Guide to Citizens’ Rights and Responsibilities


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SOUTH
AMERICA
NEW ZEALAND
ANTARCTIC TERRITORY
Islands administered by
New Zealand
P O L Y N E S I A
AMERICAN
SAMOA
SAMOA
Niue
Aitutaki
Atoll
Mangaia
Palmerston
Atoll
Penryhn
Atoll
Atafu
Nukunono
Fakaofu
Nassau
Rakahanga Atoll
Danger I.
Pukapuka Atoll
Raratonga
Hervey Is.
COOK
IS.
TOKELAU IS.
International
Date Line
NEW ZEALAND
200 Miles
0
0
200 Kilometers
100
100
(MAP BY MARYLAND CARTOGRAPHICS/ THE GALE GROUP)

to hold governmental decision-making power over a particular policy area. Only
elected members of parliament are eligible for appointment as prime minister
or minister of the crown.
This entire system of government is underpinned by a binding convention
that the queen (and her representative, the governor-general) must always follow
the advice of the prime minister when wielding the powers assigned to her under
New Zealand’s constitutional framework. Although it is conceivable that the
queen might one day refuse to do so, such an event would trigger a major consti-
tutional crisis and would likely end with New Zealand declaring itself a republic.
Locating real governmental power in the office of the prime minister, along
with the ministers who form his or her cabinet, follows basic democratic princi-
ples. The citizens directly elect members of parliament at each election, and the
individuals supported by a majority of these members are then entitled to wield
governmental power. This ensures that those wielding governmental power can
be held accountable for their actions—both as individual members of parlia-
ment to the public at the next election and as government ministers to the
parliament on whose ongoing majority support the government depends.
New Zealand’s legislature, or parliament, consists of 120 elected members
who sit in a single House of Representatives. This body has a dual role under
New Zealand’s constitution. It is the supreme lawmaking institution for society,
with competency to pass legislation regarding any topic. In addition, parliament
makes (and unmakes) governments. To govern, the prime minister and his or
her ministers must be able to demonstrate that they have the support of a
majority of parliament (at least, they must show this majority support exists in
relation to certain important “issues of confidence or supply” that arise at vari-
ous times throughout the year). If a government were to lose a vote on an issue
of confidence and supply, then by convention the prime minister and cabinet
must resign from office. And if no one else can secure the support of a majori-
ty of parliament to form a new government, then the governor-general dissolves
parliament and calls a new election.
In 1996, New Zealand adopted a mixed-member proportional voting system
for parliamentary elections. Voters get two votes under this system: one for the
candidate they wish to see elected to represent their local electoral district
(a “constituency vote”), and one for their preferred political party (a “party vote”).
The candidate who receives the most constituency votes in each electoral district
is thereby elected to parliament.
The central characteristic of the mixed-member proportional system is that
once all of the sixty-nine constituency members have been identified, fifty-one
additional parliamentary seats are distributed to all political parties that
received more than 5 percent of the party vote so that the total number of seats
in parliament held by each party is proportionate to its total, nationwide share
of the party vote. Thus, a political party that receives 10 percent of the party
vote across the country is entitled to 10 percent of the total number of mem-
bers of parliament, irrespective of whether that party won any seats through
the constituency vote. These additional party list seats are then filled from a
ranked list of candidates drawn up by each party before the election is held.
The consequence of moving to this mixed-member proportional voting
system has been to increase the number of political parties represented in par-
liament and to effectively stop any one party from winning a majority of the
seats in parliament. Therefore, following each election, two or more parties
have had to enter into a 
coalition
arrangement to form a government with
majority support in parliament. The advent of a mixed-member proportional
188
G O V E R N M E N T S   O F   T H E   W O R L D
N e w   Z e a l a n d
coalition: an alliance, partnership, or union
of disparate peoples or individuals
■ ■ ■  

