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Constitutional rights

The Constitution is the supreme law of Papua New Guinea. Every Act, every government decision and every exercise of public power has to answer to it.

This topic covers the Constitution itself, question by question: where PNG law comes from, what supreme law means, the Basic Rights that every person in the country holds and can enforce, the Leadership Code, citizenship, Parliament, the Executive, the courts, provincial government, emergency powers and Bougainville. One hundred articles, following the structure of the document.

  • Does the Preamble to the PNG Constitution Have Legal Force?

    The Preamble to the Papua New Guinea Constitution explained: what it contains, why the National Goals are non-justiciable under section 25, and where it still binds government.

    The Constitution series, no. 1 · Preamble and National Goals · 4 min read

  • What Are the Five National Goals and Directive Principles?

    The five National Goals and Directive Principles in the PNG Constitution explained in plain language, with what each one actually calls for and what legal weight it carries.

    The Constitution series, no. 2 · Preamble and National Goals · 5 min read

  • Can I Go to Court to Enforce the National Goals?

    Whether the National Goals and Directive Principles can be enforced in a PNG court: section 25 non-justiciability, the three exceptions, and the section 22 gap-filling power.

    The Constitution series, no. 3 · Preamble and National Goals · 4 min read

  • What Are the Basic Social Obligations in the PNG Constitution?

    The Basic Social Obligations declared in the Preamble to the PNG Constitution, what each one requires, and whether they can be enforced in a court.

    The Constitution series, no. 4 · Preamble and National Goals · 4 min read

  • What Does the Constitution Say About PNG's Territory and Sovereignty?

    Sections 1 to 5 of the PNG Constitution explained: the Independent State, the area of the country, absolute sovereignty over natural resources, the National Capital District and provinces.

    The Constitution series, no. 5 · Part I: Introductory · 4 min read

  • What Are PNG's National Symbols, and Who Protects Them?

    Section 3 of the PNG Constitution on national symbols, the National Seal Act, protection of the country's name, and what the law does about misuse of national symbols.

    The Constitution series, no. 6 · Part I: Introductory · 4 min read

  • What Is the Difference Between the Declaration of Loyalty and the Oath of Allegiance?

    Sections 6 and 7 of the PNG Constitution compared: the Declaration of Loyalty, the Oath and Affirmation of Allegiance, who must make them, and what happens if one is refused.

    The Constitution series, no. 7 · Part I: Introductory · 4 min read

  • What Are the Laws of Papua New Guinea?

    Section 9 of the PNG Constitution lists the sources of Papua New Guinean law. What each source is, how they rank, and why the closed list matters.

    The Constitution series, no. 8 · Part II: The national legal system · 5 min read

  • What Does It Mean That the Constitution Is the Supreme Law?

    Section 11 of the PNG Constitution explained: supreme law, invalidity to the extent of inconsistency, self-executing provisions, and how a law is struck down.

    The Constitution series, no. 9 · Part II: The national legal system · 5 min read

  • What Is an Organic Law, and How Is It Different From an Act?

    Section 12 of the PNG Constitution on Organic Laws: the three requirements, why they rank as supreme law, how they are amended, and a list of PNG's Organic Laws.

    The Constitution series, no. 10 · Part II: The national legal system · 5 min read

  • How Is the PNG Constitution Amended?

    How the Papua New Guinea Constitution is amended: sections 13 to 17, the double-debate requirement, Gazette publication, the Speaker's certificate and the self-evident error shortcut.

    The Constitution series, no. 11 · Part II: The national legal system · 5 min read

  • What Is the “Prescribed Majority of Votes”?

    Section 17 of the PNG Constitution explained: absolute, two-thirds and three-quarters absolute majorities, which provisions attract each, and how the rule works for Organic Laws.

    The Constitution series, no. 12 · Part II: The national legal system · 4 min read

  • Who Decides What the Constitution Means?

    Section 18 of the PNG Constitution explained: the Supreme Court's exclusive original interpretative jurisdiction, the duty of lower courts to refer, and the trivial or vexatious exception.

    The Constitution series, no. 13 · Part II: The national legal system · 4 min read

  • What Is a Section 19 Special Reference?

    Section 19 of the PNG Constitution: who can make a special reference to the Supreme Court, what questions can be asked, and why the opinion binds like any other decision.

