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US 27835 v2a Learner’s Guide LEGAL STUDIES Unit Standard 27835 Version 2 | Level 1
US 27835 v2a
Learner’s Guide
LEGAL STUDIES
Unit Standard 27835
Version 2
|
Level 1
|
Credit 4
Demonstrate
understanding of
concepts of democracy
and government
understanding of concepts of democracy and government Licensed to: Western Heights High School 2018 - 2a
understanding of concepts of democracy and government Licensed to: Western Heights High School 2018 - 2a

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US27835v2a Learner's Guide

Demonstrate understanding of concepts of democracy and government

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About this Learner’s Guide

Learning Purpose & Outcomes

In this guide you will explore key concepts of democracy and government. In particular you will

look at the concepts and characteristics of New Zealand’s government system. You will also look

at the characteristics of some other types of government.

By the end of this guide you will be able to explain:

• different concepts of democracy and government, and how these are applied in New Zealand and other countries

• different characteristics of democracy and government and how these are expressed in New Zealand and other countries

• the similarities and differences between New Zealand’s system of government and other systems of government.

As you work through the guide, there are a number of activities for you to complete. These include:

• activities to help you make sure you understand the content

• tasks that help you reflect on different political situations throughout the world.

You will need to have access to the Internet or a public library to complete these tasks. Talk to your teacher if you have difficulty accessing these.

A glossary containing difficult or technical words has been included at the end of this guide.

Words in the glossary are highlighted in the main text.

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Useful

Resources

Books

Boast, R., Finn, J., & Spiller, P. (2001). A New Zealand legal history. (2nd ed.). Wellington: Brookers Ltd.

Palmer, G., & Palmer, M. (2010). Bridled power: New Zealand’s constitution and government. (4th ed.). Melbourne: Oxford.

Sanders, K., & Scott, P., Webb, D. (2010). The New Zealand legal system: Structures and processes. (5th ed.). Wellington: LexisNexis.

Websites

Amnesty International http://amnesty.org

BBC News http://bbc.co.uk

Human Rights Watch http://hrw.org

Freedom House http://freedomhouse.org

New Zealand Electoral Commission http://elections.org.nz

New Zealand Herald http://nzherald.co.nz

New Zealand Ministry of Justice http://justice.govt.nz

Statistics New Zealand http://stats.govt.nz

The Constitution Conversation http://ourconstitution.org.nz

The World Justice Project http://worldjusticeproject.org/rule-of-law-index

Wikipedia http://wikipedia.org.nz

Legislation

Bill of Rights Act 1990

Constitution Act 1986

Electoral Act 1993

Human Rights Act 1993

Magna Carta 1297

Treaty of Waitangi 1840

International Treaties, Covenants and/or Declarations

International Covenant on Civil and Political Rights

Universal Declaration of Human Rights

US27835v2a Learner's Guide

Demonstrate understanding of concepts of democracy and government

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Contents
Contents

Concepts of Democracy and Government

2

Rule of Law

3

Separation of Powers

6

Rights and their limitations

9

Checks and balances

12

Civil liberties

14

Characteristics of New Zealand’s system of government

18

Near-universal suffrage

20

Free and fair elections

22

Respect for Human Rights

24

Unrestrained media

27

Constraints on executive power and independent judiciary

29

Protection of minorities

32

Other forms of government

35

Theocracy

37

Oligarchy

38

Autocracy

40

Review activity

42

Glossary

46

Appendix 1: Universal Declaration of Human Rights

47

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2

LESSON 1: Concepts of Democracy and Government

LESSON 1:

Concepts of Democracy and Government

Learning Objectives

On completion of this lesson, learners will have an understanding of the following concepts of democracy and government:

Rule of lawof the following concepts of democracy and government: Separation of powers Rights and their limitations Checks

Separation of powersfollowing concepts of democracy and government: Rule of law Rights and their limitations Checks and balances

Rights and their limitationsdemocracy and government: Rule of law Separation of powers Checks and balances Civil liberties A space

Checks and balancesof law Separation of powers Rights and their limitations Civil liberties A space has been left

Civil libertiesof powers Rights and their limitations Checks and balances A space has been left on the

A space has been left on the right of every page for you to make
A space has been left
on the right of every
page for you to make
notes about what
you are learning.

In this guide you are going to learn about key concepts of

democracy.
democracy.
government
government

and

What is a government?

A government is an organisation that has control over an area

of land. A government performs three main roles in relation to the area of land and the people living in it:

• To make and improve laws

• To make sure essential services (education, police, health etc) are implemented according to the law

• To have systems of justice (such as courts and tribunals) that deal with those who break the law, or to help those who are involved in disputes.

What is a democracy?

Democracy means, ‘rule by the people.’ A democratic government is a government that is run by citizens who are chosen by other citizens.

It is generally accepted that democratic governments are the

type of governments that offer the best range of freedoms to its people.

(You will learn more about other governments in the final lesson.)

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LESSON 1: Concepts of Democracy and Government

The following concepts (ideas, beliefs) are important in democratic governments. Rule of law Separation of
The following
concepts
(ideas, beliefs) are important in democratic
governments.
Rule of law
Separation of
Civil liberties
Powers
Concepts of
democracy
Rights
Checks and
and their
balances
limitations

We will look at each of these concepts in turn.

Rule of Law

Rule of Law

All people are equal before the law and must follow the law. Government officials and
All people are equal before the law and must
follow the law.
Government officials and the Courts must treat
everyone equally.
Wealth, status, nationality etc have no effect on a
person’s rights under the law.

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LESSON 1: Concepts of Democracy and Government

In New Zealand

• New Zealand tries to apply the rule of law consistently.

• All people must follow the law regardless of their wealth, race, or gender etc.

• New Zealand has been recognised as one of

or gender etc. • New Zealand has been recognised as one of corrupt the least 2016.
or gender etc. • New Zealand has been recognised as one of corrupt the least 2016.
or gender etc. • New Zealand has been recognised as one of corrupt the least 2016.
corrupt
corrupt

the least

2016. 1

countries in the world since

• However, there is still room for improvement. Many academics believe that the rule of law is not applied consistently in all situations. For example, the Courts may be harsher on Māori or Pacific Islanders than other races. 2

Around the World

In some countries, the rule of law is not applied consistently. Look at the two examples below:

is not applied consistently. Look at the two examples below: Example 1: Argentina In Argentina, there
is not applied consistently. Look at the two examples below: Example 1: Argentina In Argentina, there

Example 1: Argentina

In Argentina, there have been some problems with implementation of the rule of law. Government agencies do not consistently investigate claims of

misconduct
misconduct

. The Government is not often

accountable for their performance. 3

Example 2: People’s Republic of China

Although the courts in China are relatively effective, there has often been political

interference
interference

. Also, administrative agencies

are often influenced by wealthy individuals or other influential people (corruption). 4

1 Transparency International. Corruption perceptions index 2016. Retrieved from https://www.transparency.org/news/feature/ corruption_perceptions_index_2016 (date accessed 2018, February 01).

