​Comparing the Constitutions of New Zealand and the United States

I have recently been studying the constitutions of the United States and New Zealand. I use  the term “constitution” here to mean the foundational principles upon which their governments are built. 

Each country has quite different constitutions. The United States has its constitution built on the law entitled—quite aptly—the “Constitution of the United States”, arguably alongside the “Declaration of Independence”. In contrast, New Zealand’s constitution is comprised of various statutes, constitutional conventions and other important constitutional sources—salient among which are the Constitution Act 1986, the New Zealand Bill of Rights Act 1990 and the Treaty of Waitangi.

I want to highlight several themes which strike me, starting with the United States’ constitution.

        ​  US focus on welfare and happiness

Central to the US constitution are concerns for welfare and happiness. This can be seen in several places, as italicized below:

• The Constitution states that “We the People of the United States… do ordain and establish this Constitution for the United States of America” in order to “promote the general Welfare” (among other ends such as “Tranquility”, “Justice” and “common defense”).
• Again, the Constitution states that Congress has the power to collect taxes in order to “to pay the Debts and provide for the common Defence and general Welfare of the United States”.
• Likewise, the Declaration of Independence states that “Governments are instituted among Men” to secure “certain unalienable Rights” including “Life, Liberty and the pursuit of Happiness”.
• It further declares that “whenever any Form of Government becomes destructive of these ends”, then the people have the right to “alter or abolish” that government in favor of a new government predicated on the principles and powers that “to them shall seem most likely to effect their Safety and Happiness”.

Interestingly, then, references to welfare and happiness are central to the founding principles of the United States--but not so much New Zealand.


        ​  Common focus on human rights

Nevertheless, both countries have an emphasis on rights. For example, the Bill of Rights Act 1990 enshrines numerous rights, such as freedom of speech and thought and freedom from torture or unjust deprivation of life. Other components of New Zealand’s constitution—such as the Constitution Act 1986—focus less on the ethical dimension of government and instead specify the structure of its administrative machinery.


        ​  Common focus on public service

Perhaps needless to say, both constitutions explicitly state that the purposes of government are not self-serving. Instead, the government exists to serve the people, such as by securing human rights or happiness. The government does not exist to serve the interests of the governors at the expense of the governed, so to speak.


        ​  NZ focus on indigenous partnership

One way in which New Zealand differs, however, is that the Treaty of Waitangi—or its principles—is often regarded as a foundational component of New Zealand’s government and constitution. At least in principle, the Treaty reflects an explicit partnership between, and regard for, the indigenous people of New Zealand—the Maori people. Interestingly, according to the Treaty of Waitangi Act 1975, “Maori” is statutorily defined as “a person of the Maori race of New Zealand”, including “any descendant of such a person”. The implication is that if one has any Maori blood—no matter how little—they are legally defined as Maori under that act. 


        ​  US focus on grievances

Unlike New Zealand, however, the constitution of the United States has an explicit emphasis on grievances—27 in fact—which, in the eyes of the Founding Fathers, justified the creation of the United States. Understandably, these grievances involved violations of the very purpose government that is endorsed by the US constitution, such as refusal to assent to laws which the colonies deemed necessary “for the public good”, or the unpunished murder of two Maryland residents by British marines. That said, a lack of representation in the UK’s parliament is only one of these grievances; for that reason, it is not entirely accurate to say American independence was motivated solely by the issue of “taxation without representation”—although that issue was undoubtedly an important one.


        ​  US focus on God

Lastly, unlike New Zealand, the US constitution has an explicit emphasis on God. As one example, the Declaration concludes with a statement of reliance of God, especially since signing it was considered an act of treason that was punishable by death:
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“And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”