Mobile users can only read ConText documents. Annotate this document on your computer or tablet.
Results

Table of Contents

  1. Preamble
  2. PART I. INTRODUCTORY
  3. DIVISION 1. THE NATION
  4. DIVISION 2. INTERPRETATION
  5. PART II. THE NATIONAL LEGAL SYSTEM
  6. DIVISION 1. THE LAWS OF PAPUA NEW GUINEA
  7. DIVISION 2. CONSTITUTIONAL LAWS
  8. SUBDIVISION A. SUPREME LAW
  9. SUBDIVISION B. CONSTITUTIONAL ALTERATION AND ORGANIC LAWS
  10. SUBDIVISION C. CONSTITUTIONAL INTERPRETATION
  11. DIVISION 3. ADOPTION, RECEPTION AND DEVELOPMENT OF CERTAIN LAWS
  12. DIVISION 4. GENERAL
  13. PART III. BASIC PRINCIPLES OF GOVERNMENT
  14. DIVISION 1. NATIONAL GOALS AND DIRECTIVE PRINCIPLES
  15. DIVISION 2. LEADERSHIP CODE
  16. DIVISION 3. BASIC RIGHTS
  17. SUBDIVISION A. INTRODUCTORY
  18. SUBDIVISION B. FUNDAMENTAL RIGHTS
  19. SUBDIVISION C. QUALIFIED RIGHTS
  20. SUBDIVISION D. ENFORCEMENT
  21. DIVISION 4. PRINCIPLES OF NATURAL JUSTICE
  22. DIVISION 5. BASIC SOCIAL OBLIGATIONS
  23. PART IV. CITIZENSHIP
  24. DIVISION 1. INTRODUCTORY
  25. DIVISION 2. ACQUISITION OF CITIZENSHIP
  26. DIVISION 3. LOSS AND REGAINING OF CITIZENSHIP
  27. DIVISION 4. CITIZENSHIP ADVISORY COMMITTEE
  28. DIVISION 5. GENERAL
  29. PART V. THE HEAD OF STATE
  30. DIVISION 1. THE HEAD OF STATE
  31. DIVISION 2. FUNCTIONS, ETC., OF THE HEAD OF STATE
  32. DIVISION 3. APPOINTMENT, ETC., OF GOVERNOR-GENERAL
  33. DIVISION 4. GENERAL
  34. PART VI. THE NATIONAL GOVERNMENT
  35. DIVISION 1. GENERAL PRINCIPLES
  36. DIVISION 2. THE NATIONAL PARLIAMENT
  37. SUBDIVISION A. THE LEGISLATIVE POWER
  38. SUBDIVISION B. COMPOSITION OF THE NATIONAL PARLIAMENT
  39. SUBDIVISION C. THE SPEAKER AND THE DEPUTY SPEAKER
  40. SUBDIVISION D. POWERS, PRIVILEGES AND PROCEDURES
  41. SUBDIVISION E. THE COMMITTEE SYSTEM
  42. SUBDIVISION F. CALLING, ETC., OF THE PARLIAMENT
  43. SUBDIVISION G. ELECTORATES AND ELECTIONS
  44. SUBDIVISION H. PROTECTION OF ELECTIONS FROM OUTSIDE OR HIDDEN INFLUENCE
  45. SUBDIVISION I. GENERAL
  46. DIVISION 4. THE NATIONAL EXECUTIVE
  47. SUBDIVISION A. THE NATIONAL EXECUTIVE AND THE EXECUTIVE POWER
  48. SUBDIVISION B. THE MINISTRY