    The Constitution series, no. 14 · Part II: The national legal system · 5 min read

  • What Is the Underlying Law, and Where Does Custom Fit?

    Schedule 2 of the PNG Constitution and the Underlying Law Act 2000 explained: how custom is recognised, how English common law was adopted, and how courts must develop an indigenous jurisprudence.

    The Constitution series, no. 15 · Part II: The national legal system · 6 min read

  • Who Is Subject to the Leadership Code?

    Section 26 of the PNG Constitution: the full list of leaders subject to the Leadership Code, how the list can be extended, and who decides doubtful cases.

    The Constitution series, no. 16 · Part III: The Leadership Code · 4 min read

  • What Duties Does the Leadership Code Impose?

    Section 27 of the PNG Constitution explained: the four duties of leadership, the ban on using office for personal gain, responsibility for family and associates, and what makes conduct misconduct in office.

    The Constitution series, no. 17 · Part III: The Leadership Code · 5 min read

  • What Is a Conflict of Interest Under the Leadership Code?

    Conflict of interest under section 27 of the PNG Constitution: what counts, the “could have” test, contracts with governmental bodies, and how a leader should manage a conflict.

    The Constitution series, no. 18 · Part III: The Leadership Code · 5 min read

  • How Do I Make a Complaint About a Leader?

    How to complain about a leader in Papua New Guinea: the Ombudsman Commission's role, what makes a useful complaint, the prima facie referral under section 29, and what happens next.

    The Constitution series, no. 19 · Part III: The Leadership Code · 5 min read

  • What Happens at a Leadership Tribunal?

    Leadership tribunals in PNG explained: how they are established under section 28, the natural justice requirement, the mandatory dismissal recommendation and the section 28(1A) exception.

    The Constitution series, no. 20 · Part III: The Leadership Code · 5 min read

  • What Penalties Can a Leader Face for Misconduct in Office?

    Penalties for misconduct in office under the PNG Leadership Code: mandatory dismissal, the section 28(1A) exception, section 31 disqualification, and the separate section 23 sanctions.

    The Constitution series, no. 21 · Part III: The Leadership Code · 4 min read

  • Who Has Basic Rights in Papua New Guinea?

    Who the Basic Rights in Part III Division 3 of the PNG Constitution protect: all persons, citizens only, and non-dual citizens only, plus how section 34 applies rights between individuals.

    The Constitution series, no. 22 · Part III: The Basic Rights · 5 min read

  • What Is the Difference Between an Absolute and a Qualified Right?

    Absolute versus qualified rights in the PNG Constitution: Subdivision B, Subdivision C, the section 38 test, and what “reasonably justifiable in a democratic society” means under section 39.

    The Constitution series, no. 23 · Part III: The Basic Rights · 5 min read

  • What Is the Right to Freedom Under Section 32?

    Section 32 of the PNG Constitution explained: freedom based on law, the least-restriction principle, and how the right to freedom works alongside custom and social obligations.

    The Constitution series, no. 24 · Part III: The Basic Rights · 4 min read

  • What Is the Right to Life Under Section 35?

    Section 35 of the PNG Constitution explained: the right to life, the permitted exceptions, the reasonableness requirement on the use of force, and the preservation of criminal and civil liability.

    The Constitution series, no. 25 · Part III: The Basic Rights · 4 min read

  • What Is Freedom From Inhuman Treatment Under Section 36?

    Section 36 of the PNG Constitution explained: the absolute prohibition on torture and inhuman treatment, what it covers, and how it is enforced under sections 57 and 58.

    The Constitution series, no. 26 · Part III: The Basic Rights · 4 min read

  • What Is “The Protection of the Law” Under Section 37?

    Section 37 of the PNG Constitution explained subsection by subsection: fair hearing, no offence without written law, no double jeopardy, no retrospective crime, appeal rights and treatment in custody.

    The Constitution series, no. 27 · Part III: The Basic Rights · 6 min read

  • What Is the Presumption of Innocence in PNG?

    The presumption of innocence under section 37(4)(a) of the PNG Constitution: what it means, the reverse-onus exception, and how it works with bail and the right to silence.