2 Workman, K. Māori over-representation in the criminal justice system – does structural discrimination have anything to do with it?.

Retrieved from http://www.rethinking.org.nz/assets/Newsletter_PDF/Issue_105/01_Structural_Discrimination_in_the_CJS.pdf (link expired)

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LESSON 1: Concepts of Democracy and Government

Read about the rule of law in other countries:

The World Justice Project – Rule of Law Index 2016 provides specific details and examples of how different countries apply the rule of law.

This booklet can be accessed at:

https://worldjusticeproject.org/sites/default/files/

documents/RoLI_Final-Digital_0.pdf

This booklet can be accessed at: https://worldjusticeproject.org/sites/default/files/ documents/RoLI_Final-Digital_0.pdf
Check Your Understanding Answer the following questions based on the information above: 1. What is

Check Your UnderstandingAnswer the following questions based on the information above: 1. What is the rule of

Answer the following questions based on the information above:

1. What is the rule of law?

2. How effective is New Zealand in applying the rule of law?

Try it for Yourself Choose one country that interests you. Research how it applies the

Try it for YourselfChoose one country that interests you. Research how it applies the rule of law. Is

Choose one country that interests you. Research how it applies the rule of law. Is the rule of law applied at an acceptable level? Why? Why not?

HINT: Use the World Justice Project document to find the information you need.

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LESSON 1: Concepts of Democracy and Government

Separation of Powers6 LESSON 1: Concepts of Democracy and Government There are three main parts of a government:

There are three main parts of a government:

of Powers There are three main parts of a government: Legislature Power to make and change

Legislature Power to make and change laws

of a government: Legislature Power to make and change laws Judiciary Power to make judgements on

Judiciary Power to make judgements on law

and change laws Judiciary Power to make judgements on law Executive Power to make laws into

Executive Power to make laws into action

It is important that each of these powers do their work without interference from the other parts of government. This makes sure that one organisation does not have all the power (which could lead to corruption and the rule of law being weakened).

For example: 1. The executive branch of government should not interfere with the specific decisions
For example:
1.
The
executive
branch of government should not interfere with
the specific decisions made by the judiciary.

2.

The judiciary should not criticise the laws made by the

legislature
legislature

. (However the judiciary can interpret laws in a way

that they think is fair and just.)

In New Zealand

• New Zealand has a reputation for ensuring that the three powers are kept separate.

• There are many checks and balances in place to ensure that each branch of government is separate and independent.

• There is concern that there is not enough separation between the executive and legislature. Many academics have argued that it is too easy for the executive government to push law through without thorough debate by the legislature.

This issue was highlighted with the introduction of the Paid Parental Leave bill that was introduced by the Labour Government in November 2017. The National Government argued that the bill should not have been introduced as urgent as it will not be thoroughly reviewed. 3

as urgent as it will not be thoroughly reviewed. 3 3 Radio New Zealand. Govt puts
as urgent as it will not be thoroughly reviewed. 3 3 Radio New Zealand. Govt puts
as urgent as it will not be thoroughly reviewed. 3 3 Radio New Zealand. Govt puts

3 Radio New Zealand. Govt puts Parliament into urgency to start 100-day plan https://www.radionz.co.nz/news/political/343384/ govt-uses-urgency-to-start-100-day-plan (date accessed 2018, February 01).

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LESSON 1: Concepts of Democracy and Government

Around the World

Not all countries have a ‘three powers’ approach like New Zealand. Look at how the following countries try to make sure that no one branch of government has too much power:

sure that no one branch of government has too much power: Example 1: Costa Rica Costa
sure that no one branch of government has too much power: Example 1: Costa Rica Costa

Example 1: Costa Rica

Costa Rica has five powers instead of three. These powers are the legislature, executive, judiciary, AND:

• Electoral branch (a branch that deals with elections only)

• Audit branch (a branch that audits the actions and finances of the government)

Example 2: Taiwan

Taiwan also has five powers instead of three. These powers are the legislature, executive, judiciary, AND:

• Examination branch (a branch that deals with the management of civil service personnel

• Audit branch (a branch that audits the actions and finances of the government)

Check Your Understanding 1. What is the Separation of Powers? 2. Why is the separation
Check Your
Understanding
1.
What is the Separation of Powers?
2.
Why is the separation of powers important?
Continued on next page

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LESSON 1: Concepts of Democracy and Government

3. What are the three branches of government in New Zealand?

Try it for Yourself Read the following information about the judiciary in North Korea. Does
Try it for Yourself Read the following information about the judiciary in North Korea. Does

Try it for Yourself

Read the following information about the judiciary in North Korea. Does the separation of powers exist effectively in North Korea? Why? Why not? Explain.

North Korea’s judiciary is neither transparent nor independent. All personnel involved in the judiciary—including judges, prosecutors, lawyers, court clerks, and jury members—are appointed and tightly controlled by the ruling Workers’ Party of Korea. In cases designated as political crimes, suspects are not even sent through a nominal judicial process; after interrogation they are either executed or sent to a forced labor camp, often with their entire families. 4

process; after interrogation they are either executed or sent to a forced labor camp, often with

4 Human Rights Watch. (2012). World report 2012: North Korea. Retrieved from http://www.hrw.org/world-report-2012/world-report- 2012-north-korea (date accessed 2018, February 01).

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LESSON 1: Concepts of Democracy and Government

Rights and their limitations

Rights and their limitations

Most governments have laws that limit the power of the government. Some countries have a
Most governments have laws that limit the power
of the government.
Some countries have a supreme law called a
‘constitution’.
Other countries have laws, rules, and principles
that limit power.

In New Zealand

New Zealand does not have a constitution. However, there are a number of laws that limit the power of the government.

Bill of Rights Act 1990

• The Act gives important rights to NZ citizens. These include freedom from discrimination, the right to have a fair hearing, rights when imprisoned, etc.

