The Treaty of Waitangi has: Group of answer choices 1.Has not been ratified but is followed and enforced by the courts and Parliament as if it was fundamental constitutional law and legally binding. 2.Been ratified and forms part of our statutory law. It is a fundamental part of our constitutional law and is strictly adhered to and followed. 3.Been ratified but is not currently accepted as forming part of our constitutional framework due to the doctrine of Parliamentary sovereignty by which Parliament can pass laws which are contrary to the Treaty. 4.Has not been ratified and has therefore not been passed into statutory law. It is however considered to be an inherent part of our constitutional framework even if it is not legally binding.
Question
The Treaty of Waitangi has: Group of answer choices
1.Has not been ratified but is followed and enforced by the courts and Parliament as if it was fundamental constitutional law and legally binding.
2.Been ratified and forms part of our statutory law. It is a fundamental part of our constitutional law and is strictly adhered to and followed.
3.Been ratified but is not currently accepted as forming part of our constitutional framework due to the doctrine of Parliamentary sovereignty by which Parliament can pass laws which are contrary to the Treaty.
4.Has not been ratified and has therefore not been passed into statutory law. It is however considered to be an inherent part of our constitutional framework even if it is not legally binding.
Solution
The Treaty of Waitangi:
4.Has not been ratified and has therefore not been passed into statutory law. It is however considered to be an inherent part of our constitutional framework even if it is not legally binding.
The Treaty of Waitangi is not a ratified treaty in the international law sense and has not been incorporated into New Zealand domestic law as a whole. However, specific provisions of the Treaty have been incorporated into certain New Zealand statutes. The Treaty is considered a founding document of New Zealand and is an important part of the country's constitutional framework. It guides the relationship between the Crown and Māori, even though it is not legally binding in its entirety.
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