Papua New Guinea is a constitutional monarchy, and Part V of the Constitution explains how that came about — in terms that matter, because they establish that the arrangement was chosen here rather than inherited.
Section 82 — Queen and Head of State
Her Majesty the Queen — (a) having been requested by the people of Papua New Guinea, through their Constituent Assembly, to become the Queen and Head of State of Papua New Guinea; and (b) having graciously consented so to become — is the Queen and Head of State of Papua New Guinea.
The drafting is deliberate. The monarch holds the office because the Constituent Assembly asked, and the request was accepted. Papua New Guinea’s Constitution is autochthonous: its authority derives from the people of the country, and the position of the Head of State is a choice recorded in that document.
Section 82(2) then provides that, subject to and in accordance with the Constitution, the privileges, powers, functions, duties and responsibilities of the Head of State may be had, exercised and performed through a Governor-General appointed under Division 3 — and, except where the contrary intention appears, a reference in any law to the Head of State is read accordingly.
Section 83 — successors
The provisions of the Constitution referring to the Queen extend to Her Majesty’s heirs and successors in the sovereignty of the United Kingdom of Great Britain and Northern Ireland. The office therefore passes automatically on a demise of the Crown; no constitutional amendment is required, and none was made.
Section 84 — precedence
The Head of State takes precedence in rank over all other persons in Papua New Guinea, and the Governor-General takes precedence immediately after the Head of State. Precedence is a matter of rank and ceremony; it is not a source of power.
Section 85 — the Royal Style and Titles
The Style and Titles of the Head of State are as determined by Act of the Parliament, and until such an Act is made are those set out in the section. The point of constitutional substance is that the title is a matter for the Papua New Guinean Parliament.
Section 86 — how the functions are actually exercised
This is the operative section, and it is where the real constitutional rule lives.
- 86(1) The privileges, powers, functions, duties and responsibilities of the Head of State are as prescribed by or under Constitutional Laws and Acts of the Parliament. There are no reserve powers floating outside the written law.
- 86(2) Except as provided by section 96(2), in exercising them the Head of State shall act only with, and in accordance with, the advice of the National Executive Council — or of some other body or authority prescribed by a Constitutional Law or an Act for a particular purpose.
- 86(3) Any instrument made by or in the name of the Head of State shall recite that it is made with, and in accordance with, that advice — but failure to comply does not affect the validity of the instrument.
- 86(4) The question what advice was given, or by whom, is non-justiciable.
Where the Constitution says the Head of State does something, the decision is almost always made elsewhere — by the National Executive Council, by Parliament, or by a specified body. Look for the phrase “acting with, and in accordance with, the advice of”: the words after it identify who actually decides.
Different advisers for different functions
Section 86(2) allows Constitutional Laws and Acts to name a body other than the NEC for a particular purpose, and the Constitution does so repeatedly:
- Appointment of the Governor-General — NEC advice given in accordance with a decision of the Parliament (s 88(1)).
- Appointment of judges — on the advice of the Judicial and Legal Services Commission.
- The power of mercy — on the advice of the National Executive Council, which must consider a report from the Advisory Committee on the Power of Mercy.
- Leadership Code dismissals — the Head of State as the “appropriate authority” must act in accordance with the tribunal’s recommendation (s 28(2)).
The office in the country is held by a citizen
Section 87 requires the Governor-General to be a citizen who is qualified to be a member of Parliament, and who is a mature person of good standing who enjoys the general respect of the community. So while the Head of State is the Sovereign, the person exercising the office in Papua New Guinea is always a Papua New Guinean, nominated by the National Parliament in an exhaustive secret ballot.
Sources
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.