A constitution that is amended as often as Papua New Guinea’s needs a mechanism for thinking about the amendments. Part XII of the Constitution provides one.
Section 260 — the General Constitutional Commission
An Act shall provide for the establishment, at or after the end of three years from Independence Day, of a General Constitutional Commission. Its members shall:
- (a) be appointed by the Head of State on NEC advice given after consultation with any appropriate parliamentary committee;
- (b) be broadly representative of the different areas of the country; and
- (c) give balanced representation of the major parties and groups in Parliament.
Each member must be a member of Parliament, a member of a provincial government or local government body, a member of a State Service, or some other citizen with relevant expertise (s 260(3)).
The Commission shall inquire into the working of this Constitution and the Organic Laws — and, as soon as reasonably practicable after its appointment, forward a report of its findings to the Speaker for presentation to the Parliament, together with its recommendations (if any) as to amendment of the Constitution, and new or amended Organic Laws or other laws or administrative procedures.
The subject is how the Constitution is working — in practice, not in theory — and the recommendations may extend to administrative procedures, not only to legislation.
Section 261 — the Interim Constitutional Commission
An Act shall provide that, until the General Constitutional Commission is established, there shall be an Interim Constitutional Commission, with membership in accordance with section 260(2) and (3).
The Interim Commission shall consider proposed alterations of the Constitution or of any Organic Law, and report to Parliament before there is an opportunity for debate of the proposed legislation.
This is a pre-legislative scrutiny requirement. It fits with section 14, which requires the proposed law to be published in the National Gazette and circulated a month before introduction, and voted on twice at meetings two months apart. The Constitution is designed so that constitutional change is examined before it is debated, and debated twice before it is made.
Section 262 — subordinate commissions and committees
Acts may provide for:
- (a) a Commission on Provincial Government, whose primary function is to investigate the workings of the system of provincial government; and
- (b) other commissions and committees to investigate such other aspects of the working of the Constitution as Parliament thinks desirable.
Those bodies report to the General Constitutional Commission in time for it to report to Parliament, and the General Commission shall ensure their reports are forwarded to the Speaker for presentation to Parliament before or at the same time as its own. Nothing disappears into a drawer.
Section 263 allows Acts to make provision for further defining the terms of these bodies.
The Law Reform Commission is a different body
Do not confuse constitutional review with law reform generally. Section 21(2) and Schedule 2 establish a Law Reform Commission, whose purpose is to assist in the development of an indigenous jurisprudence adapted to the changing circumstances of Papua New Guinea, with special responsibilities set out in Sch.2.13 and Sch.2.14.
The Law Reform Commission is also one of the nine authorities entitled to make a section 19 special reference to the Supreme Court, and is declared by section 57(2) to have an interest in the protection and enforcement of the Basic Rights.
Reports on how the Constitution is working
- Section 187 — reports by Judges, which under Sch.2.5 must address the development of the underlying law.
- Section 191(4) — the Public Services Commission’s annual report, stating whether its advice was accepted.
- Section 219(1)(b) — the Ombudsman Commission’s function of investigating defects in any law or administrative practice revealed by its investigations.
- Section 214 — the Auditor-General’s annual report to Parliament.
Sources
- Constitution — ss 14, 19, 21, 57, 187, 191, 214, 219, 260–263; Schedule 2
- Underlying Law Act 2000
- Permanent Parliamentary Committees Act 1994
Constitutional sections are amended. Before relying on anything here, read the current text: the Constitution on PacLII. If a decision matters to you, get advice — start with the Office of the Public Solicitor.