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The Constitution declares the "underlying law" — that is, the separate common law of Papua New Guinea — to consist of the Constitution, "customary law" derived from the "custom" of the various peoples of Papua New Guinea, and the common law of England as it stood at the date of Papua New Guinea's independence on 16 September 1975.
A separate Constitutional Commission was established by the Constitutional Commission Act of 1993. The 2004 Act united these two bodies. In 2009 the Commission established a working committee to review the law on sorcery and related killings. [3] Eric Kwa became the Commission's chairman in 2011, [4] and held the post until 2018. [5]
In the latter case the Court is, strictly speaking, not exercising a judicial function but rather, pursuant to the ruling of the Judicial Committee of the Privy Council in Attorney-General of Ontario v Attorney-General of Canada (Reference Appeal) [1912] AC 571, one of advising the executive branch of government, a jurisdiction expressly conferred on the Supreme Court by Papua New Guinea's ...
In 1997, the government approved in principle the establishment of a human rights commission for PNG with the minimum standards set by the Paris Principles. [6] This commitment was reaffirmed in 2007 with the presentation of the 2007 Final Option Paper on the establishment of the PNG human rights commission; [6] and in 2008 a draft organic law on the establishment of a human rights commission ...
The Pacific Islands Legal Information Institute [1] (PacLII) collects and publishes legal materials from 20 Pacific Islands Countries on its website www.paclii.org.These countries are American Samoa, Cook Islands, Federated States of Micronesia, Fiji Islands, Kiribati, Marshall Islands, Nauru, Niue, Papua New Guinea, Pitcairn Island, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, and Vanuatu ...
The Minister of Justice (who serves simultaneously as the Attorney General if s/he is a qualified lawyer) gives opinions on any questions relating to the interpretation or application of the laws of Papua New Guinea including the Constitution, Organic Laws, Acts of Parliament and all other subordinate legislation.
[37] [38] The constitution, in turn, is underpinned by various organic acts, conventions, and the underlying common and customary law. [39] This body of law altogether gives Papua New Guinea a parliamentary system of government under a constitutional monarchy, wherein the role of the monarch and governor-general is both legal and practical, but ...
New Guinea became a Trust Territory administered by Australia in 1946, and its inhabitants remained outside of British nationality law. [40] That year, Canada passed a nationality law that would serve as a catalyst for change throughout Britain. The law redefined the order of nationality, stipulating that Canadians were nationals of Canada ...