system (along with coalition government) has been a mixed experience for New
Zealand. Although it undoubtedly has led to a more representative parliament
and required governments to consult more widely before trying to enact new
laws, it has also created a greater level of instability in government.
Bureaucrats in New Zealand are called “public servants.” As this title indicates,
their role is to act in a 
neutral
,
nonpartisan
manner to carry out the instructions
of the government of the day. Any perceived political bias or partiality by public
servants is treated as a matter of serious concern by both the public and the pub-
lic service itself.
The judiciary has no constitutional power to override legislation passed
by parliament and is meant simply to interpret and apply the law as passed by
parliament. Judges are appointed by the government of the day, after consul-
tation with the legal fraternity, but by convention such appointments are
expected to be nonpartisan.
C I T I Z E N   PA R T I C I PAT I O N ,   R E S P O N S I B I L I T I E S ,
F R E E D O M S , R I G H T S ,   A N D   L I B E R T I E S
As mentioned, New Zealand has no written constitution, and so the coun-
try has no equivalent to the U.S. Bill of Rights, nor does it have any judicial
rights-based review of legislation. Nevertheless, New Zealand’s citizens contin-
ue to enjoy all the rights and liberties one expects in a truly democratic nation,
G O V E R N M E N T S   O F   T H E   W O R L D
189
N e w   Z e a l a n d
THE PARLIAMENT HOUSE (IN FOREFRONT) AND “THE BEEHIVE” IN WELLINGTON.
Several buildings in Wellington comprise the New Zealand
Parliament Buildings including “The Beehive,” with offices for the prime minister and cabinet ministers. Sitting where a planned
south wing of the neo-classical Parliament House (active since 1918) was to be built, “The Beehive” was sketched in 1964 by
British architect Sir Basil Spence and it was finished in 1981. 
(SOURCE: © RICHARD KLUNE/CORBIS)
neutrality: the quality of not taking sides, as
in a conflict
nonpartisan: not relating to a political party
or any division associated with the party
system
■ ■ ■  

and the country has a strong individual rights culture which is (on the whole)
respected by the government.
Political Parties and Interest Groups.
Any person may form (or join) any polit-
ical party. There are no restrictions on the kinds of political parties that may be
formed or the aims that they may pursue. Similarly, there are no restrictions on the
kinds of interest (or pressure) groups that may operate in New Zealand. The major
limit on how political parties and interest groups may operate is that overtly parti-
san political advertising is banned from the country’s televisions, a move designed
to ensure some equality of voice amongst all the different political actors.
Elections, Voting, and Citizen Participation.
All New Zealand citizens over the
age of eighteen may vote, as well as stand for parliament. It is a legal requirement
that all eligible voters register to vote, although voting itself is not 
compulsory
.
Participation rates in New Zealand elections are relatively high; 73 percent of the
population took part in the 2002 general election.
Personal Security.
New Zealand’s police force and armed services are nonpar-
tisan, professional organizations with operational independence from the gov-
ernment of the day. They are subject to the 
rule of law
, which the courts enforce
by requiring that all arrested persons either be charged with a crime and present-
ed before a judge or released from custody. Procedural safeguards—such as the
right to open justice, the right to an attorney, and the right to a fair trial—are
incorporated into the courts’ practices. In addition, an independent Police
Complaints Authority is empowered to investigate any accusation of wrongdoing
on the part of the police force. New Zealand does not apply the death penalty to
any offense.
See also: 
Australia; Constitutional Monarchy; Elections; Indigenous Peoples’
Rights; Ombudsmen; Suffrage.
B I B L I O G R A P H Y
Geddis, Andrew. “The General Election in New Zealand, July 2002.” Electoral Studies 23
(2004):149–155.
King, Michael. The Penguin History of New Zealand, rev. ed. Auckland, New Zealand:
Penguin Books, 2004.
Miller, Raymond, ed. New Zealand Government and Politics, 3rd ed. Auckland,
New Zealand: Oxford University Press, 2003.
Mulgan, Richard. Politics in New Zealand, 3rd ed. Auckland, New Zealand: Auckland
University Press, 2004.
New Zealand Electoral Commission. New Zealand’s Electoral System.
Ͻhttp://www.
elections.org.nz/esyst/index.html
Ͼ.
New Zealand Parliament. 
Ͻhttp://www.parliament.govt.nzϾ.
Orange, Claudia. The Treaty of Waitangi, 2nd ed. Wellington, New Zealand: Bridget
Williams Books, 1996.
Palmer, Geoffrey, and Matthew Palmer. Bridled Power: New Zealand’s Constitution and
Government, 4th ed. Auckland, New Zealand: Oxford University Press, 2004.
Report of the Royal Commission on the Electoral System. Towards A Better Democracy.
Wellington, New Zealand: Government Printing Service, 1986.
The Treaty of Waitangi Information Service. 
Ͻhttp://www.treatyofwaitangi.govt.nzϾ.
Andrew Geddis
190
G O V E R N M E N T S   O F   T H E   W O R L D
N e w   Z e a l a n d
compulsory: mandatory, required, or unable
to be avoided
■ ■ ■  
rule of law: the principle that the law is a
final grounds of decision-making and applies
equally to all people; law and order

