New Zealand's democratic deficit:What role for direct democracy?
by Steve Baron
B.A. (Political Science & Economics)www.betterdemocracy.co.nz
1
Abstract
Even though New Zealand may be considered a democratic nation compared tointernational standards, this article argues that a significant
democratic deficit
e
xists in the NewZealand political system. It will define democratic deficit while examining the political power of the New Zealand Prime Minister and Cabinet. Five critical systemic concerns will be highlightedthat create such a democratic deficit. Direct democracy will also be discussed (with particular reference to its use in Switzerland and the USA) as a much needed tool to give NewZealanders more 'checks and balances' on political decision-making and how direct democracycan balance the democratic deficit. We will examine the direct democracy tools of
citizens' initiatives
,
referendums
and
recalls,
along with highlighting the need for improvements to the
Citizens' Initiated Referenda Act 1993
. Finally the issues which direct democracy cansuccessfully address will be outlined, together with some responses to the major objectionsoften voiced when direct democracy is debated as a political option.
Keywords:
democracy, democratic deficit, direct democracy, referendum, New Zealandgovernment.
2
New Zealand can be referred to as a
liberal representative democracy.
This means it has anaccepted political framework with regular elections as well as protection of individual rights, andfreedom of expression and association.
As a representative democracy the government’s aimis also to secure individual liberty but at the same time protect minorities from the risk of tyrannyfrom the majority. New Zealand has established its own brand of political system, even though itis largely based on the British Westminster system. New Zealand certainly has free and fair elections every three years and individual rights are well protected under the
New Zealand Bill of Rights Act 1990
, although this Act is not entrenched. The whole political process is allrelatively transparent with little corruption according to the Corruption Perceptions Index.
Citizens have easy access to their local MPs, and they can present petitions to parliament andmake submissions to government select committees and other authorities. There is strongcompetition at elections between numerous political parties, although this is dominated by theNational and Labour parties—all signs of a strong, inclusive society.New Zealand democracy also operates under what is termed
parliamentary sovereignty
.British constitutional theorist, Prof. Alfred Dicey, has stated that parliamentary sovereignty is,'the right to make or unmake any law whatever; and, further, that no person or body isrecognised by the law of England as having a right to override or set aside the legislation of Parliament'.
From a New Zealand perspective, New Zealand's leading exponent of constitutional and administrative law, Prof. Philip Joseph states that 'Parliament's word can beneither judicially invalidated nor controlled by earlier enactment'.
However, the concept of
1
Rod Hague and Martin Harrop, Comparative Government and Politics (New York, USA: PalgraveMacmillan, 2007), p. 8.
2
Transparency International: Corruption Perceptions Index, 2010,www.transparency.org/policy_research/surveys_indices/cpi/2010/results
3
Albert Dicey, Introduction to the Study of the Law of the Constitution (London: Liberty Classics,1915/1982), p. 3.
4
Philip Joseph, Constitutional and Administrative Law in New Zealand (Wellington, New Zealand:Brookers, 2002), p. 461.
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New Zealands' Democratic Deficit
Another recent study I have completed which highlights a democratic deficit in New Zealand.
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