• All laws made by the Government must comply with the terms of the Bill of Rights Act.

Constitution Act 1986

• This Act outlines New Zealand’s system of government. It highlights the roles and functions of the legislature, executive, and the judiciary. The Government cannot act outside this law.

Treaty of Waitangi 1840

• The Treaty of Waitangi is New Zealand’s founding document. It is an agreement between the British Crown and Māori. The Treaty is one of the factors that must be taken into account when making law in New Zealand.

Other laws that restrict the role of government in New Zealand:

Human Rights Act 1993, Electoral Act 1993, Magna Carta 1297

Human Rights Act 1993, Electoral Act 1993, Magna Carta 1297 Around the World Some countries put

Around the World

Some countries put limitations on the role of government to maximize the rights of the individual. Other countries have very few limitations on the role of the government. These governments often abuse the rights of citizens living in the country.

Look at the examples over the page. Both governments highlighted have constitutions. However, one government places a great deal of

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LESSON 1: Concepts of Democracy and Government

importance on their constitution (USA) and the other does not (North Korea).

constitution (USA) and the other does not (North Korea). Example 1: United States of America The
constitution (USA) and the other does not (North Korea). Example 1: United States of America The

Example 1: United States of America

The Constitution of the United States of America is one of the most famous constitutions in the world. This constitution is supreme law in the United States. This means that the Government cannot make legislation that is against the terms of the constitution. The Government must follow the constitution in all their actions.

Example 2: North Korea

North Korea has a constitution called the ‘Socialist Constitution of the Democratic People’s Republic of Korea.’ Although the constitution allows for freedom of expression and freedom of religion, it is widely believed that North Koreans are not permitted to express their political or religious views. The North Korean Government does not consistently follow the terms of their constitution.

What do You Think? 1. Why is it important for a government to have limitations
What do You Think? 1. Why is it important for a government to have limitations

What do You Think?

1. Why is it important for a government to have limitations on its power?

2. What are some ways that a government limits its own powers?

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LESSON 1: Concepts of Democracy and Government

Try it for Yourself Read the following section. Do you think it is good that
Try it for Yourself Read the following section. Do you think it is good that

Try it for Yourself

Read the following section. Do you think it is good that the Treaty can limit the actions of the New Zealand Government? Why? Why not?

The role of the Treaty of Waitangi in New Zealand’s constitution

The Treaty is generally regarded as New Zealand’s founding document and influences the relationship between the Crown and Māori.

The Treaty of Waitangi is an agreement made between the British Crown and Māori chiefs in 1840. It enabled the British to establish a government in New Zealand and confirmed to Māori the right to continue to exercise rangatiratanga (chieftainship).

The Treaty of Waitangi and the exercise of public power

The Treaty is one of the factors that may be taken into account in law-making and public decision-making.

References to the Treaty in legislation require public decision-makers to take the Treaty into account in the specific context of the legislation. For example, the New Zealand Public Health and Disability Act 2000 provides opportunities for Māori to contribute to decision-making and the delivery of health and disability services.

Generally legislation refers to principles of the Treaty rather than the Treaty itself. 5

5 The Constitution Conversation. Treaty of Waitangi. Retrieved from http://www.ourconstitution.org.nz/Treaty-of-Waitangi (link expired).

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LESSON 1: Concepts of Democracy and Government

Checks and balances It is important to make sure that a government is accountable for
Checks and balances
It is important to make sure that a government is
accountable
for their actions.
In most countries, organisations exist that check
the Government is operating according to the law
(or constitution)
The three branches of government often monitor
each other.

For example:

1. The legislature can inquire about the actions of the executive and ask them to explain why they have taken certain actions.

2. The judiciary can interpret laws that are made by the legislature in a way that the judiciary thinks is fair and just.

In New Zealand

In New Zealand the following organisations check the Government in order to make sure that they are acting in accordance with the law:

• Ombudsman The ombudsman investigates complaints raised by the public (or issues they have identified themselves). They do not take sides – they just investigate both sides of the issue and then report on it.

• Auditor-General The Auditor-General helps give the public confidence that all public-sector organisations are operating properly. The Auditor- General investigates different matters and highlights changes that need to be made, if necessary.

Around the World

Other governments have branches or organisations that help ensure that the government is performing its role in accordance with the law. Look at the examples on the next page.

with the law. Look at the examples on the next page. US27835v2a Learner's Guide Demonstrate understanding

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LESSON 1: Concepts of Democracy and Government

13 LESSON 1: Concepts of Democracy and Government Example 1: United Kingdom and other liberal democratic
13 LESSON 1: Concepts of Democracy and Government Example 1: United Kingdom and other liberal democratic

Example 1: United Kingdom and other liberal democratic countries

One important element that acts as a check and balance on the actions of the Government, is the media.

The media informs the public about the actions of the Government. If the public are unhappy with the actions of the Government, they will complain or protest. As the Government wants to be re- elected, they will probably stop or resolve their actions in order to regain public support.

Example 2: South Korea

In South Korea, judges for the constitutional court are partially appointed by the judiciary and partially appointed by the legislature. This ensures that one branch of government does not have absolute decision-making power over who should be involved in the judiciary.

Note: Some governments do not have organisations that perform checks and balances. As a result, the citizens from these countries often suffer from abuses of human rights and justice.

Check Your Understanding What types of checks and balances do most governments have to prevent
Check Your Understanding What types of checks and balances do most governments have to prevent

Check Your Understanding

What types of checks and balances do most governments have to prevent an abuse of government power?