Nicaragua
Nicaragua is located in the geographic heart of Central America and is the
region’s largest country at 128,410 square kilometers (49,579 square miles),
which makes it slightly larger than Iowa. With 5.3 million inhabitants (2002) and
abundant arable land, Nicaragua theoretically faces less population pressure
than its neighbors. The country displays a striking topography that includes a
vast tropical lowland to the east, a central mountain range that runs across the
country northwest to southeast, stunning volcanoes, and two of the region’s
largest natural lakes. The presence of significant volcanic activity has endowed
Nicaragua with rich agricultural lands and the potential for abundant geothermal
energy. Nicaragua’s climate is influenced by altitude, with high temperatures in
the lowlands and coastal areas and moderate temperatures at higher elevations.
The extraordinary Lake Nicaragua, which empties into the Río San Juan on the
southern border with Costa Rica, provides Nicaragua with the potential to con-
struct a trans-isthmus waterway between the Atlantic and Pacific Oceans.
Approximately 70 percent of Nicaraguans are mestizo (of mixed European
and Indian ancestry), less than 20 percent are white, and the rest are black or
indigenous. These last ethnic groups have long been relatively isolated from
the rest of Nicaragua by geography. The people of the Atlantic coast are likely
to speak an Indian language (primarily Miskito or 
Sumo
) or English, as with the
descendants of black slaves who were introduced to the country by Britain in
the eighteenth century. Cultural traditions and Protestant religion further dif-
ferentiate the Atlantic coast population (called costeños) from the Spanish
speaking Pacific region, which is largely Roman Catholic. Literacy rose sharply
in Nicaragua during the 1980s but had settled at about 75 percent by the early
twenty-first century. Traditionally, Nicaragua has been an exporter of agricul-
tural commodities, especially coffee, beef, sugar, and seafood. According to
2002 World Bank figures, agriculture accounts for 18 percent of the country’s
gross domestic product (GDP), followed by industry (25%) and services
(57%). Due to high levels of unemployment and underemployment, 46 per-
cent of Nicaraguans live below the national poverty line. Nicaragua is the sec-
ond poorest country in the Western Hemisphere.
Nicaragua achieved independence in 1838 following the disintegration of the
Central American Federation. The early years of nationhood were marred by
intense regional conflict and threats of foreign intervention, which set a pattern in
Nicaraguan politics that endured well into the twentieth century. An 
aristocratic
conservative 
faction
based in Granada favored the vested interests of a rural 
agrar-
ian
elite, while a liberal faction based in León favored 
free trade
and commercial
development These factions often tread close to civil war until the liberals invited
an American adventurer, William Walker (1824–1860), to lead a military campaign
against the conservatives that led to Walker’s declaring himself president in July
1856. After he legalized slavery and made English the official language, Walker’s dic-
tatorship generated a campaign to drive him out of the country. September 14th is
still celebrated as “independence day” because Nicaraguan troops defeated Walker
and his U.S. forces on that date in 1857. The William Walker episode discredited lib-
erals and led to thirty-six years of conservative rule.
Throughout the twentieth century Nicaraguan politics was often dominated
by the country’s shifting relationship with the United States. In the early decades,
the United States was eager to protect its investment in the Panama Canal by pre-
venting construction of a rival interoceanic transit system in Nicaragua. This con-
cern led to U.S. intervention in Nicaragua and lengthy occupations lasting until
the early 1930s. During much of this period, U.S.-backed conservative presidents,
G O V E R N M E N T S   O F   T H E   W O R L D
191
N i c a r a g u a
aristocracy: a ruling financial, social, or polit-
ical elite
factionalism: a separation of people into
competing, adversarial, and self-serving
groups, usually in government
agrarian: having to do with farming or farm-
ing communities and their interests; one
involved in such a movement
free trade: exchange of goods without tariffs
charged on importing or exporting
■ ■ ■  

