Constitution of the Independent State of Papua New Guinea

• Coming into Force: 16 September 1975
• Published date: 01 January 1975
• Revision Date: 01 October 2021
• Year: 1975
• Type of Document: Constitution

Contenidos

• Constitution of the Independent State of Papua New Guinea
• PREAMBLE.
• 1. Integral human development.
• 2. Equality and participation.
• 3. National sovereignty and self-reliance.
• 4. Natural resources and environment.
• 5. Papua New Guinean ways.
• PART I.—INTRODUCTORY.
• 1. The Independent State of Papua New Guinea.
• 2. The area of Papua New Guinea.
• 3. National symbols.
• 4. National Capital District.
• 5. Provinces.
• 6. Declaration of Loyalty.
• 7. Oath of Allegiance.
• 8. Principles of interpretation.
• PART II.—THE NATIONAL LEGAL SYSTEM.
• 9. The laws.
• 10. Construction of written laws.
• 11. Constitution, etc., as Supreme Law.
• 12. Organic Laws.
• 13. Alterations of the Constitution.
• 14. Making of alterations to the Constitution and Organic Laws.
• 15. Urgent alterations.
• 16. Indirect alterations.
• 17. "Prescribed majority of votes".
• 18. Original interpretative jurisdiction of the Supreme Court.
• 19. Special references to the Supreme Court.
• 20. Underlying law and pre-Independence statutes.
• 21. Purpose of Schedule 2.
• 22. Enforcement of the Constitution.
• 23. Sanctions.
• 24. Use of certain materials as aids to interpretation.
• PART III.—BASIC PRINCIPLES OF GOVERNMENT.
• 25. Implementation of the National Goals and Directive Principles.
• 26. Application of Division 2.
• 27. Responsibilities of office.
• 28. Further provisions.
• 29. Prosecution of misconduct in office.
• 30. Other authority.
• 31. Disqualifications on dismissal.
• 32. Right to freedom.
• 33. Other rights and freedoms, etc.
• 34. Application of Division 3.
• 35. Right to life.
• 36. Freedom from inhuman treatment.
• 37. Protection of the law.
• 38. General qualifications on qualified rights.
• 39. "Reasonably justifiable in a democratic society", etc.
• 40. Validity of emergency laws.
• 41. Proscribed acts.
• 42. Liberty of the person.
• 43. Freedom from forced labour.
• 44. Freedom from arbitrary search and entry.
• 45. Freedom of conscience, thought and religion.
• 46. Freedom of expression.
• 47. Freedom of assembly and association.
• 48. Freedom of employment.
• 49. Right to privacy.
• 50. Right to vote and stand for public office.
• 51. Right to freedom of information.
• 52. Right to freedom of movement.
• 53. Protection from unjust deprivation of property.
• 54. Special provision in relation to certain lands.
• 55. Equality of citizens.
• 56. Other rights and privileges of citizens.
• 57. Enforcement of guaranteed rights and freedoms.
• 58. Compensation.
• 59. Principles of natural justice.
• 60. Development of principles.
• 61. Basic rights and freedoms.
• 62. Decisions in "deliberate judgement".
• 63. Enforcement of the Basic Social Obligations.
• PART IV.—CITIZENSHIP.
• 65. Automatic citizenship on Independence Day.
• 66. Citizenship by descent and marriage.
• 67. Citizenship by naturalization.
• 68. Special provisions relating to naturalization.
• 69. Application for naturalization.
• 70. Automatic loss of citizenship.
• 71. Acts done under compulsion of law.
• 72. Renunciation of citizenship.
• 73. Regaining citizenship.
• 74. Loss and regaining of citizenship by certain children.
• 75. The Committee.
• 76. Functions of the Committee.
• 77. Special provisions for certain persons.
• 78. Effect of adoption.
• 79. Place of birth of certain persons.
• 80. "Residence".
• 81. Certificate as to citizenship.
• PART V.—THE HEAD OF STATE.
• 82. Queen and Head of State.
• 83. Queen's successors.
• 84. Precedence.
• 85. Royal Style and Titles.
• 86. Functions, etc.
• 87. Qualifications for appointment.
• 88. Appointment to office.
• 89. Assumption of office.
• 90. Declaration of Loyalty, etc.
• 91. Normal term of office.
• 92. Resignation.
• 93. Dismissal and removal from office.
• 94. Suspension from office.
• 95. Acting Governor-General.
• 96. Terms and conditions of employment.
• 97. Conveyance of decisions, etc.
• 98. Acts, etc., of the Head of State.
• PART VI.—THE NATIONAL GOVERNMENT.
• 99. Structure of Government.
• 100. Exercise of the legislative power.
• 101. Membership.
• 102. Nominated members.
• 103. Qualifications for and disqualifications from membership.
• 104. Normal term of office.
• 105. General elections.
• 106. By-elections.
• 107. Offices of Speaker and Deputy Speaker.
• 108. Functions of the Speaker and Deputy Speaker.
• 109. General power of law-making.
• 110. Certification as to making of laws.