    The Constitution series, no. 28 · Part III: The Basic Rights · 4 min read

  • Do I Have a Right to a Trial Within a Reasonable Time?

    The right to a hearing within a reasonable time under section 37 of the PNG Constitution: what counts as unreasonable delay, remedies, unreasonable remand under section 42(5), and the four-month report.

    The Constitution series, no. 29 · Part III: The Basic Rights · 5 min read

  • What Does Section 41 Do About Acts That Are Harsh or Oppressive?

    Section 41 of the PNG Constitution explained: proscribed acts, the three limbs, the balance of probabilities standard, and how section 41 interacts with damages under section 58.

    The Constitution series, no. 30 · Part III: The Basic Rights · 5 min read

  • What Rights Do I Have When I Am Arrested?

    Section 42 of the PNG Constitution explained: the grounds for lawful detention, the rights on arrest, the duty to bring a person before a court without delay, the section 42(5) complaint and the right to bail.

    The Constitution series, no. 31 · Part III: The Basic Rights · 6 min read

  • What Is Freedom From Forced Labour Under Section 43?

    Section 43 of the PNG Constitution explained: the prohibition on forced labour, the six exclusions, communal work obligations, and conscientious objection to military service.

    The Constitution series, no. 32 · Part III: The Basic Rights · 4 min read

  • What Is Freedom From Arbitrary Search and Entry Under Section 44?

    Section 44 of the PNG Constitution explained: search warrants, court orders, inspection powers, and how section 44 works with the Search Act and section 49 privacy.

    The Constitution series, no. 33 · Part III: The Basic Rights · 5 min read

  • What Is Freedom of Conscience, Thought and Religion?

    Section 45 of the PNG Constitution explained: freedom of religion and conscience, protection from compelled religious observance, the ban on forcing religion on others, and traditional beliefs.

    The Constitution series, no. 34 · Part III: The Basic Rights · 4 min read

  • What Is Freedom of Expression Under Section 46?

    Section 46 of the PNG Constitution explained: freedom of expression and publication, freedom of the press, the three permitted restrictions, and access to mass communications media.

    The Constitution series, no. 35 · Part III: The Basic Rights · 5 min read

  • What Are Freedom of Assembly and Association Under Section 47?

    Section 47 of the PNG Constitution explained: peaceful assembly, freedom of association, the right not to join, registration of associations, and public order restrictions.

    The Constitution series, no. 36 · Part III: The Basic Rights · 4 min read

  • What Are Freedom of Employment and Freedom of Movement?

    Sections 48 and 52 of the PNG Constitution explained: freedom of choice of employment, industrial organisation membership, freedom of movement, and the ban on expelling citizens.

    The Constitution series, no. 37 · Part III: The Basic Rights · 5 min read

  • What Is the Right to Privacy Under Section 49?

    Section 49 of the PNG Constitution explained: reasonable privacy of private and family life, communications and papers, the biometric exception, and how privacy works with section 44.

    The Constitution series, no. 38 · Part III: The Basic Rights · 4 min read

  • What Is the Right to Vote and Stand for Public Office?

    Section 50 of the PNG Constitution explained: who has the right to vote and stand, the three disqualifications, the reasonable-opportunity requirement, and how elections are regulated.

    The Constitution series, no. 39 · Part III: The Basic Rights · 5 min read

  • Do I Have a Right to See Government Documents?

    Section 51 of the PNG Constitution explained: the right of reasonable access to official documents, the ten exceptions, the duty to establish access procedures, and the protection of Parliament's access.

    The Constitution series, no. 40 · Part III: The Basic Rights · 5 min read

  • Can the Government Take My Property?

    Section 53 of the PNG Constitution explained: compulsory acquisition, the public purpose requirement, just compensation on just terms, the six exclusions, and customary land under section 54.

    The Constitution series, no. 41 · Part III: The Basic Rights · 6 min read

  • What Is Equality of Citizens Under Section 55?

    Section 55 of the PNG Constitution explained: the equality guarantee, the listed grounds, affirmative action under section 55(2), and the pre-Independence law exception.

    The Constitution series, no. 42 · Part III: The Basic Rights · 5 min read

  • How Do I Enforce a Basic Right?

    Section 57 and section 58 of the PNG Constitution explained: who can apply to enforce a Basic Right, what orders a court can make, anticipatory relief, and damages including exemplary damages.