such as Emiliano Chamorro Vargas (1871–1966), governed Nicaragua. The Bryan-
Chamorro Treaty, ratified in 1916, gave the United States what it wanted, which
was the ability to prevent construction of an interoceanic canal in Nicaragua.
The figure that would exert the most lasting influence was a liberal general
named Augusto César Sandino (1893–1934), who led a 
guerrilla
campaign that
harassed U.S. troops and raised the cry of Nicaraguan 
nationalism
in the late
1920s. The betrayal and assassination of Sandino by Anastasio Somoza Garcia
(1896–1956) in 1934 enabled the latter man to use the U.S.–created Nicaraguan
National Guard as a vehicle to achieve power. Somoza Garcia became president
in 1936 and created a dictatorship that remained under the control of
the Somoza family until the overthrow of Luis Anastasio Somoza Debayle
(1922–1967), Somoza Garcia’s son, in 1979 by guerrillas who were inspired by
the legacy of Sandino. The Sandinista revolution set Nicaragua on the course
that led to the development of its present governmental system.
T H E   G O V E R N M E N TA L   S Y S T E M
Formally, Nicaragua was a constitutional republic throughout the twentieth
century. In fact, many administrations came to power extra-constitutionally.
During the era of the Somoza dynasty, the constitution was amended at the con-
venience of the Somozas by a pliant congress to enable the family to maintain
its dominance in the political system. Even during the brief 
liberalization
under
Luís Somoza, elections merely produced “puppet administrations,” which had
no independence from Somoza control. Using the National Guard as an instru-
ment of political intimidation, together with generous patronage for those
groups willing to collaborate with the regime, the Somozas gave Nicaragua an
authoritarian
government that defied the 
rule of law
, suppressed the political
opposition, and routinely violated human rights. In short, Somoza rule made a
mockery of constitutional government.
The Somoza regime came to an end on July 19, 1979, as a result of a pop-
ular insurrection that was led by the Sandinista National Liberation Front
(FSLN). The Sandinistas initially governed the country through a five-member
junta
and a corporatist style council of state. However, after their electoral vic-
tory in 1984 the Sandinistas initiated the writing of a new constitution that was
adopted in 1987. That constitution established four interdependent branches
of government: an executive headed by a president, a legislature based on
election through 
proportional representation
, a judiciary headed by the
Supreme Court of Justice, and an electoral branch headed by the Supreme
Electoral Council. Following the electoral defeat of the Sandinistas in 1990, the
two succeeding administrations amended the constitution (in 1995 and 2000)
aiming primarily to reduce executive power vis à vis the other branches. Thus,
as the new century dawned Nicaragua was being governed under a reformed
Sandinista constitution.
As of 2004 Nicaragua was a constitutional republic with a modified presiden-
tial system in which the legislature enjoyed significant authority in budgetary mat-
ters and could override a presidential veto with a simple majority vote. FSLN
leader Daniel Ortega (b. 1945) was Nicaragua’s first elected president in the post-
Somoza era (1985–1990). Violeta Chamorro (b. 1929), widow of Nicaragua’s mar-
tyred journalist Pedro Joaquín Chamorro (b. 1924 and assassinated in February
1978), was the victorious presidential candidate of the National Opposition Union
(UNO) and held office from 1990 to 1997. Her successor was Arnoldo Alemán
(b. 1946) of the Liberal Constitutionalist Party (PLC), who was succeeded by the
PLC’s Enrique Bolaños in 2001.
192
G O V E R N M E N T S   O F   T H E   W O R L D
N i c a r a g u a
junta: a group of individuals holding power,
especially after seizing control as a result of a
coup
proportional system: a political system in
which legislative seats or offices are awarded
based on the proportional number of votes
received by a party in an election
guerrilla: a soldier engaged in nontraditional
methods of warfare, often separate from any
structured military group
nationalism: the belief that one’s nation or
culture is superior to all others
■ ■ ■  
liberalization: the process of lowering trade
barriers and tariffs and reducing government
economic regulations
authoritarianism: the domination of the
state or its leader over individuals
rule of law: the principle that the law is a
final grounds of decision-making and applies
equally to all people; law and order 

Nicaragua’s 1995 constitutional reforms were designed not only to curb
presidential power, but also to increase the independence of the judiciary, and
the autonomy of key executive branch agencies such as the controller general.
The president and vice president are elected concurrently for five-year terms
with legislative elections. The president is not permitted to run for re-election.
The National Assembly is a 
unicameral
legislature consisting of ninety deputies
elected from party lists drawn at the provincial and national levels. The legisla-
ture elects Supreme Court justices to seven-year terms and also elects the mem-
bers of the Supreme Electoral Council, which organizes and conducts elections
and referendums, to five-year terms. Nicaragua’s constitution guarantees the
right of free speech and a free press, and in practice diverse viewpoints are
freely discussed in the media. It also guarantees workers the right to join unions
and engage in collective bargaining. However, Freedom House has ranked
Nicaragua as only “partly free” because, despite Nicaraguan workers’ sometimes
vigorous attempts to exercise these rights, the government has declared strikes
illegal and the courts have failed to uphold worker rights. 
P O L I T I C A L   H I S T O R Y
The dynastic dictatorship of the Somozas rested on three pillars of support,
including the co-optation of Nicaragua’s political elite, the image of strong U.S.
support, and most importantly, the political use of the National Guard to intim-
idate opponents. The first two of these pillars were seriously eroded by the
extravagant misrule of Somoza Debayle in the 1970s. When the political elite
largely abandoned Somoza and the United States withdrew its support, reliance
G O V E R N M E N T S   O F   T H E   W O R L D
193
N i c a r a g u a
unicameral: comprised of one chamber,
usually a legislative body
■ ■ ■  
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