroded the few protections that did exist for the people: redress to the Privy Council has been removed; the population have been increasingly disarmed; the previously broad protective scope of the Bill of Rights has become constricted; freedoms of daily life have been steadily reduced, and even when the courts agree that government has acted illegally, nothing can be done because in the words of the court “Parliament is Supreme”.
Any of the risks of the poorly formed system New Zealand finds itself in, could be survived in isolation; but accumulated, and combined with so few restrictions to adequately protect against nefarious agendas, or external interference in the culture and society (whether through business, land ownership, media, or other mechanisms of influence), means the entire kiwi way of life is currently in an inevitable entropy.
The other unfortunate reality we face, is that despite some reforms, New Zealand is also caught (in a practical sense) by a decreasingly contrasting two-party system; which offers very little real choice, and leans ever further toward a monolithic totalitarian state. As it stands, it would merely take one marginally more corrupt (or perhaps even just slightly bolder) government, and the whole house of cards of a “free” nation comes tumbling down.
We need to remember that New Zealand is a place with a very short history from a global standpoint, a land that was completely void of people while dynasties and empires rose and fell the world over, so there is not the same bedrock of a long history to lean on, nor rebuild from. There are also fewer defining features that unite Kiwis compared to many places on earth. We are neither ethnically homogeneous, nor religiously uniform on any state practiced or directed level (that is not to negate of course the Western, Judaeo-Christian, foundational ethic of the nation, which is one of the few groundings still binding us culturally speaking); yes we still have the monarchy, but it only exists in a very abstract sense in New Zealand, especially as “The Crown” in New Zealand is for all practical purposes a seperate entity to the “The Crown” in the U.K.
We are left, in essence, void of a clear common direction, and with few defining uniting features (save perhaps our anthem, a flag, some colloquial customs, and the fact that we happen to all be together on this particular cluster of islands); we have an instinctive sense of who we are, but there is nothing concrete to state and preserve the idea of that sentiment. Without a commonly defined foundation and goal, we are mere wanderers; heading for either disintegration, or assimilation: it is time for us to have a clear, single, codified, foundational document for our nation.
The Opportunity
Now, with the reign of Queen Elizabeth II having come to an end, and once again discussions and murmurings rising about New Zealand becoming a republic in an official capacity, we must be very careful not to be caught by the greatest risk to our future, namely, allowing politicians, activists, media, and conglomerates, to guide and decide the format, formation, laws, and structure of a newly stated national identity; one that suits their every whim, and feeds an inevitable growing lust for wealth and power, while leaving little for the citizens for which the nation is supposed to exist.
We have a rare and precious opportunity (building on both the wisdom and folly of so many nations before us) to establish a codified constitution which can guard and guide our nation for many centuries to come.
History of the project
The “NZ Constitution 2.0” project began as a thought experiment, but developed into something which now seems an important and necessary item for serious discussion.
After sitting on a shelf for a while, the document has been “dusted off” so to speak, and now, following a few minor adjustments in its final review, time has come to release it.
This project is completely independent, and non-partisan; it has no affiliation with any political party, or any other official organisation (either in New Zealand, or overseas).
This project was put together over a number of years, following extensive consideration of various documents (both current and ancient), of history, and of many constitutions around the world.
While no document can ever be perfect, and likewise no single document can possibly suit everyone in all aspects; this constitution has still been written with specific intent to balance, as best as possible, the main aspects and principles of life in New Zealand, while also attempting to safeguard both its history, and its future.
This document has been reviewed by a variety of people, ranging widely in age, profession, and social views, with the aim of realising a foundational document that all people of the nation can reasonably accept. Those who have reviewed this constitution prior to its public release, have done so with the understanding that their input (along with the origin of the work) must for now remain anonymous; to remove (as much as able) any bias for the wider public; allowing the document to be reviewed as impartially as possible, and stand or fall on its own merits. Acknowledgement and thanks also go to those who have assisted with domain registration and hosting to support the project.
It is with hopeful expectation, that at the least, the document will prove an interesting and intellectually engaging read; and just maybe, one day, might form a new foundational structure for Aotearoa.