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LESSON 1: Concepts of Democracy and Government

Civil liberties

Civil liberties

Rights for citizens that are guaranteed by a government. These rights are based on human
Rights for citizens that are guaranteed by a
government.
These rights are based on human rights.
Civil rights are normally outlined in the ‘Bill of
Rights’ or ‘Human Rights’ laws that have been
enacted by the Government.
Here are some general civil liberties that are granted by most democracies: Right to life
Here are some general civil liberties that are granted by most
democracies:
Right to life
Right to
Freedom from
meet in
torture
groups
Civil liberties
Freedom from
Right to marry
slavery
Right to
choose own
religion

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LESSON 1: Concepts of Democracy and Government

In New Zealand

New Zealand has a good history of giving civil liberties to its citizens. Look at the following contents of the New Zealand Bill of Rights Act 1990. These highlight the basic civil liberties that are offered to all New Zealanders.

civil liberties that are offered to all New Zealanders. Part 2: Civil and political rights Life

Part 2: Civil and political rights

Life and security of the person

8 Right not to be deprived of life

9 Right not to be subjected to torture or cruel treatment

10 Right not to be subjected to medical or scientific experimentation

11 Right to refuse to undergo medical treatment

Democratic or civil rights

12 Electoral rights

13 Freedom of thought, conscience, and religion

14 Freedom of expression

15 Manifestation of religion and belief

16 Freedom to peaceful assembly

17 Freedom of association

18 Freedom of movement

Non-discrimination and minority rights

19 Freedom from discrimination

20 Rights of minorities

Search, arrest, and detention

21 Unreasonable search and seizure

22 Liberty of the person

23 Rights of persons arrested and detained

24 Rights of persons charged

25 Minimum standards of criminal procedure

26 Retroactive penalties and double jeopardy

27 Right to justice

Note: Go to legislation.govt.nz to read about each of these civil liberties in more detail. You will need to type ‘Bill of Rights Act 1990’ into the search box.

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LESSON 1: Concepts of Democracy and Government

Around the World

There are a number of countries around the world that give a full range of civil liberties to its citizens. These governments include the United Kingdom, Australia, Japan, and so on.

Some other governments do not have a good record of offering civil liberties to its citizens. Look at the following examples below:

to its citizens. Look at the following examples below: Example 1: Saudi Arabia Many civil liberties
to its citizens. Look at the following examples below: Example 1: Saudi Arabia Many civil liberties

Example 1: Saudi Arabia

Many civil liberties are restricted in Saudi Arabia. Women especially have a number of restrictions placed on them. For example, women must have a male guardian who is responsible for them and they have to get permission before getting married.

In Saudi Arabia, there is no religious freedom. All Saudis are expected to follow the national religion, Islam.

Example 2: Myanmar

Freedom of Assembly has recently been restricted in Myanmar with the passing of the Peaceful Assembly and Procession law. Only protests that the Government approves are allowed to go ahead.

Also, a law was recently passed which prevents people publishing documents that criticize state policy.

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LESSON 1: Concepts of Democracy and Government

Try it for Yourself Look at the following map and list five countries that have
Try it for Yourself Look at the following map and list five countries that have

Try it for Yourself

Look at the following map and list five countries that have a good record of offering civil liberties and five countries that have a poor record of offering civil liberties.

6
6

Key to Map:

good record of providing civil libertiesa poor record of offering civil liberties. 6 Key to Map: partly good record of providing

partly good record of providing civil liberties6 Key to Map: good record of providing civil liberties poor record of providing civil liberties

poor record of providing civil libertiesliberties partly good record of providing civil liberties = = = Answers: Good civil liberties: Poor

=

=

=

Answers:

Good civil liberties:

Poor civil liberties:

1.

1.

2.

2.

3.

3.

4.

4.

5.

5.

6 Freedom House. 2017 Freedom in the world. Retrieved from https://freedomhouse.org/report/freedom-world/freedom-world-2017 (date accessed 2018, February 01).

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LESSON 2: Characteristics of New Zealand’s system of government

LESSON 2:

Characteristics of New Zealand’s system of government

Learning Objectives

On completion of this lesson, learners will have an understanding of the key characteristics of New Zealand’s system of government.

In the previous lesson, you learnt about the key concepts of democracy and government:

Rule of

Checks and

Separation

Rights and their

Civil

law

balances

of powers

limitations

liberties

In this lesson you will study the key characteristics of New Zealand’s

system of government, a

characteristics of New Zealand’s system of government, a liberal democracy. The following diagram highlights these

liberal democracy. The following diagram

highlights these characteristics. Near universal suffrage Protection of minorities Free and fair elections New
highlights these characteristics.
Near
universal
suffrage
Protection of
minorities
Free and fair
elections
New Zealand’s
system of
government
Free and fair
elections
Respect for
human rights
Constraints
Unrestrained
on executive
media
power

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LESSON 2: Characteristics of New Zealand’s system of government

The concepts that you studied in the previous lesson are the key building blocks to a system of government like New Zealand’s one.

Think of New Zealand’s system of government like a tree:

1. The roots of the tree are the concepts of democracy and government.

2. The trunk of the tree is liberty and equality for all citizens.

3. The branches and leaves of the tree are the specific characteristics of New Zealand’s system of government.

Unrestrained

Constraints on executive power

media Protection of minorities LIBERTY EQUALITY Rule of Law Civil Liberties Checks and balances
media
Protection
of minorities
LIBERTY
EQUALITY
Rule of Law
Civil Liberties
Checks and
balances

Separation

of Powers

Free and fair elections

Near universal

suffrage

Respect for

human rights

Independent

judiciary

Rights and their limitations

In this section, we will look at the different characteristics of New Zealand’s system of government.

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LESSON 2: Characteristics of New Zealand’s system of government

Near-universal suffrage2: Characteristics of New Zealand’s system of government Suffrage This characteristic relates to: Rule of Law:

Suffrage
Suffrage
This characteristic relates to: Rule of Law: Everyone is equal before the law. Laws should
This characteristic relates to:
Rule of Law:
Everyone is equal before the
law. Laws should be made that
apply to all people (not just
specific groups).
Civil Liberties:
It is a right of all citizens to be
able to vote for who they want
to represent them in parliament.

means the right to vote

for a political party or people to represent you in government.

Most countries with systems of government like New Zealand’s allow for all citizens over a certain age (usually 18) to vote, regardless of their gender or race.

Usually people under 18 are not permitted to vote in democracies. This is because those under 18 are thought to be too young to make important decisions.

This is an area of debate. Many people think that those under 18 should be given the right to vote for who is running their country.

be given the right to vote for who is running their country. One characteristic of New

One characteristic of New Zealand’s system of government is that everyone has the right to vote.

In New Zealand

• New Zealand has universal suffrage for those over 18.

• New Zealand was the first country to give women the right to vote. Kate Sheppard (who appears on the $10 note) played an important role in this.

• All New Zealand citizens, regardless of gender, race, religion etc are allowed to vote.

