Eleanor Finch
The Constitution of Samoa, which came into force on 1 January 1962, establishes Samoa as an independent state founded on Christian principles and Samoan custom and tradition. The constitution is divided into a preamble, twelve parts, and three schedules. It establishes a parliamentary system with a prime minister, cabinet, and legislature, and guarantees equality for all citizens regardless of origin, religion, social status, gender, parentage, creed or belief, language, and political party. The constitution also provides for emergency powers and the amendment process, with a two-thirds majority in parliament required to amend it.
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What You'll Learn
- Samoa's constitution was drafted in 1959 and came into force in 1962
- It establishes a parliamentary system with a prime minister and cabinet
- The constitution outlines the judiciary, including the Supreme Court and Court of Appeal
- It guarantees equality for all regardless of origin, religion, social status, gender, etc
- The constitution provides for emergency powers, including during the COVID-19 pandemic
Samoa's constitution was drafted in 1959 and came into force in 1962
Samoa's constitution was drafted in 1959 and came into force on 1 January 1962, when Samoa gained independence. The constitution was drafted by two constitutional conventions, in 1954 and 1960, with the final draft approved by referendum in 1961.
The constitution of Samoa outlines the country's governmental system, a constitutional parliamentary democracy that incorporates traditional practices. The constitution establishes the executive, which includes the prime minister, the Cabinet, and the attorney-general of Samoa as a constitutional officer. The judiciary is also established by the constitution, including the Supreme Court of Samoa, the Court of Appeal, and the office of the chief justice.
The constitution can be amended by a two-thirds majority in parliament, and it has been amended frequently. Amendments have been made to address issues such as the term of parliament, corruption, and the removal of officials. The constitution also provides for emergency powers, allowing for proclamations and emergency orders during times of crisis, such as the COVID-19 pandemic.
Samoa's constitution also includes provisions for the freedoms of assembly and association, and the government generally respects these rights. The constitution prohibits the abuse of women and includes an exception for service required by local custom, where non-matai men perform work in their village under the direction of the matai, or family chiefs.
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It establishes a parliamentary system with a prime minister and cabinet
The Constitution of Samoa, officially the Constitution of the Independent State of Samoa, is the supreme law of the country. It was adopted on 1 August 1962, prior to the country's independence from New Zealand on 1 January 1962. One of the key features established by this constitution is the country's parliamentary system of government, which includes the roles of the prime minister and the cabinet.
This system is headed by the prime minister, who is the country's head of government and plays a crucial role in Samoa's political system. The prime minister is appointed by the head of state, who is the ceremonial leader and acts on the advice of parliament and the prime minister. The prime minister is typically the leader of the political party or coalition that holds the majority of seats in the legislative assembly.
The cabinet, also known as the Council of Deputies, is another important component of Samoa's parliamentary system. It is composed of the prime minister and other ministers, who are appointed by the head of state on the advice of the prime minister. The cabinet is responsible for advising the prime minister and making decisions on important policy matters. Each minister within the cabinet is assigned a specific portfolio, such as finance, health, education, or foreign affairs, and is responsible for formulating and implementing policies within their assigned area.
The constitution outlines the powers and responsibilities of both the prime minister and the cabinet. It also establishes the procedures for their appointment, as well as the mechanisms for holding them accountable to the legislative assembly and, ultimately, the Samoan people. This includes provisions for no-confidence motions, which can be brought forward by members of parliament to express their lack of confidence in the prime minister or the cabinet. If a no-confidence motion is passed, the prime minister may be removed from office, and the cabinet would typically dissolve, triggering either a formation of a new government or early general elections.
The parliamentary system established by Samoa's constitution promotes democratic principles and provides a framework for the country's governance. It ensures a separation of powers, with the legislative assembly holding legislative power, the executive branch headed by the prime minister and cabinet exercising executive power, and the judiciary maintaining its independence in interpreting and applying the law. This system also allows for checks and balances, where different branches of government can hold each other accountable and prevent the concentration of power in one individual or entity.
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The constitution outlines the judiciary, including the Supreme Court and Court of Appeal
The Constitution of Samoa outlines the judiciary, which includes the Supreme Court of Samoa and the Court of Appeal of Samoa. The judiciary is established in Part VI of the constitution, which also establishes the office of the chief justice of Samoa. The constitution provides for the establishment of subordinate courts through legislation.