  49. SUBDIVISION C. THE NATIONAL EXECUTIVE COUNCIL
  50. SUBDIVISION D. THE POWER OF MERCY
  51. SUBDIVISION E. GENERAL
  52. DIVISION 5. THE ADMINISTRATION OF JUSTICE
  53. SUBDIVISION A. GENERAL STRUCTURE AND PRINCIPLES OF THE NATIONAL JUSTICE ADMINISTRATION
  54. SUBDIVISION B. THE JUDICIAL POWER
  55. SUBDIVISION C. THE SUPREME COURT OF JUSTICE
  56. SUBDIVISION D. THE NATIONAL COURT OF JUSTICE
  57. SUBDIVISION E. APPOINTMENT, ETC., OF JUDGES
  58. SUBDIVISION F. INFERIOR COURTS, THE MAGISTERIAL SERVICE, ETC.
  59. SUBDIVISION G. THE PUBLIC PROSECUTOR AND THE PUBLIC SOLICITOR
  60. SUBDIVISION H. REMOVAL FROM OFFICE OF SENIOR JUDICIAL AND LEGAL OFFICE-HOLDERS
  61. SUBDIVISION I. THE JUDICIAL AND LEGAL SERVICES COMMISSION
  62. SUBDIVISION J. MISCELLANEOUS
  63. PART VIA. PROVINCIAL GOVERNMENT AND LOCAL LEVEL GOVERNMENT
  64. PART VII. THE STATE SERVICES
  65. DIVISION 1. INTRODUCTORY
  66. DIVISION 2. THE PUBLIC SERVICES COMMISSION
  67. DIVISION 3. THE STATE SERVICES GENERALLY
  68. DIVISION 4. SPECIAL PROVISIONS IN RELATION TO THE POLICE FORCE
  69. DIVISION 5. SPECIAL PROVISIONS IN RELATION TO THE DEFENCE FORCE
  70. DIVISION 6. SPECIAL PROVISIONS RELATING TO DISCIPLINED FORCES
  71. PART VIII. SUPERVISION AND CONTROL
  72. DIVISION 1. PUBLIC FINANCES
  73. SUBDIVISION A. THE PARLIAMENT AND FINANCE
  74. SUBDIVISION B. THE AUDITOR-GENERAL
  75. SUBDIVISION C. THE PUBLIC ACCOUNTS COMMITTEE
  76. DIVISION 1A. SALARIES AND REMUNERATION COMMISSION
  77. DIVISION 2. THE OMBUDSMAN COMMISSION
  78. PART IX. CONSTITUTIONAL OFFICE-HOLDERS AND CONSTITUTIONAL INSTITUTIONS
  79. PART X. EMERGENCY POWERS
  80. DIVISION 1. INTRODUCTORY
  81. DIVISION 2. PERIODS OF DECLARED NATIONAL EMERGENCY
  82. DIVISION 3. EMERGENCY MEASURES
  83. DIVISION 4. PARLIAMENTARY SUPERVISION AND CONTROL
  84. DIVISION 5. INTERNMENT
  85. DIVISION 6. MISCELLANEOUS
  86. PART XI. MISCELLANEOUS
  87. PART XII. CONSTITUTIONAL REVIEW
  88. SCHEDULE 1. RULES FOR SHORTENING AND INTERPRETATION OF THE CONSTITUTIONAL LAWS
  89. SCHEDULE 2. ADOPTION, ETC., OF CERTAIN LAWS
  90. SCHEDULE 3. DECLARATION OF OFFICE
  91. SCHEDULE 4. JUDICIAL DECLARATION
  92. SCHEDULE 5. ADOPTED LAWS OF OTHER COUNTRIES

