Omar Bennett
The Constitution of the Solomon Islands is the supreme law of the country and came into effect on July 7, 1978, marking its independence from the United Kingdom. The constitution establishes a national legislature, known as the National Parliament of Solomon Islands, and outlines the fundamental rights and freedoms of its citizens. It also includes provisions for public officers and pensions, as well as rules for the High Court and the Legislative Assembly. The constitution has been revised over time, with the most recent revision occurring in 2018.
| Characteristics | Values |
|---|---|
| Approval date | 31 May 1978 |
| Date entered into force | 7 July 1978 |
| Law | The Constitution is the supreme law of the Solomon Islands |
| Equality | The principles of equality, social justice, and the equitable distribution of incomes are upheld |
| Citizenship | Rules for the loss of citizenship for citizens with multiple nationalities |
| Rights | Every person in the Solomon Islands is entitled to fundamental rights and freedoms |
| Legislature | There is a national legislature, the National Parliament of Solomon Islands |
| Parliament | Parliament may make laws for the peace, order, and good government of the Solomon Islands |
| Public emergency provisions | Sections 5, 6(2), 9, 11, 12, 13, 14, or 15 of the Constitution are exempt from contravention in cases of public emergency |
| Detention | Individuals detained during a public emergency must be furnished with a statement in a language they understand, specifying the grounds for their detention |
| High Court | Rules of court govern the practice and procedure of the High Court |
| Disciplinary law | Disciplinary law is defined as a law regulating the discipline of any disciplined force |
| Pensions | Pensions, gratuities, and allowances for public officers are addressed in the Constitution |
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What You'll Learn
The Constitution of the Solomon Islands is the supreme law
The Constitution guarantees fundamental rights and freedoms for all individuals in the Solomon Islands, regardless of race, place of origin, political opinions, colour, creed, or sex. It also upholds the principles of equality, social justice, and the equitable distribution of incomes.
In terms of citizenship, the Constitution outlines that a citizen of the Solomon Islands who is also a national of another country will cease to be a citizen of the Solomon Islands after a specified period unless they renounce the nationality of the other country. The Constitution also addresses the rights of citizens regarding communication, association, movement, and residence.
The Constitution outlines the role of the Governor-General, who may exercise powers to enable the Constitution to function effectively. It also establishes the High Court and outlines rules regarding its practice and procedure.
The Constitution of the Solomon Islands takes precedence over other laws, rendering inconsistent laws void. It is worth noting that the Constitution has been revised since its inception, with a revision occurring in 2018.
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Equality, social justice and income distribution
The Constitution of the Solomon Islands was approved on 31 May 1978 and entered into force on 7 July 1978, marking the country's independence from the United Kingdom. This document outlines the country's commitment to upholding the principles of equality, social justice, and equitable income distribution.
Equality
The Constitution guarantees equality for all citizens, regardless of race, gender, origin, skin colour, creed or belief, and political affiliation. This means that all citizens are entitled to equal treatment and opportunities, regardless of their background or identity.
Social Justice
The Constitution pledges to respect and enhance human dignity and strengthen communal solidarity. It also ensures the right to culture, cherishing and promoting the diverse cultural traditions within the Solomon Islands. Additionally, it guarantees the participation of citizens in governance, decentralising power and ensuring their voices are heard.
Income Distribution
The Constitution commits to the equitable distribution of incomes, ensuring fairness and justice in the economic realm. This means striving for a society where wealth is distributed justly, and all citizens have the opportunity to prosper and thrive.
The Constitution of the Solomon Islands, with its emphasis on equality, social justice, and income distribution, provides a framework for a fair and just society. It empowers citizens by guaranteeing their fundamental rights and freedoms, ensuring that all individuals are treated with dignity and respect, regardless of their background or identity. By promoting cultural participation and decentralising power, the Constitution fosters a sense of communal solidarity and ensures that the diverse voices of the people are heard in governance. Lastly, the commitment to equitable income distribution underscores the country's dedication to economic fairness and the well-being of its citizens.