    The Constitution series, no. 43 · Part III: The Basic Rights · 6 min read

  • What Are the Principles of Natural Justice?

    Sections 59 to 62 of the PNG Constitution explained: the principles of natural justice, the duty to act fairly, the development of a PNG administrative law, and decisions in “deliberate judgement”.

    The Constitution series, no. 44 · Part III: Natural justice · 5 min read

  • Do I Have a Right to Reasons for a Decision?

    When you are entitled to reasons for a decision in Papua New Guinea: section 42(7) bail refusals, natural justice under section 59, the Ombudsman Commission, and how to ask.

    The Constitution series, no. 45 · Part III: Natural justice · 4 min read

  • Who Is an Automatic Citizen of Papua New Guinea?

    Section 65 of the PNG Constitution explained: automatic citizenship on Independence Day, the two-grandparent rule, what counts as an adjacent area, and the exclusions.

    The Constitution series, no. 46 · Part IV: Citizenship · 5 min read

  • How Do I Apply for Citizenship by Naturalisation?

    Citizenship by naturalisation under section 67 of the PNG Constitution: the eight-year residence rule, the seven criteria, children, the sport and investment route, and the Citizenship Advisory Committee.

    The Constitution series, no. 47 · Part IV: Citizenship · 5 min read

  • What Is Citizenship by Descent and by Marriage?

    Section 66 of the PNG Constitution explained: citizenship by descent for children and grandchildren, citizenship by marriage, the residence and character requirements, and adoption.

    The Constitution series, no. 48 · Part IV: Citizenship · 5 min read

  • Can I Hold Dual Citizenship in Papua New Guinea?

    Section 64 of the PNG Constitution on dual citizenship: the general prohibition, the prescribed-country approval process, the age-19 rule, and the rights dual citizens do not have.

    The Constitution series, no. 49 · Part IV: Citizenship · 5 min read

  • How Can PNG Citizenship Be Lost or Regained?

    Sections 70 to 74 of the PNG Constitution: automatic loss of citizenship, acts done under compulsion of foreign law, renunciation, regaining citizenship, and children.

    The Constitution series, no. 50 · Part IV: Citizenship · 5 min read

  • What Rights Do Non-Citizens Have in Papua New Guinea?

    The constitutional position of non-citizens in PNG: which Basic Rights apply, where restrictions are permitted, property under section 53(7), and detention under section 42.

    The Constitution series, no. 51 · Part IV: Citizenship · 5 min read

  • Who Is Papua New Guinea's Head of State?

    Part V of the PNG Constitution: the Head of State, the Queen's successors, precedence, the Royal Style and Titles, and how the Head of State's functions are exercised.

    The Constitution series, no. 52 · Part V: The Head of State · 4 min read

  • How Is the Governor-General Chosen and Removed?

    Sections 87 to 95 of the PNG Constitution: qualifications for Governor-General, the exhaustive secret ballot, term of office, resignation, dismissal, removal for incapacity and suspension.

    The Constitution series, no. 53 · Part V: The Head of State · 5 min read

  • What Can the Governor-General Actually Decide Alone?

    The powers of the Governor-General of PNG explained: the duty to act on advice under section 86, the non-justiciability of advice, and where the real decisions are made.

    The Constitution series, no. 54 · Part V: The Head of State · 4 min read

  • How Is the National Parliament Made Up?

    Section 99 to 102 of the PNG Constitution: the three arms of government, the composition of the National Parliament, open and provincial electorates, nominated members and women's electorates.

    The Constitution series, no. 55 · Part VI: The National Parliament · 4 min read

  • How Long Does a Parliament Last, and When Are Elections Held?

    Sections 104 to 106 of the PNG Constitution: the term of a member, when a seat becomes vacant, when general elections must be held, and the rules on by-elections.

    The Constitution series, no. 56 · Part VI: The National Parliament · 4 min read

  • Who Can Be Disqualified From Parliament?

    Section 103 of the PNG Constitution: qualifications and disqualifications for membership of the National Parliament, the suspension of disqualification pending appeal, and restoration to a seat.

    The Constitution series, no. 57 · Part VI: The National Parliament · 5 min read

  • What Is Parliamentary Privilege?