• 111. Right to introduce bills, etc.
• 112. Presiding in the Parliament.
• 113. Quorum.
• 114. Voting in the Parliament.
• 115. Parliamentary privileges, etc.
• 116. Disallowance of subordinate laws.
• 117. Treaties, etc.
• 118. Permanent Parliamentary Committees.
• 119. Chairmen and Deputy Chairmen.
• 120. Roles of Chairmen and Deputy Chairmen of Permanent Parliamentary Committees.
• 121. Sessional Committees, Select Committees, etc.
• 122. Arrangement of Parliamentary business in relation to Committees.
• 123. Membership of Parliamentary Committees.
• 124. Calling, etc.
• 125. Electorates.
• 126. Elections.
• 127. Purposes of Subdivision H.
• 128. "Registered political party".
• 129. Integrity of political parties.
• 130. Integrity of candidates.
• 131. The Parliamentary Salaries Tribunal. [Repealed]
• 132. The Parliamentary Service.
• 133. Standing Orders.
• 134. Proceedings non-justiciable.
• 135. Questions as to membership, etc.
• 136. Validation of Acts of the Parliament.
• 137. Acts of Indemnity.
• 138. Vesting of the executive power.
• 139. The National Executive.
• 140. Conferring of powers, etc., outside the National Executive.
• 141. Nature of the Ministry: collective responsibility.
• 142. The Prime Minister.
• 143. Acting Prime Minister.
• 144. Other Ministers.
• 145. Motions of no confidence.
• 146. Resignation.
• 147. Normal term of office.
• 148. Functions, etc., of Ministers.
• 149. The National Executive Council.
• 150. The Secretary to the National Executive Council.
• 151. Grant of pardon, etc.
• 152. Advisory Committee on the Power of Mercy.
• 153. Validity of executive acts.
• 154. The National Justice Administration.
• 155. The National Judicial System.
• 156. The Law Officers.
• 157. Independence of the National Judicial System.
• 158. Exercise of the judicial power.
• 159. Tribunals, etc., outside the National Judicial System.
• 160. Establishment of the Supreme Court.
• 161. Composition of the Supreme Court.
• 162. Jurisdiction of the Supreme Court.
• 163. Establishment of the National Court.
• 164. Composition of the National Court.
• 165. Acting Judges.
• 166. Jurisdiction of the National Court.
• 167. Assistant Judges.
• 168. Qualifications.
• 169. Appointment, etc., of the Chief Justice.
• 170. Appointment of other Judges.
• 171. Seniority of Judges.
• 172. Establishment of other courts.
• 173. Establishment of the Magisterial Service.
• 174. Magistrates, etc., outside the Magisterial Service.
• 175. The Chief Magistrate.
• 176. Establishment of offices.
• 177. Functions of the Public Prosecutor and the Public Solicitor.
• 178. Grounds of removal.
• 179. Removal from office of Chief Justice.
• 180. Removal from office of other Judges, etc.
• 181. Constitution, etc., of tribunals.
• 182. Suspension.
• 183. Establishment of the Commission.
• 184. Rules of court.
• 185. Lack of procedural provision.
• 186. Juries and assessors.
• 187. Reports by Judges.
• PART VIA.—PROVINCIAL GOVERNMENTS AND LOCAL-LEVEL GOVERNMENTS.
• 187A. Provincial Governments and Local-level Governments system.
• 187B. Grant of Provincial Government and Local-level Government.
• 187C. Constitution, functions, etc., of Provincial Governments and Local-level Governments.
• 187D. Inconsistency and justiciability of provincial laws and local-level laws.
• 187E. Suspension of Provincial Governments and Local-level Governments.
• 187F. Re-establishment of Provincial Governments and Local-level Governments.
• 187G. Gradations of Provincial Governments and Local-level Governments.
• 187H. National Economic and Fiscal Commission.
• 187I. Local and village governments.
• 187J. Reports on Provincial Governments and Local-level Governments.
• PART VII.—THE STATE SERVICES.
• 188. Establishment of the State Services.
• 189. Civilian control.
• 190. Establishment of the Commission.
• 191. Functions of the Commission.
• 192. Independence of the Commission.
• 193. Appointments to certain offices.
• 194. "Personnel matters".
• 195. Organization, etc., of the State Services.
• 196. Control of the Police Force.
• 197. Functions of the Police Force.
• 198. Commissioner of Police.
• 199. Other forces.
• 200. Raising unauthorized forces.
• 201. Control of the Defence Force.
• 202. Functions of the Defence Force.
• 203. Application of general law.
• 204. Call-out in aid to the civil power.
• 205. Active service.
• 206. Visiting forces.
• 207. Definition of "disciplined force".
• 208. Protection of members of disciplined forces.
• Part VIIA.—REGULATORY STATUTORY AUTHORITIES.
• 208A. Establishment of Regulatory Statutory Authorities.
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