• One exception is that any person who is sentenced to any term of imprisonment is not allowed to vote while they are in prison. Many people believe that this is against the rule of law and civil liberties.

that this is against the rule of law and civil liberties. 7 BBC News UK. (2012,
that this is against the rule of law and civil liberties. 7 BBC News UK. (2012,

7 BBC News UK. (2012, October 14). Viewpoints: Can 16- and-17-year olds be trusted with the vote? Retrieved from http:// www.bbc.co.uk/news/uk-19908031 (date accessed 2018, February 01)

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Check Your Understanding 1. What is suffrage? 2. Who is allowed to vote in New

Check Your Understanding1. What is suffrage? 2. Who is allowed to vote in New Zealand? 3. Which

1. What is suffrage?

2. Who is allowed to vote in New Zealand?

3. Which concepts of democracy does suffrage relate to?

Try it for Yourself Read the following quote from a newspaper article. In the quote

Try it for YourselfRead the following quote from a newspaper article. In the quote the writer is arguing

Read the following quote from a newspaper article. In the quote the writer is arguing that 16 and 17 year olds should be allowed to vote.

We already accept 16-year-olds are able to make rational long-term decisions because we allow them to work full-time, join the Army, and pay tax. I don’t think you can argue young people are able to take the decision to choose to get married or to have children, but are incapable of choosing how to vote.

But it’s not just about capability. Young people rely on public services such as transport and schools, but they have no influence over policies which affect their lives - it’s no wonder they are disengaged. Lowering the voting age gives these young people the chance to have their say over the society they want to be part of. 7

Do you agree with the writer’s opinion? Why? Why not?

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LESSON 2: Characteristics of New Zealand’s system of government

Free and fair elections

Free and fair elections

This characteristic relates mostly to: Rule of Law: Everyone is equal before the law. Laws
This characteristic relates
mostly to:
Rule of Law:
Everyone is equal before the
law. Laws should be made that
allow all people to engage fairly
in the election process.
Rights and their Limitations:
The Government should not be
able to make laws or act in a
way that prevents free and fair
elections.

‘Elections’ refers to the selection of:

• a political party to govern the executive part of government AND

• members of parliament to debate new laws and to hold the executive part of government accountable.

There are many different ways that political parties are elected into parliament. The most important element of elections is that they need to be free and fair for all citizens.

Free and fair elections have the following characteristics:

• An independent organisation that administers (runs) the election process

• Guaranteed rights for citizens under a constitution or election law

• The media represents all political parties equally

• Accessible polling places

• An open and transparent voting and ballot counting process

• Freedom of speech and expression during the election process

• Freedom for all political groups (and other groups) to meet

• Freedom to register as an elector, a party, or a candidate

• Freedom to access voting places and to vote in secret

• Freedom to question or complain about the voting process

• Freedom to question or complain about the voting process One characteristic of New Zealand’s system
• Freedom to question or complain about the voting process One characteristic of New Zealand’s system

One characteristic of New Zealand’s system of government is that elections must be free and fair.

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LESSON 2: Characteristics of New Zealand’s system of government

In New Zealand

• Elections in New Zealand are thought to be free and fair.

• Elections are held every three years (and parliament is unable to change this).

• Every New Zealand citizen over 18 must enrol to vote.

• The Electoral Commission is responsible for administering elections. This commission is independent from the Government.

Look at the following objectives of the Electoral Commission:

at the following objectives of the Electoral Commission: The Electoral Act defines the objective of the

The Electoral Act defines the objective of the Electoral Commission as:

“… to administer the electoral system impartially, efficiently, effectively, and in a way that-

(a)

facilitates participation in parliamentary democracy; and

(b)

promotes understanding of the electoral system; and

(c)

maintains confidence in the administration of the electoral

system.” 8

Check Your Understanding 1. What are elections? 2. What should elections be like in a
Check Your Understanding 1. What are elections? 2. What should elections be like in a

Check Your Understanding

1. What are elections?

2. What should elections be like in a country?

3. Are elections in New Zealand free and fair? Why? Why not?

8 Electoral Commission. (2013, May). Electoral commission: Statement of intent. Retrieved from http://www.elections.org.nz/ sites/default/files/plain-page/attachments/Electoral Commission SOI 2013-16_0.pdf (date accessed 2018, February 01).

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LESSON 2: Characteristics of New Zealand’s system of government

Respect for Human Rights

Respect for Human Rights

This characteristic relates mostly to: Rule of Law: Everyone is equal before the law. Laws
This characteristic relates
mostly to:
Rule of Law:
Everyone is equal before the
law. Laws should be made that
give all people their human
rights.
Civil Liberties:
Laws should be made that
give citizens basic freedoms
as highlighted in the Universal
Declaration of Human Rights.
Rights and their Limitations:
The rights of the Government
should be limited so that they
cannot override the rights of the
individual to liberty and equality.

Human rights are the rights that all human beings should be given, regardless of their nationality, place of residence, sex, national or ethnic origin, religion, sexual orientation, language, or any other status.

The Universal Declaration of Human Rights was adopted by the United Nationals General Assembly in 1948. This document outlines the basic human rights that apply to all humans. Read this declaration in Appendix 1.

Elements of the declaration have been included in many international treaties, such as the International Covenant on Civil and Political Rights (ICCPR). The ICCPR has been signed and ratified by 167 countries.

Although documents such as the ICCPR highlight a country’s intention to follow human rights law, all countries need to implement that law into their national law.

What do You Think? Can you think of any other human rights than the ones
What do You Think? Can you think of any other human rights than the ones

What do You Think?

Can you think of any other human rights than the ones listed above? If you are not sure, refer to the Universal Declaration of Human Rights document in Appendix 1.

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LESSON 2: Characteristics of New Zealand’s system of government

2: Characteristics of New Zealand’s system of government One characteristic of New Zealand’s system of government
2: Characteristics of New Zealand’s system of government One characteristic of New Zealand’s system of government
2: Characteristics of New Zealand’s system of government One characteristic of New Zealand’s system of government

One characteristic of New Zealand’s system of government is that human rights are respected.

system of government is that human rights are respected. In New Zealand New Zealand has two
system of government is that human rights are respected. In New Zealand New Zealand has two

In New Zealand

New Zealand has two pieces of legislation that include elements from the Universal Declaration of Human Rights and the ICCPR.

These laws are the:

Human Rights Act 1993

This law outlaws various forms of discrimination, including discrimination based on:

forms of discrimination, including discrimination based on: • Marital status • Ethical belief • Disability •

• Marital status

• Ethical belief

• Disability

• Sexual orientation

• Political opinion

Bill of Rights Act 1990

This law outlines the various freedoms of New Zealand citizens in relation to civil and political rights. (See the previous section on this law).

