Constitution of Papua New Guinea

The law of Papua New Guinea consists of the Constitution, ordinary statutes enacted by Parliament or adopted at Independence from overseas (together with their pendant regulations) and judge-made law.

The Constitution is "autochthonous" (a constitutional term of art also used in Malaysia and meaning, literally, "aboriginal," indicating that legal continuity with the former metropolitan power was severed and the Constitution enacted by a constitutional convention of the newly independent state — as in the USA after the American Revolution — rather than by an imperial parliament as in the case of the Constitutions of Canada and Australia). It is "entrenched," meaning that its provisions overbear any ordinary statutory enactments which the courts find to be inconsistent with it, in accordance with the constitutional authority of Marbury v. Madison, the case which established the principle in the USA, the first modern state to have an entrenched constitution.

The Constitution contains a select number of human rights:

* the right to life, liberty and security of person and protection of the law

* the right to take part in political activities

* freedom from inhuman treatment and forced labour

* freedom of conscience, expression, information, assembly and association

* freedom of employment and movement

* the right to privacy and property

During the period of self-government from 1973-75 during which the Constitution was drafted and arrangements for full sovereignty were made it was contemplated that as with most former colonies and trust territories in the British Commonwealth Papua New Guinea would wish to have its own indigenous head of state, and the Constitution specifically refers to the "Head of State" rather than to the Queen or the Crown. In the event, PNG chose to retain the monarchy and there have been no serious moves to alter that arrangement. In practice, the governor-general, chosen by free vote of sitting members of parliament, functions as a de facto non-executive president. Criminal proceedings are brought in the name of "The State" rather than "The Queen" or "R."; the Queen's effigy does not appear on banknotes or coins; apart from a few institutions having royal warrant, such as the Royal Papua New Guinea Constabulary and the Royal Papua Yacht Club, the formal link with the monarchy is largely invisible, and there is little general awareness of it.

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