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Citizen requirements
The Constitution of the Solomon Islands was approved on 31 May 1978 and came into force on 7 July 1978, marking the country's independence from the United Kingdom. The document outlines the requirements for citizenship in the Solomon Islands, which are detailed and varied.
Firstly, every person born on or after Independence Day, within or outside the Solomon Islands, becomes a citizen if either of their parents is a citizen of the country. This is a common feature of citizenship laws worldwide, granting citizenship by descent.
Secondly, there are provisions for naturalisation, which apply to those who made an application for citizenship before Independence Day and possessed certain qualifications. These qualifications include being a woman married to an indigenous Solomon Islander, a citizen of the United Kingdom and Colonies, or a British protected person, either by birth or under the British Nationality Acts 1948-1965.
Thirdly, the constitution addresses dual citizenship. A citizen of the Solomon Islands who acquires the citizenship of another country at or above the age of eighteen will lose their Solomon Islands citizenship after two years, unless they renounce the newly acquired citizenship within this period. This timeframe is extended to six months for those under eighteen.
The constitution also grants certain rights and freedoms to citizens, such as the right to apply to the High Court for redress if any provisions of the constitution have been, are being, or are likely to be contravened in relation to that citizen. Additionally, the constitution outlines the requirements for becoming a member of the National Parliament of the Solomon Islands, which include being a citizen of the country, being at least twenty-one years old, and being registered as an elector.
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The National Parliament
The Constitution of the Solomon Islands, which came into force on 7 July 1978, establishes the National Parliament of Solomon Islands as the country's legislature. The National Parliament consists of a single chamber, with members elected from constituencies prescribed under Section 54(1) of the Constitution.
The Constitution sets out the qualifications for election to the National Parliament. To be eligible for election, a person must be a citizen of the Solomon Islands, be at least 21 years old, and be registered as an elector. The Constitution also grants Parliament the power to make laws for the "peace, order and good government" of the Solomon Islands. These laws take the form of Bills passed by Parliament and assented to by the Governor-General on behalf of the Head of State. Before coming into operation, laws must be published in the Gazette, and Parliament has the power to postpone their implementation and enact laws with retrospective effect.
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Rights and freedoms
The Constitution of the Solomon Islands, which came into force on 7 July 1978, outlines the rights and freedoms of its citizens. It establishes that every person in the Solomon Islands is entitled to fundamental rights and freedoms, regardless of race, place of origin, political opinions, colour, creed, or sex. This is, however, subject to respect for the rights and freedoms of others and the public interest.
The Constitution guarantees equality before the law and equal protection of the law to every person, including non-citizens. It also ensures freedom of movement, freedom of assembly, freedom of association, and freedom of religion. The right to life, protection from inhumane treatment, protection from slavery, and protection from forced labour are also enshrined in the Constitution.
The Constitution addresses the rights of those who are detained or arrested. For instance, it states that a person who is detained during a period of public emergency must be furnished with a statement in writing, in a language they understand, specifying the grounds for their detention. Additionally, the Constitution outlines the rights of public officers, including the terms and conditions of their service. It also mentions the rights of members of disciplined forces, both local and international, present in the Solomon Islands.
The Solomon Islands Constitution also addresses citizenship rights. It states that a Solomon Islands citizen who is also a national of another country will cease to be a citizen of the Solomon Islands two years after acquiring its citizenship or turning eighteen, unless they renounce the nationality of the other country. This is unless the law of the other country does not permit renunciation, in which case they must make a declaration as prescribed.
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Frequently asked questions
The Constitution of the Solomon Islands was approved on 31 May 1978 and came into force on 7 July 1978, the same date the country gained independence from the United Kingdom.
The Constitution of the Solomon Islands is the supreme law of the land. If any other law is inconsistent with the Constitution, that law is void.
The Constitution guarantees the fundamental rights and freedoms of individuals in the Solomon Islands, regardless of race, place of origin, political opinions, colour, creed, or sex. It also establishes the principle of equality, social justice, and the equitable distribution of incomes.