In general, New Zealand has a very good record of providing human rights for its citizens. For example, in 2013 New Zealand amended the Marriage Act 1955 to permit people of the same sex to marry each other. It was argued that it was a human right for two adults to marry each other, regardless of sex.

However, child poverty and violence against woman are growing human rights concerns in New Zealand:

Up to one in three children are living in poverty in New Zealand, a large majority of these being Māori or Pacific Island children. 9

There have been increases in the level of violence against women; however, the Government is committed to putting more funding towards dealing with issue. 10

9 Amnesty International. New Zealand 2016/2017. Retrieved from https://www.amnesty.org/en/countries/asia-and-the-pacific/ new-zealand/report-new-zealand/ (date accessed 2018, February 01).

10 Ibid.

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What do You Think? 1. What are human rights? 2. What is the name of
What do You Think? 1. What are human rights? 2. What is the name of

What do You Think?

1. What are human rights?

2. What is the name of an important international human rights treaty (covenant)?

3. Does New Zealand have a good human rights record? Why? Why not?

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LESSON 2: Characteristics of New Zealand’s system of government

Unrestrained media

Unrestrained media

This characteristic relates mostly to: Rights and their Limitations: The Government should be limited in
This characteristic relates
mostly to:
Rights and their Limitations:
The Government should be
limited in the restrictions that it
puts on the media.
Civil Liberties:
The public should also be free
to find out information that they
think is important for them.

The media is the term given for organisations that communicate current events and news with the public.

In countries with systems of government like New Zealand’s, the media should be free to report any news that it thinks is important for the public. This is provided that it respects confidentiality and privacy laws. All citizens should be free to find out information that helps them participate in society. They should know about the actions of the Government and be able to debate the decisions of the Government openly.

be able to debate the decisions of the Government openly. Professor Guy Berger, Rhodes University One

Professor Guy Berger, Rhodes University

Government openly. Professor Guy Berger, Rhodes University One characteristic of New Zealand’s system of government

One characteristic of New Zealand’s system of government is that the media is unrestrained by the Government.

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LESSON 2: Characteristics of New Zealand’s system of government

In New Zealand

• The freedom of the media is guaranteed in the Bill of Rights Act

1990.

• The media is generally free from any government interference. It can act as a ‘watchdog’ against government abuses of power.

• There has been a history of media censorship in New Zealand. For example, during World War 2, all media outlets were censored. This was to ensure that no information that could benefit the enemy was released.

• The media cannot publish anything that discriminates against someone/a group or is factually untrue.

against someone/a group or is factually untrue. Check Your Understanding 1. What is the media? 2.
Check Your Understanding 1. What is the media? 2. Why is it important to have
Check Your Understanding 1. What is the media? 2. Why is it important to have

Check Your Understanding

1. What is the media?

2. Why is it important to have a media that is not restrained?

3. Do you think it is important to have media censorship during times of war? Why? What are the dangers of such media censorship?

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LESSON 2: Characteristics of New Zealand’s system of government

Constraints on executive power and independent judiciary

Constraints on executive power and independent judiciary

This characteristic relates mostly to: Separation of Powers: If the three branches of government are
This characteristic relates
mostly to:
Separation of Powers:
If the three branches of
government are independent
and separate, then this means
that the executive branch cannot
override the powers of the
legislature and judiciary.
Checks and Balances:
The three branches of government
should act independently and also
‘keep an eye’ on the operation of
the other branches of government
to make sure that they are not
overstepping their powers.

Two key characteristics of systems of government like New Zealand’s are the:

constraints
constraints

that are placed

on the executive and

independence
independence

the

judiciary.

of the

Constraints on executive power Constraints on the executive mean that limits are put in place to ensure that the executive branch of government does not have too much power. Most countries, like New Zealand, have the following constraints in place to stop the executive acting without the support of the legislature and general public:

Separation of Powers Power is spread between the legislature, judiciary, and the executive (see the previous lesson for more information about this).

A codified constitution A constitution clearly highlights the rights of all citizens and the powers of the Government. Governments cannot alter the constitution or act in a way that is against the terms of the constitution.

An upper house An upper house has the function of giving advice and consent to some executive decisions. It acts as a ‘watchdog’ over the executive and can, is some cases, stop laws from being passed.

An elected head of state An elected head of state, such as a President, is usually restricted to serving the country for a limited period.

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Independent judiciary In addition to having constraints on the executive, another characteristic of countries similar to New Zealand is an independent judiciary. An independent judiciary has the following characteristics:

Free from interference Respected by government The outcome of a case cannot be influenced by
Free from interference
Respected by government
The outcome of
a case cannot
be influenced by
those involved
in the case or by
others who are
interested in the
outcome.
Impartial
Once a decision
has been
made, this
decision must
be respected by
the executive
branch of
government.
The outcome
of a court case
must not be
influenced by
the judge’s
personal interest
in the case.
Two characteristics of New Zealand’s system of government are constraints on the executive and an
Two characteristics of New Zealand’s system of government are constraints on the executive and an
Two characteristics of New Zealand’s system of government are constraints on the executive and an

Two characteristics of New Zealand’s system of government are constraints on the executive and an independent judiciary.

In New Zealand

• New Zealand generally has an executive government that is constrained. If it exercises too much power, the legislature, media, and

watchdogs
watchdogs

other

will raise the issue.

• However, there is concern that New Zealand does not have:

a) A constitution

b) An upper house

Zealand does not have: a) A constitution b) An upper house Having these elements may further

Having these elements may further improve the functioning of the executive.

• Also, the judiciary is generally very independent in New Zealand.

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LESSON 2: Characteristics of New Zealand’s system of government

Check Your Understanding 1. What does the term ‘constraints on executive power’ mean? 2. Why
Check Your Understanding 1. What does the term ‘constraints on executive power’ mean? 2. Why

Check Your Understanding

1. What does the term ‘constraints on executive power’ mean?

2. Why is it important to have an executive branch of government that has constraints on it?

3. What are three elements of an independent judiciary?

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LESSON 2: Characteristics of New Zealand’s system of government

Protection of minorities This characteristic relates mostly to: Rule of Law: Civil Liberties: Everyone is
Protection of minorities
This characteristic relates mostly to:
Rule of Law:
Civil Liberties:
Everyone is equal before the law,
including minority groups.
Everyone has the right to enjoy
freedom and basic rights, including
minority groups.
What do You Think? Think of some minority groups in New Zealand. Minority groups
What do You Think? Think of some minority groups in New Zealand. Minority groups
What do
You Think?
Think of some minority groups in New Zealand.
Minority
groups

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LESSON 2: Characteristics of New Zealand’s system of government

It is important that the voices of minority groups are heard. This means that those who belong to minority groups should be able to participate effectively in the Government and be able to have their say about issues that affect them.

