Limits on constitutional authority

This article addresses the issue of substantive limits on the legitimate exercise of public power within New Zealand's constitutional system. It suggests that the recognition of limits on constitutional authority is inherent in any non-trivial claim of respect for constitutional government. However, the doctrine of parliamentary sovereignty, which by definition is virtually absolute and admits no substantive limits on Parliament's legislative capacity, is at odds with the idea of substantive limits on the legitimate exercise of public power. Despite the pervasiveness of parliamentary sovereignty, this article identifies a number of substantive constitutional limits that appear to be recognised and accepted in New Zealand. This finding suggests that further research is needed into how constitutional government may be reconciled with orthodox sovereignty theory in a New Zealand context.