    Section 115 of the PNG Constitution: parliamentary privilege, freedom of speech in Parliament, immunity from proceedings, freedom from arrest for civil debt, and the Leadership Code exception.

    The Constitution series, no. 58 · Part VI: The National Parliament · 5 min read

  • How Does a Bill Become an Act of Parliament?

    How a Bill becomes law in Papua New Guinea: sections 109 to 116 of the Constitution, the Speaker's certificate, commencement, recommittal, and disallowance of subordinate legislation.

    The Constitution series, no. 59 · Part VI: The National Parliament · 5 min read

  • What Is the Speaker's Certificate, and Can a Law Be Challenged Over It?

    The Speaker's certificate under sections 110 and 14 of the PNG Constitution: what it must contain, its evidentiary effect, the four-week challenge to a section 14(6) certificate, and Acts of Indemnity.

    The Constitution series, no. 60 · Part VI: The National Parliament · 5 min read

  • What Do Parliamentary Committees Do?

    The committee system in the PNG Parliament: section 118, the Public Accounts Committee, permanent parliamentary committees, the summons power, and protection for witnesses.

    The Constitution series, no. 61 · Part VI: The National Parliament · 4 min read

  • What Is the National Executive Council?

    Sections 138 to 150 of the PNG Constitution: the executive power, the National Executive Council, the Ministry, collective responsibility and the Secretary to the Council.

    The Constitution series, no. 62 · Part VI: The National Executive · 4 min read

  • How Is the Prime Minister Appointed?

    Section 142 of the PNG Constitution: the appointment of the Prime Minister, the first-item rule, dismissal, removal for incapacity, suspension, and the Acting Prime Minister.

    The Constitution series, no. 63 · Part VI: The National Executive · 5 min read

  • How Does a Vote of No Confidence Work?

    Section 145 of the PNG Constitution: motions of no confidence in the Prime Minister, the Ministry or a Minister, the notice requirement, the grace period and the nomination rule.

    The Constitution series, no. 64 · Part VI: The National Executive · 5 min read

  • How Are Ministers Appointed and Dismissed?

    Section 144 of the PNG Constitution: the number of Ministers, appointment on the Prime Minister's advice, dismissal, suspension, portfolios and resignation.

    The Constitution series, no. 65 · Part VI: The National Executive · 4 min read

  • What Is the Power of Mercy?

    Sections 151 and 152 of the PNG Constitution: the power of mercy, free and conditional pardons, the Advisory Committee on the Power of Mercy, and pardons for accomplices.

    The Constitution series, no. 66 · Part VI: The National Executive · 4 min read

  • What Courts Make Up the National Judicial System?

    Sections 154 to 159 and 172 to 175 of the PNG Constitution: the National Judicial System, the National Justice Administration, the Magisterial Service, and courts applying custom.

    The Constitution series, no. 67 · Part VI: The administration of justice · 5 min read

  • What Does the Supreme Court of PNG Do?

    The Supreme Court of Papua New Guinea: composition, the three-judge rule, appellate and constitutional jurisdiction, section 155(2), and how a case reaches it.

    The Constitution series, no. 68 · Part VI: The administration of justice · 5 min read

  • What Is the National Court's Jurisdiction?

    Sections 163 to 167 of the PNG Constitution: the National Court, its unlimited jurisdiction, judicial review under section 155(3), acting judges and Assistant Judges.

    The Constitution series, no. 69 · Part VI: The administration of justice · 5 min read

  • What Is Section 155(4), and Why Do Lawyers Cite It Constantly?

    Section 155(4) of the PNG Constitution explained: prerogative orders, the power to do justice in a particular case, the primary-rights limit, and section 155(5) review.

    The Constitution series, no. 70 · Part VI: The administration of justice · 5 min read

  • How Are Judges Appointed, and Can They Be Removed?

    Sections 168 to 183 of the PNG Constitution: appointment of the Chief Justice and other judges, the three grounds of removal, removal tribunals, and suspension on full pay.

    The Constitution series, no. 71 · Part VI: The administration of justice · 5 min read

  • What Protects Judicial Independence in PNG?

    Section 157 of the PNG Constitution and the wider architecture of judicial independence: the ban on directions, security of tenure, appointment by commission, and remuneration by Organic Law.