Countries should also ensure that minorities have freedom from persecution and discrimination. There are many international conventions and other documents that affirm the rights of minority groups.

For example:

• The Yogyakarta Principles have been approved as an official document in relation to the rights of LGBTQ people.

• The Convention on the Rights of Persons with Disabilities covers the rights of persons with disabilities

• The Framework Convention for the Protection of National Minorities covers rights of ethnic minority groups within a country.

covers rights of ethnic minority groups within a country. One characteristic of New Zealand’s system of

One characteristic of New Zealand’s system of government is the protection of all minority groups.

In New Zealand

• New Zealand is a multi-cultural society. There are many different ethnic groups as well as people with different religions, sexual orientations, political leanings, and so on.

• New Zealand has two key laws that protect the rights of all New Zealanders, including minority groups. These laws are:

• The Human Rights Act 1993

• The Bill of Rights Act 1990

The Human Rights Act 1993 • The Bill of Rights Act 1990 • When compared to

• When compared to other countries throughout the world, New Zealand does a relatively good job at protecting minority groups.

• Although minority groups have the same rights under law as the majority, there is still a big gap in outcomes between the NZ European (Pākehā) majority and minority groups. For example the Ministry of Health states the following.

“In 2013, non-Māori were more advantaged than Māori across all socioeconomic indicators presented. Māori adults had lower rates of school completion and much higher rates

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LESSON 2: Characteristics of New Zealand’s system of government

of unemployment. More Māori adults had personal income less than $10,000, and more Māori adults received income support. Māori were more likely to live in households without any telecommunications (including internet access) and without motor vehicle access. More Māori lived in rented accommodation and lived in crowded households. One in five Māori children and two in five Māori adults are obese. These rates are higher than the national average.” 11

Check Your Understanding 1. What is a minority group? 2. How are minority groups protected
Check Your Understanding 1. What is a minority group? 2. How are minority groups protected

Check Your Understanding

1. What is a minority group?

2. How are minority groups protected by liberal democracies?

3. Does New Zealand have a good reputation for protecting minority groups?

11 Ministry of Health. Socioeconomic indicators Retrieved from https://www.health.govt.nz/our-work/populations/maori-health/

tatau-kahukura-maori-health-statistics/nga-awe-o-te-hauora-socioeconomic-determinants-health/socioeconomic-indicators (date accessed 2018, February 01)

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LESSON 3: Other forms of government

LESSON 3:

Other forms of government

Learning Objectives

On completion of this lesson, learners will have an understanding of other forms of government, including:

Theocratic governmentsan understanding of other forms of government, including: Oligarchical governments Autocratic governments In the

Oligarchical governmentsother forms of government, including: Theocratic governments Autocratic governments In the previous lessons, you learnt

Autocratic governmentsincluding: Theocratic governments Oligarchical governments In the previous lessons, you learnt about the key concepts

In the previous lessons, you learnt about the key concepts of democracy and the key characteristics of New Zealand’s system of government:

Concepts of

Democracy

Characteristics of New Zealand’s system of government

Checks and balances

Separation of powers

Rights and their limitations

Civil liberties

Rule of law

Rights and their limitations Civil liberties Rule of law Near-universal suffrage Free and fair elections Respect

Near-universal suffrage

Free and fair elections

Respect for human rights

An unrestrained media

Constraints on executive power

Rule of law and independent judiciary

Protection of minorities

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LESSON 3: Other forms of government

In this lesson, you will learn about other forms of government. The forms of government that you will look at do not apply to all the concepts of democracy that you have learnt about. The following diagram highlights five forms of government that do not apply (or even aim to apply) each concept of democracy.

Theocracy Authoritarian Oligarchy government Forms of Government Anarchy Autocracy Absolute Monarchy Forms of
Theocracy
Authoritarian
Oligarchy
government
Forms of
Government
Anarchy
Autocracy
Absolute
Monarchy
Forms of government

We will look at three of these forms of government in detail:

• Theocracy

• Oligarchy

• Autocracy

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Theocracy

Theocracy

A theocracy is a government where God is

recognised as the head of the government. ‘Theo’ means ‘God’ and ‘-cracy’ means

government. In a pure theocracy, the leader

is believed to have a direct connection with

God. The actions of a theocratic government depend on the beliefs that the Government has about the nature of God.

the beliefs that the Government has about the nature of God. Salam! My name is Medina
the beliefs that the Government has about the nature of God. Salam! My name is Medina
the beliefs that the Government has about the nature of God. Salam! My name is Medina
Salam! My name is Medina and I am from Saudi Arabia. Saudi Arabia is a
Salam! My name is Medina and I am from Saudi
Arabia. Saudi Arabia is a wealthy country in
the Middle East. Saudi Arabia has a king called
Abdullah. The King must follow
Sharia law
and the
Quran in any laws that he makes.
My country follows Islamic law more closely than
any other country in the world. Some foreigners
criticize my country because women do not have
the same opportunities as men here. All women
must have a guardian, they cannot drive freely,
and they cannot travel without permission.
Also, it is illegal for any citizen to convert to
another religion. Everyone must be Muslim. There
are harsh penalties for changing religions.

As you can see from the descriptions above, a theocracy is very different to a New Zealand’s system of government.

Rule of Law – In some theocracies, not all people are treated equally before the law. People who are a different gender or different religion may not have the same rights as others.

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LESSON 3: Other forms of government

Separation of Powers – In many theocracies, all decision- making power is usually vested in one person, who is seen as a representative for God. That person will often make new laws, execute the laws, and make decisions on individual cases. However, some theocracies apply the Separation of Powers more consistently.

Civil liberties – Civil liberties are often heavily restricted in a theocracy in order to ensure compliance with religious doctrine. For example, people may not be able to eat certain foods or take part in certain activities because the religion forbids these.

Oligarchy

Oligarchy

An oligarchy is a form of government where the power rests in a small number of people. These people may be a group that is a specific race or a group who have a specific education, specific amount of wealth, or type of military control.

Often oligarchies are controlled by a few families who pass their wealth from on one generation to the next.

