Parliamentary Supremacy
by Mohsen al Attar
Law in New Zealand is largely sourced from common law and statute law. Historically, the common law system was based on judge made law. Decisions drew on precedents established by superior courts in previous cases and were organised around the principles of individual liberty and individual possession of private property. Parliament became the supreme law making body and source of law after the 1688 Bill of Rights. Parliamentary supremacy means statutes are superior law and prevail over case law. This class provides an introduction to the common law system and statute law, discusses the separation of powers between the Parliament, executive and courts under the Constitution Act 1986, notions of due process and the influence of the British constitutional experience.