Law of Papua New Guinea - Constitution

Constitution

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. 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, as in the other Commonwealth Realms, 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.