Constitutional Law Of Papua New Guinea

Providing a description of the role and functions of the Constitution especially the National Goals and Directive Principles, this book contains detailed treatment of the various categories of the laws prescribed by the Constitution. In addition, the main institutions of the state are identified and discussed.

On the 16th of September 1985 the nation of Papua New Guinea celebrated its 10th anniversary of independence. This occasion prompted the publication of this collection of essays which focused on the operation of the Constitution of the Independent State of Papua New Guinea. A wide range of viewpoints are reflected in the essays. They will be essential reading for anyone interested in either the relationship between law and development or in the legal and political history of Papua New Guinea. Table of Contents: The status of the common law under the Constitution by John K. Gawi Popular participation and the Constitution by Peter Fitzpatrick The role of customs in law reform by Richard Scaglion Customary family law, the courts and the Constitution by Owen Jessup Women and the Constitution of Papua New Guinea by Dianne Johnson The executive government: power, politics and responsibility by John Goldring The Constitution and provincial governments by Angoea Tadabe Reversing the burden of proof in Papua New Guinea: Constitutional prescription and judicial exposition by John Kaburise Sources of political legitimacy in conflict and naturalized foreigners: Some comments on the general Constitutional Commission's Final Report, 1983 by Duncan Colquhoun-Kerr Custom, common law and constructive judicial lawmaking by Derek Roebuck

The Constitution of Papua New Guinea is both a document in legal theory -- stating the goals and basic premises of the society -- and a set of laws: the fundamental laws of the nation. It is a 'home grown' political and legal roadmap for the nation's development, underpinned by ideas of national self-respect, democracy and equality. This book contains the text of the Constitution of Papua New Guinea, annotated with the authors' comments and references to relevant reports and judgments. It is an essential reference book not only for lawyers, law students and judges but also for Members of Parliament and members of the State Services who, in the performance of their duties to the people, must be guided by the laws of the country.

The essays contained in this volume deal with important issues regarding the development and parameters of the principles and application of administrative law. They reconcile the different administrative law principles as enunciated by various judges, law practitioners, legal luminaries and human rights activists from various parts of the world, and provide a rich experience and background of the subject. They were initially submitted at a workshop organised by the then Law Faculty of the University of Papua New Guinea in 1996. These papers were later edited to ensure comprehension of administrative law in all its gamuts by the students, advocates, legal practitioners and administrators, not only in Papua New Guinea, to whom this book is addressed, but in other parts of the world as well. All these essays have been grouped into five parts: origins of administrative law, rules of natural justice, the judicial review process, human rights and administrative law, and the role of judges in a democratic state. The publication of the book has coincided with Papua New Guinea's Silver Jubilee Year of Independence.

A collection of papers presented at a conference held in Papua New Guinea in March 1996, examining the operation of the PNG constitution in its first 20 years of operation.