Nauruan Law - Case Law

Case Law

In addition to applicable case law inherited from England and Australia, Nauruan case law is primarily based on precedents set in the Supreme Court. Due to the country's small size, Nauru has simply one District Court, with appeals heard by the Supreme Court. Appeals may be heard from the Supreme Court to the High Court of Australia on all but constitutional matters, enabling Australian High Court precedents to continue entering Nauruan jurisprudence. Additionally, a Family Court operates separately.

Nauru's Supreme Court has ruled on the following constitutional cases:

• In re the Constitution, Jeremiah v Nauru Local Government Council (1971). Held by Chief Justice Ian Thompson: Article 3 of the Constitution guarantees the "fundamental rights and freedoms of the individual" exclusively within the bounds of the rights explicitly set out in articles 4 to 13. There is no constitutional right to marriage, and marriage may therefore be restricted by statute.
• In re the Constitution of Nauru (1971). Held by Chief Justice Ian Thompson: Any statute restricting the right of Nauruans aged 20 or more to vote in legislative elections is void due to inconsistency with art.29 of the Constitution, which provides that "Members of Parliament shall be elected in such manner as is prescribed by law, by Nauruan citizens who have attained the age of twenty years". Nauruans may not be deprived of the right to vote on the grounds of unsoundness of mind, nor due to being in gaol.
• Three Questions Referred under Articles 36 & 55 of the Constitution (1977). Held by Chief Justice Ian Thompson: Article 32(b) of the Constitution should be interpreted as meaning that any Member of Parliament convicted of an offence punishable by a year or more in gaol vacates his or her seat in Parliament immediately upon conviction, any appeal notwithstanding.
• Four Questions Referred under Article 55 of the Constitution (1977). Held by Chief Justice Ian Thompson: Article 61 of the Constitution "is not intended to exclude the presentation of Bills for supply otherwise than in accordance with, if their presentation is otherwise expressly or implicitly authorised by the Constitution". The Supply Act 1977 is not unconstitutional.
• In the Matter of the detention of Uti Siose under Article 5 of the Constitution of Nauru (1982). Held by Chief Justice Ian Thompson: The Criminal Procedure Act 1972 was unconstitutional insofar as it permitted the arrest of a person absconding from bail. Art. 5 of the Constitution provides that "No person shall be deprived of his personal liberty, except (c) upon reasonable suspicion of his having committed, or being about to commit, an, offence"; absconding from bail was not yet an offence at the time of the case.
• the Matter of Article 36 of the Constitution, Reference to the Supreme Court by Bobby Eoe (1988), a case arising under art.36 ("Any question that arises concerning the right of a person to be or to remain a member of Parliament shall be referred to and determined by the Supreme Court"). Held by Chief Justice Donne: Parliament's declaration of vacancy of one of its seats is, in this case, valid in accordance with art.32 of the Constitution.
• Constitutional Reference; In re Article 55 of the Constitution (2003). In accordance with art.55 of the Constitution, which permits the Cabinet to refer a constitutional question to the Supreme Court, Chief Justice Barry Connell held that the Speaker's declaration of a successful parliamentary motion of no confidence against the Cabinet was invalid as it had not met the constitutional requirements for such a motion.
• Constitutional Reference; In re Dual Nationality and Other Questions (2004). Question referred to the Supreme Court by Cabinet in accordance with art.55. Held by Chief Justice Barry Connell: "There is no direct prohibition on a member of Parliament holding dual citizenship."
• In the Matter of Article 55 & 45 (and Article 36 & 40) of the Constitution (2007). Chief Justice Robin Millhouse QC answered questions submitted by Cabinet (in accordance witrh art.55) on the meaning of articles 36, 40 and 45 of the Constitution.
• In the Matter of Article 55 & 45 (and Article 36 & 40) of the Constitution (2008). Similar to the above. Answered by Millhouse CJ.
• In re Article 36 of the National Constitution (2008). Held by Chief Justice Robin Millhouse QC: The Speaker must consult the Supreme Court before declaring a seat in Parliament vacant.
• In the Matter of the Constitution and in the Matter of the Dissolution of the Eighteenth Parliament (2010). Held by Justice John von Doussa: The Constitution provides the President with full latitude to determine whether a state of emergency should be declared.