Jonah Patel
Papua New Guinea's Constitution was drafted during the period of self-government from 1973 to 1975, and it entered into force on 16 September 1975, the day the country gained independence. The Constitution is autochthonous, meaning that it was enacted by a constitutional convention of the newly independent state rather than by an imperial parliament. It is also entrenched, meaning that its provisions overbear any ordinary statutory enactments that courts find to be inconsistent with it.
Explore related products
$15.96 $16.95
What You'll Learn
The Constitution was drafted between 1973 and 1975
The Constitution of Papua New Guinea was drafted between 1973 and 1975, during a period of self-government. This was a significant time in the country's history, as it was preparing for full sovereignty and independence from its former colonial rule. The Constitution was carefully crafted to reflect the unique cultural and social landscape of Papua New Guinea, which encompasses dozens of ethnic groups and hundreds of languages.
One notable aspect of the Constitution is its recognition of the country's diverse traditional social groupings. It expresses the desire for "traditional villages and communities to remain as viable units of Papua New Guinean society," protecting their importance to local and national community life. This acknowledgement is a testament to the country's commitment to preserving its rich cultural heritage as it embarked on the path towards independence.
The Constitution also addresses the country's form of government and its relationship with its former colonial power. During the drafting process, there was contemplation regarding having an indigenous head of state. While Papua New Guinea ultimately chose to retain the monarchy, the Constitution specifically refers to the "Head of State" rather than the King or the Crown, indicating a degree of autonomy and independence from colonial influence.
In addition, the Constitution adopts the principle of the separation of powers, similar to the US model. This principle ensures that the judiciary is independent from executive interference, establishing a system of checks and balances within the government. Furthermore, the Constitution outlines the names of the 19 provinces at the time of independence, including Bougainville, which has since had a significant impact on the country's political landscape.
The Constitution of Papua New Guinea serves as a roadmap for the nation's development, outlining fundamental rights and freedoms for all individuals. It is a living document that continues to guide and shape the country's laws, policies, and societal norms, reflecting the country's diverse culture and aspirations for the future.
Constitutional Isomers of C5H12: Exploring Structural Diversity
You may want to see also
It was enacted by a constitutional convention
The Constitution of Papua New Guinea (PNG) was enacted by a constitutional convention of the newly independent state. This means that the constitution was established by a gathering of individuals who came together to create a framework for the country's governance. The process of drafting the constitution took place during a period of self-government from 1973 to 1975, and it entered into force on September 16, 1975, which was also the country's Independence Day.
The term "autochthonous" is used to describe the PNG Constitution, indicating that it was created independently by the people of the newly independent state, rather than being imposed by an external power. This is similar to the process that occurred in the United States after the American Revolution, where the constitution was established by a constitutional convention.
The PNG Constitution is also described as "entrenched," which means that its provisions take precedence over any ordinary statutory enactments that may be inconsistent with it. This is in accordance with the constitutional authority of Marbury v. Madison, which established the principle of judicial review in the United States.
The PNG Constitution reflects the country's diverse population, embracing dozens of different ethnic groups and traditional social groupings. It specifically mentions the protection of traditional villages and communities, ensuring their continuing importance in local and national community life. Additionally, the constitution addresses the issue of an indigenous head of state, referring to the "Head of State" rather than the King or the Crown, although PNG ultimately chose to retain the monarchy.
The process of enacting the PNG Constitution through a constitutional convention was a significant step in the country's journey towards independence and self-governance. It provided a framework for the rights and freedoms of individuals, the separation of powers, and the recognition of traditional cultural practices within the country.
Understanding Elder Abuse and Neglect in Illinois
You may want to see also
It includes the names of the 19 provinces
The Constitution of Papua New Guinea was drafted during the period of self-government from 1973 to 1975. It is "autochthonous", meaning that it was enacted by a constitutional convention of the newly independent state, rather than by an imperial parliament. The Constitution specifically refers to the "Head of State" instead of the King or the Crown, though Papua New Guinea ultimately chose to retain the monarchy.