    The Constitution series, no. 72 · Part VI: The administration of justice · 5 min read

  • What Does the Public Prosecutor Do?

    Sections 176 and 177 of the PNG Constitution: the Public Prosecutor's functions, independence from direction, the national-security exception, and the tabling requirement.

    The Constitution series, no. 73 · Part VI: The administration of justice · 5 min read

  • What Does the Public Solicitor Do, and Can I Get a Free Lawyer?

    Section 177 of the PNG Constitution: the Public Solicitor's functions, the two-year rule, how “need” is assessed, court directions to provide aid, and applying for help.

    The Constitution series, no. 74 · Part VI: The administration of justice · 5 min read

  • What Is the Provincial and Local-level Government System?

    Part VIA of the PNG Constitution: the provincial and local-level government system, the Organic Law, funding and taxation, devolution of powers, and the National Economic and Fiscal Commission.

    The Constitution series, no. 75 · Part VIA: Provincial government · 5 min read

  • Who Does What — National, Provincial or Local Government?

    Section 187D of the PNG Constitution and the allocation of powers between the National Government, Provincial Governments and Local-level Governments, and how conflicts are resolved.

    The Constitution series, no. 76 · Part VIA: Provincial government · 5 min read

  • Can a Provincial Government Be Suspended?

    Sections 187E and 187F of the PNG Constitution: suspension of a provincial or local-level government, parliamentary confirmation, who exercises the powers meanwhile, and the nine-month re-establishment rule.

    The Constitution series, no. 77 · Part VIA: Provincial government · 5 min read

  • What Are the State Services Under the Constitution?

    Part VII of the PNG Constitution: the four State Services, civilian control, appointments to senior offices under section 193, and regulatory statutory authorities.

    The Constitution series, no. 78 · Part VII: The State Services · 4 min read

  • What Does the Public Services Commission Do?

    Sections 190 to 194 of the PNG Constitution: the Public Services Commission, its appointment by a five-member committee, its review functions, independence, and annual report.

    The Constitution series, no. 79 · Part VII: The State Services · 4 min read

  • What Does the Constitution Say About the Police Force?

    Sections 196 to 199 of the PNG Constitution: control of the Police Force, its primary functions, independence in charging decisions, the Commissioner of Police, and the one-force rule.

    The Constitution series, no. 80 · Part VII: The State Services · 5 min read

  • What Does the Constitution Say About the Defence Force?

    Sections 200 to 206 of the PNG Constitution: unauthorized forces, control of the Defence Force, its functions, call-out in aid to the civil power, and active service abroad.

    The Constitution series, no. 81 · Part VII: The State Services · 5 min read

  • Can a Member of a Disciplined Force Be Punished for Obeying Orders?

    Sections 207 and 208 of the PNG Constitution: what a disciplined force is, relief from responsibility for carrying out lawful orders, the honest-belief limb, and who pays compensation.

    The Constitution series, no. 82 · Part VII: The State Services · 5 min read

  • How Is Public Money Controlled Under the Constitution?

    Part VIII of the PNG Constitution: parliamentary responsibility for public finance, accounting for public moneys, executive initiative, and spending without prior approval.

    The Constitution series, no. 83 · Part VIII: Supervision and control · 5 min read

  • What Is the National Budget Process?

    Section 209 of the PNG Constitution: the National Budget, the three separate appropriations, estimates from the Speaker and Chief Justice, and consultation with parliamentary committees.

    The Constitution series, no. 84 · Part VIII: Supervision and control · 4 min read

  • What Does the Auditor-General Do?

    Sections 213 and 214 of the PNG Constitution: the Auditor-General's appointment, independence, audit functions, reach over statutory bodies, and reporting to Parliament.

    The Constitution series, no. 85 · Part VIII: Supervision and control · 4 min read

  • What Is the Public Accounts Committee?

    Sections 215 and 216 of the PNG Constitution: the Public Accounts Committee, its functions, its reach over Auditor-General reports, and the protection for witnesses who give evidence.

    The Constitution series, no. 86 · Part VIII: Supervision and control · 4 min read

  • What Does the Ombudsman Commission Do?

    Sections 217 to 220 of the PNG Constitution: the Ombudsman Commission, how it is appointed, what “wrong conduct” means, the limits on its jurisdiction, and its powers of enforcement.