The Samoan constitution has been amended frequently, especially during the period of Human Rights Protection Party dominance from 1997 to 2021, often to the advantage of the ruling party. Amendments require a two-thirds majority in parliament. Major amendments include extending the term of parliament from three years to five years in 1991 and, in 1997, changing the term of appointment for the Controller and Chief Auditor from life tenure to three years, and allowing for their removal by a simple majority vote in parliament. These changes were largely reversed in 2014, with the office made independent of parliament, its term extended to twelve years, and the threshold for removal raised.
The constitution also establishes the attorney-general of Samoa as a constitutional officer. It provides for the freedoms of assembly and association, and the constitution is respected by the government. The constitution prohibits the abuse of women and includes an exception for service required by local custom, where non-matai men may be compelled to work in their village in service to their families, church, or village.
The judiciary is overseen by a Judicial Services Commission, which advises on appointments. The constitution also establishes the ombudsman (Komesina o Sulufaiga) as an independent constitutional office, and a Public Service Commission to oversee the public service.
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It guarantees equality for all regardless of origin, religion, social status, gender, etc
The Constitution of Samoa is the supreme law of the land, guaranteeing equality for all citizens regardless of origin, religion, social status, gender, or other factors. This means that no person shall be subjected to any disability, restriction, privilege, or advantage based on these attributes. The constitution establishes a constitutional parliamentary democracy that incorporates traditional practices into its governmental system.
The constitution outlines the executive branch, including the prime minister, cabinet, and attorney general, as well as the judiciary, which consists of the Supreme Court and the Court of Appeal. It also establishes the Parliament of Samoa, which includes the O le Ao o le Malo and the Legislative Assembly. The constitution provides for freedom of assembly and association, and the government generally respects these rights.
The document has been amended frequently, especially during the period of Human Rights Protection Party dominance from 1997 to 2021, often to benefit the ruling party. Major amendments include extending the term of parliament from three to five years in 1991 and changing the term of appointment for the Controller and Chief Auditor from life tenure to three years in 1997. These changes aimed to address widespread government corruption.
The constitution also includes provisions for emergency powers, which were invoked during the COVID-19 pandemic. It prohibits the abuse of women and empowers the Office of the Ombudsman to address human rights issues. As a Christian nation, Samoa's constitution is founded on God the Father, the Son, and the Holy Spirit.
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The constitution provides for emergency powers, including during the COVID-19 pandemic
The Constitution of Samoa is a written constitution that is the supreme law in Samoa. It was drafted by two constitutional conventions in 1954 and 1960 and came into force on 1 January 1962 when Samoa gained independence. The constitution is divided into a preamble, twelve parts, and three schedules.
Part X of the constitution provides for emergency powers, which were invoked during the COVID-19 pandemic in Samoa. This part of the constitution allows for proclamations of emergency and the use of emergency orders during an emergency. On 20 March 2020, Samoa's Prime Minister Tuilaepa Sailele Malielegaoi introduced the Constitution Amendment Bill 2020, Judicature Bill 2020, and Lands and Titles Bill 2020, which brought about significant constitutional changes that undermined judicial independence and the rule of law. These changes included empowering the executive to dismiss judges without grounds or due process, which was a concern raised by the Samoan Law Society, the New Zealand Law Society, the Law Council of Australia, and the IBA's Human Rights Institute (IBAHRI).
The Samoan constitution has been frequently amended, often to the advantage of the ruling party. Amendments must be passed by a two-thirds majority in parliament. Major amendments include extending the term of parliament from three years to five years in 1991 and amending the term of appointment for the Controller and Chief Auditor from life tenure to three years in 1997, allowing them to be removed by a simple majority vote in parliament.
The constitution establishes Samoa as a parliamentary republic with a Westminster system and responsible government. It outlines the structure and powers of the Samoan government's three parts: the executive, legislature, and judiciary. The constitution also establishes the ombudsman as an independent constitutional office and provides for the establishment of a Public Service Commission to oversee public services.
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Frequently asked questions
Samoa's constitution is based on Christian principles, Samoan customs, and traditions. It was approved by 86.5% of the vote in a referendum on 10 May 1961 and came into force on 1 January 1962 when Samoa gained independence.
The constitution of Samoa is divided into a preamble, twelve parts, and three schedules. Part IV establishes the executive, including the prime minister and cabinet, while Part V establishes the Parliament of Samoa, including the O le Ao o le Malo and the Legislative Assembly.
The constitution of Samoa guarantees equality for all regardless of origin, religion, social status, gender, parentage, creed or belief, language, and political affiliation. It also establishes the right to apply to the Supreme Court to enforce these rights.