Hallo. I used to live in South Africa before its first democratic elections in 1994.
Hallo. I used to live in South Africa before its first democratic elections in
1994. Before the 1994 elections, many international observers called South
Africa an oligarchy. This was because a small minority (Caucasian
South
Africans) had power over the majority.
In elections, only the minority were allowed to vote or have decision-making
power. A number of areas were segregated so that the minority and majority
groups could not mix in public.
The judiciary and the legislature were all controlled by the Caucasian minority.
South Africa has changed a lot now; however there are still many race-based
issues that the country needs to work through.
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LESSON 3: Other forms of government

You are now going to think about how an oligarchy applies the key concepts of democracy.

South Africa prior to 1994

1. How was the rule of law applied in South Africa prior to 1994?

2. What civil liberties were abused during this time?

3. What characteristics of a liberal democracy did South Africa not have during this time?

USA today

1. According to the speaker in the speech bubble above, what concepts of democracy are not being fully complied with in the USA?

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LESSON 3: Other forms of government

Autocracy

Autocracy

An autocracy is a type of government where one person has all power. The person in control does not submit themselves to legislation or the courts.

does not submit themselves to legislation or the courts. You are now going to think about
does not submit themselves to legislation or the courts. You are now going to think about
does not submit themselves to legislation or the courts. You are now going to think about
does not submit themselves to legislation or the courts. You are now going to think about

You are now going to think about how an autocracy applies or fails to apply the key concepts of democracy.

South Africa prior to 1994

1. According to the speaker, how was the Separation of Powers applied (or not applied) in Cambodia?

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LESSON 3: Other forms of government

2. According to the speaker, how were civil liberties abused.

3. What characteristics of a liberal democracy did Cambodia not have during this time?

Nazi Germany

1. What concepts of democracy were not applied by the Hitler and the Nazi Party?

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Review activity

Review

activity

In this activity, you will compare New Zealand’s system of government with another form of government. Read the article below and answer the questions that follow.

My name is Sarah. I lived in Uganda from 1950 to 1978. From 1971, Uganda was ruled by Idi Amin. His full title was, ‘His Excellency

President for Life, Field Marshal Alhaji Dr. Idi Amin Dada, Lord of All the Beasts of the Earth and Fishes of the Seas and Conqueror of the British Empire in Africa in General and Uganda in Particular.’

in 1971 and declared himself

Idi Amin seized power in a military coup

president of Uganda. Amin installed military personnel in government

positions.

Amin persecuted any group that opposed his rule. First, he persecuted

family were

anybody who supported the old president, Obote. My

supporters of Obote. Amins soldiers killed my two uncles and one of

that has haunted me forever.

my aunts. It is something

Amin also persecuted other ethnic groups. All Asians were made

(such as lawyers, doctors,

to leave the country, many intellectuals

university lecturers etc) we imprisoned or assassinated. Apparently

over 500,000 people were killed during Amin’s rule.

Under Amin, parliament did not have any law making power all this

power was given to the military,

power was given to Amin. All judicial which was also controlled by Amin.

I was fortunate to escape Uganda and live in Tanzania as a refugee. If I stayed in Uganda, I don’t think I would have survived.

think I would h a v e s u r v i v e d .

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Idi Amin addressing the United Nations General Assembly in New York, 1975.

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Review activity

Choose three different concepts of democracy and complete one of the tables below for each concept. For each concept of democracy, you need to:

1. Explain what the concept is

2. Describe one characteristic that relates to the concept of the democracy

3. Explain how the concept and characteristic is applied in New Zealand

4. Explain how the concept and characteristic was not applied in Uganda under Idi Amin’s rule.

Use examples to support your answers.

1

Concept of

Democracy

2

Characteristic(s)

of Democracy

3

New Zealand

government

explanation

4

Ugandan

government

explanation

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Review activity

1

Concept of

Democracy

2

Characteristic(s)

of Democracy

3

New Zealand

government

explanation

4

Ugandan

government

explanation

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Review activity

1

Concept of

Democracy

2

Characteristic(s)

of Democracy

3

New Zealand

government

explanation

4

Ugandan

government

explanation

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Glossary

Glossary

accountable

to be responsible for actions or decisions

caucasian

a white person of European origin

constitution

a body of fundamental principles in which a state is governed

corrupt

acting dishonestly for money or personal gain

executive

a branch of government that controls the running of government departments

implement

put a decision, plan, or agreement into effect

interference

the act of preventing (a process or activity) from continuing or being carried out properly

judiciary

a body of judges, who makes decisions in relation to laws created by the legislature

decisions in relation to laws created by the legislature liberal democracy a democratic system of government

liberal democracy

a democratic system of government in which individual rights and freedoms are officially recognised and protected, and the exercise of political power is limited by the rule of law

exercise of political power is limited by the rule of law Sharia law religious law from

Sharia law

religious law from the Islamic tradition

torture

the action of inflicting severe pain on someone as a punishment

action of inflicting severe pain on someone as a punishment US27835v2a Learner's Guide Demonstrate understanding of

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Appendix 1: Universal Declaration of Human Rights

Appendix 1: Universal Declaration of Human Rights

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

• All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

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Article 2.

• Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non- self-governing or under any other limitation of sovereignty.

Article 3.

• Everyone has the right to life, liberty and security of person.

Article 4.

• No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

• No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

• Everyone has the right to recognition everywhere as a person before the law.

Article 7.

• All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

• Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

• No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

• Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

• (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

• (2) No one shall be held guilty of any penal offence on account

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of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

• No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

• (1) Everyone has the right to freedom of movement and residence within the borders of each state.

• (2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

• (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

• (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

• (1) Everyone has the right to a nationality.

• (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

• (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

• (2) Marriage shall be entered into only with the free and full consent of the intending spouses.

• (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

• (1) Everyone has the right to own property alone as well as in association with others.

• (2) No one shall be arbitrarily deprived of his property.

Article 18.

• Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or

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belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

• Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

• (1) Everyone has the right to freedom of peaceful assembly and association.

• (2) No one may be compelled to belong to an association.

Article 21.

• (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

• (2) Everyone has the right of equal access to public service in his country.

• (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

• Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

• (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

• (2) Everyone, without any discrimination, has the right to equal pay for equal work.

• (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

• (4) Everyone has the right to form and to join trade unions for the protection of his interests.

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Article 24.

• Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

• (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

• (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

• (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

• (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

• (3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

• (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

• (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

• Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.

• (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

• (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law

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solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

• (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.

• Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

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