    The Constitution series, no. 87 · Part VIII: Supervision and control · 6 min read

  • What Is the Independent Commission Against Corruption?

    Division VIII.3 of the PNG Constitution: the Independent Commission Against Corruption, its purposes and functions, independence, oversight committee, and relationship with the Ombudsman Commission.

    The Constitution series, no. 88 · Part VIII: Supervision and control · 5 min read

  • Who Are the Constitutional Office-holders, and Why Are They Protected?

    Part IX of the PNG Constitution: who is a constitutional office-holder, the guarantees in section 223, protection of emoluments, and the duty to provide facilities.

    The Constitution series, no. 89 · Part IX: Constitutional office-holders · 5 min read

  • What Is the Judicial and Legal Services Commission?

    Section 183 of the PNG Constitution: the Judicial and Legal Services Commission, its five members, the Chief Magistrate addition, its independence, and its appointment and removal powers.

    The Constitution series, no. 90 · Part IX: Constitutional office-holders · 4 min read

  • When Can a National Emergency Be Declared?

    Sections 226 to 229 and 239 of the PNG Constitution: what counts as an emergency, who declares it, the 21-day expiry, parliamentary extension and revocation.

    The Constitution series, no. 91 · Part X: Emergency powers · 5 min read

  • What Happens to My Rights During a Declared Emergency?

    Section 233 and section 40 of the PNG Constitution: which Basic Rights an emergency law may alter, the six that are untouchable, and the extra limits on Emergency Regulations.

    The Constitution series, no. 92 · Part X: Emergency powers · 5 min read

  • What Is an Emergency Regulation, and What Limits Apply?

    Sections 230 to 232 of the PNG Constitution: Emergency Acts, Emergency Regulations, the automatic expiry rule, emergency orders and the limits on all of them.

    The Constitution series, no. 93 · Part X: Emergency powers · 5 min read

  • What Is Internment, and What Protections Apply?

    Sections 244 and 245 of the PNG Constitution: what internment is, how an internment Act must be passed, tribunal review, the two-month and six-month limits, publication and compensation.

    The Constitution series, no. 94 · Part X: Emergency powers · 6 min read

  • How Is the Constitution Reviewed?

    Part XII of the PNG Constitution: the General Constitutional Commission, the Interim Constitutional Commission, subordinate commissions, and how constitutional review feeds into Parliament.

    The Constitution series, no. 95 · Parts XI to XIII: Review and transition · 4 min read

  • Why Do Pre-Independence Laws Still Apply?

    Part XIII and Schedule 2 of the PNG Constitution: the adoption of pre-Independence laws, the Chapter numbering, the transitional Organic Law, and how to tell what is still in force.

    The Constitution series, no. 96 · Parts XI to XIII: Review and transition · 4 min read

  • How Do I Read a Section of the Constitution?

    How to read the PNG Constitution: Schedule 1 interpretation rules, the numbering system, non-justiciable provisions, and the aids to interpretation in sections 24 and 39.

    The Constitution series, no. 97 · Parts XI to XIII: Review and transition · 5 min read

  • What Is the Autonomous Bougainville Government?

    Part XIV of the PNG Constitution: the Autonomous Bougainville Government, the Bougainville Peace Agreement, the Bougainville Constitution, and the institutions of autonomy.

    The Constitution series, no. 98 · Part XIV: Bougainville · 5 min read

  • What Does the Constitution Say About the Bougainville Referendum?

    Sections 338 to 343 of the PNG Constitution: when the Bougainville referendum was to be held, the good-governance and weapons-disposal conditions, the question, and what happens with the results.

    The Constitution series, no. 99 · Part XIV: Bougainville · 5 min read

  • How Are Powers Divided Between PNG and Bougainville?

    Sections 288 to 290 of the PNG Constitution: the division of functions and powers between the National Government and the Autonomous Bougainville Government, and how functions are transferred.

    The Constitution series, no. 100 · Part XIV: Bougainville · 5 min read

Read the Constitution itself

Every article above names the sections it deals with. The full text is public and comparatively readable: Constitution of the Independent State of Papua New Guinea on PacLII.

The series is organised Part by Part on the Constitution page.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.