Papua New Guinea is divided into administrative divisions called provinces. There are 22 provincial-level divisions, which include 20 provinces, the Autonomous Region of Bougainville, and the National Capital District of Port Moresby. The 20 provinces are:
- Chimbu (also known as Simbu)
- Eastern Highlands
- Enga
- Hela
- Jiwaka
- Southern Highlands
- Western Highlands
- Bougainville (also known as North Solomons)
- East New Britain
- Manus
- New Ireland
- West New Britain
- East Sepik
- Madang
- Morobe
- Sandaun (also known as West Sepik)
- Central
- Gulf
- Milne Bay
- Northern Province (also known as Oro)
- Western (also known as Fly)
Countries Constitutions: Preamble Presence and Power
You may want to see also
Explore related products
It protects the rights and freedoms of individuals
The Constitution of Papua New Guinea (PNG) was drafted between 1973 and 1975 during a period of self-government and before the country gained full sovereignty. The Constitution is "autochthonous", meaning that it was enacted by a constitutional convention of the newly independent state, rather than by an imperial parliament.
The PNG Constitution is a roadmap to equality, development, and the realization of the full potential of every Papua New Guinean. It protects the rights and freedoms of individuals, including 19 distinct human rights. These rights include the right to life, liberty, and security of the person, as well as protection under the law. The Constitution also establishes the independence of the judiciary from executive interference, as per the English Bill of Rights of 1689.
One notable case that illustrates the protection of individual rights is Helal Uddin v Solomon Kantha [2020]. In this case, a Bangladeshi man who was being held at the Manus Island Regional Processing Centre applied to the PNG National Court of Justice to stop his removal from PNG. The man had married a PNG citizen and had a child who was also a citizen. Cannings J identified 19 distinct and individual rights in the PNG Constitution that were relevant to the case. These rights included the right to protection against harsh, oppressive, and other proscribed acts under Section 41 of the Constitution. The Supreme Court affirmed that Section 41 does not confer or create any new rights that are enforceable under Section 57 of the Constitution. However, Cannings J found that the man's human rights under Section 41 had been breached and ordered that his removal from PNG be restrained.
Another important aspect of the PNG Constitution is its recognition of the right to health, education, and employment. It also emphasizes the right for women to gain the freedom, opportunity, and respect already freely given to men. This is particularly significant in a country with a young, dynamic population that is poised to reap the benefits of its demographic dividend if national priorities and investments are made in line with the vision of its Constitution.
In conclusion, the Constitution of Papua New Guinea serves as a strong foundation for protecting the rights and freedoms of individuals. It provides a framework for ensuring equality, development, and the realization of the full potential of all citizens, regardless of gender or background.
Key Democratic Principles: The Constitution's Core Ideals
You may want to see also
It acknowledges traditional social groupings
The Constitution of Papua New Guinea was drafted during the period of self-government from 1973 to 1975, when arrangements for full sovereignty were made. The Constitution explicitly acknowledges the traditional social groupings of Papua New Guinea, expressing the wish for "traditional villages and communities to remain as viable units of Papua New Guinean society". It protects their continuing importance to local and national community life.
Papua New Guinea has a population of diverse tribes and languages, with a history of its own customs and traditions. Traditional Melanesian societies in Papua New Guinea are led under a "big man", a position earned through merit, with societies considered relatively egalitarian. The importance of relationships is also reflected in the Kula ring trade, where items are traded to maintain relationships rather than for direct economic benefit.
The PNG Constitution is "autochthonous", meaning that it was enacted by a constitutional convention of the newly independent state, rather than by an imperial parliament as in the case of the Constitutions of Canada and Australia. This indicates a severance of legal continuity with the former metropolitan power. The Constitution also contains a select number of human rights, including the right to life, liberty, and security of the person, and protection of the law.
The country's Constitutional Development Commission, established after a change of government in 1999, brought about political reform. The resulting Organic Law on the Integrity of Political Parties and Candidates created public funding for registered parties, incentivised the selection of women candidates, and instituted punishments for party-hopping. It also barred independent MPs from voting for the prime minister or joining coalitions before a prime minister was elected.
The Constitution acknowledges the importance of development through the use of Papua New Guinean forms of social, political, and economic organization. It emphasizes the dignity and worth of each Papua New Guinean, with the belief that development should be integral human development, enriching all citizens in every part of the country. This includes the right to liberation and fulfilment through the process of development, with no particular area or grouping of people being prioritized at the expense of another.
Personal Data: What Breaches Mean for You
You may want to see also
Frequently asked questions
The Constitution of Papua New Guinea was put together during the period of self-government from 1973 to 1975.
The Constitution being "autochthonous" means that Papua New Guinea's legal continuity with the former metropolitan power was severed, and the Constitution was enacted by a constitutional convention of the newly independent state.
The "Underlying Law" refers to the non-codified sources of law in the PNG legal system, which are additional to the legal rules found in the Constitution and legislation.
The Constitution is the supreme law of the land, and its provisions take precedence over any ordinary statutory enactments that the courts find to be inconsistent with it.