Constitution of Papua New Guinea (1975, rev. 1991)

1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1

2


3Preamble

4WE, THE PEOPLE OF PAPUA NEW GUINEA-

5united in one nation

6pay homage to the memory of our ancestors the source of our strength and origin of our combined heritage

7acknowledge the worthy customs and traditional wisdoms of our people which have come down to us from generation to generation

8pledge ourselves to guard and pass on to those who come after us our noble traditions and the Christian principles that are ours now.

9By authority of our inherent right as ancient, free and independent peoples

10WE, THE PEOPLE, do now establish this sovereign nation and declare ourselves, under the guiding hand of God, to be the Independent State of Papua New Guinea.

11AND WE ASSERT, by virtue of that authority

12that all power belongs to the people acting through their duly elected representatives

13that respect for the dignity of the individual and community interdependence are basic principles of our society

14that we guard with our lives our national identity, integrity and self respect

15that we reject violence and seek consensus as a means of solving our common problems

16that our national wealth, won by honest, hard work be equitably shared by all.

17WE DO NOW THEREFORE DECLARE

18that we, having resolved to enact a Constitution for the Independent State of Papua New Guinea

19AND ACTING through our Constituent Assembly on 15 August 1975,

20HEREBY ESTABLISH, ADOPT and GIVE TO OURSELVES this Constitution to come into effect on Independence Day, that is 16 September 1975

21IN SO DOING WE, THE PEOPLE OF PAPUA NEW GUINEA, SET BEFORE OURSELVES THESE NATIONAL GOALS AND DIRECTIVE PRINCIPLES THAT UNDERLIE OUR CONSTITUTION:

22National Goals and Directive Principles.

23WE HEREBY PROCLAIM the following aims as our National Goals, and direct all persons and bodies, corporate and unincorporate, to be guided by these our declared Directives in pursuing and achieving our aims:-

241. INTEGRAL HUMAN DEVELOPMENT

25We declare our first goal to be for every person to be dynamically involved in the process of freeing himself from every form of domination or oppression so that each man or woman will have the opportunity to develop as a whole person in relationship with others.

26WE ACCORDINGLY CALL FOR-

271.everyone to be involved in our endeavours to achieve integral human development of the whole person for every person and to seek fulfilment through his or her contribution to the common good; and

282.education to be based on mutual respect and dialogue, and to promote awareness of our human potential and motivation to achieve our National Goals through self-reliant effort; and

293.all forms of beneficial creativity, including sciences and cultures, to be actively encouraged; and

304.improvement in the level of nutrition and the standard of public health to enable our people to attain self fulfilment; and

315.the family unit to be recognized as the fundamental basis of our society, and for every step to be taken to promote the moral, cultural, economic and social standing of the Melanesian family; and

326.development to take place primarily through the use of Papua New Guinean forms of social and political organization.

332. EQUALITY AND PARTICIPATION

34We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country.

35WE ACCORDINGLY CALL FOR-

361.an equal opportunity for every citizen to take part in the political, economic, social, religious and cultural life of the country; and

372.the creation of political structures that will enable effective, meaningful participation by our people in that life, and in view of the rich cultural and ethnic diversity of our people for those structures to provide for substantial decentralization of all forms of government activity; and

383.every effort to be made to achieve an equitable distribution of incomes and other benefits of development among individuals and throughout the various parts of the country; and

394.equalization of services in all parts of the country, and for every citizen to have equal access to legal processes and all services, governmental and otherwise, that are required for the fulfilment of his or her real needs and aspirations; and

405.equal participation by women citizens in all political, economic, social and religious activities; and

416.the maximization of the number of citizens participating in every aspect of development; and

427.active steps to be taken to facilitate the organization and legal recognition of all groups engaging in development activities; and

438.means to be provided to ensure that any citizen can exercise his personal creativity and enterprise in pursuit of fulfilment that is consistent with the common good, and for no citizen to be deprived of this opportunity because of the predominant position of another; and

449.every citizen to be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community; and

4510.all persons and governmental bodies of Papua New Guinea to ensure that, as far as possible, political and official bodies are so composed as to be broadly representative of citizens from the various areas of the country; and

4611.all persons and governmental bodies to endeavour to achieve universal literacy in Pisin, Hiri Motu or English, and in "tok ples" or "ita eda tano gado"; and

4712.recognition of the principles that a complete relationship in marriage rests on equality of rights and duties of the partners, and that responsible parenthood is based on that equality.

483. NATIONAL SOVEREIGNTY AND SELF-RELIANCE

49We declare our third goal to be for Papua New Guinea to be politically and economically independent, and our economy basically self-reliant.

50WE ACCORDINGLY CALL FOR-

511.our leaders to be committed to these National Goals and Directive Principles, to ensure that their freedom to make decisions is not restricted by obligations to or relationship with others, and to make all of their decisions in the national interest; and

522.all governmental bodies to base their planning for political, economic and social development on these Goals and Principles; and

533.internal interdependence and solidarity among citizens, and between provinces, to be actively promoted; and

544.citizens and governmental bodies to have control of the bulk of economic enterprise and production; and

555.strict control of foreign investment capital and wise assessment of foreign ideas and values so that these will be subordinate to the goal of national sovereignty and self-reliance, and in particular for the entry of foreign capital to be geared to internal social and economic policies and to the integrity of the Nation and the People; and

566.the State to take effective measures to control and actively participate in the national economy, and in particular to control major enterprises engaged in the exploitation of natural resources; and

577.economic development to take place primarily by the use of skills and resources available in the country either from citizens or the State and not in dependence on imported skills and resources; and

588.the constant recognition of our sovereignty which must not be undermined by dependence on foreign assistance of any sort, and in particular for no investment, military or foreign-aid agreement or understanding to be entered into that imperils our self-reliance and self-respect, or our commitment to these National Goals and Directive Principles, or that may lead to substantial dependence upon or influence by any country, investor, lender or donor.

594. NATURAL RESOURCES AND ENVIRONMENT

60We declare our fourth goal to be for Papua New Guinea's natural resources and environment to be conserved and used for the collective benefit of us all and be replenished for the benefit of future generations.

61WE ACCORDINGLY CALL FOR-

621.wise use to be made of our natural resources and the environment in and on the land or seabed, in the sea, under the land, and in the air, in the interests of our development and in trust for future generations; and

632.the conservation and replenishment, for the benefit of ourselves and posterity, of the environment and its sacred, scenic, and historical qualities; and

643.all necessary steps to be taken to give adequate protection to our valued birds, animals, fish, insects, plants and trees.

655. PAPUA NEW GUINEAN WAYS

66We declare our fifth goal to be to achieve development primarily through the use of Papua New Guinean forms of social, political and economic organizations.

67WE ACCORDINGLY CALL FOR-

681.a fundamental re-orientation of our attitudes and the institutions of government, commerce, education and religion towards Papua New Guinean forms of participation, consultation, and consensus, and a continuous renewal of the responsiveness of these institutions to the needs and attitudes of the People; and

692.particular emphasis in our economic development to be placed on small-scale artisan, service and business activity; and

703.recognition that the cultural, commercial and ethnic diversity of our people is positive strength, and for the fostering of a respect for, and appreciation of, traditional ways of life and culture, including language, in all their richness and variety, as well as for a willingness to apply these ways dynamically and creatively for the tasks of development; and

714.traditional villages and communities to remain as viable units of Papua New Guinean society, and for active steps to be taken to improve their cultural, social, economic and ethical quality.

72BASIC RIGHTS

73WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-

74a.life, liberty, security of the person and the protection of the law; and

75b.the right to take part in political activities; and

76c.freedom from inhuman treatment and forced labour; and

77d.freedom of conscience, of expression, of information and of assembly and association; and

78e.freedom of employment and freedom of movement; and

79f.protection for the privacy of their homes and other property and from unjust deprivation of property,

80and have accordingly included in this Constitution provisions designed to afford protection to those rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations primarily designed to ensure that the enjoyment of the acknowledged rights and freedoms by an individual does not prejudice the rights and freedoms of others or the legitimate public interest.

81BASIC SOCIAL OBLIGATIONS

82WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-

83a.to respect, and to act in the spirit of, this Constitution; and

84b.to recognize that they can fully develop their capabilities and advance their true interests only by active participation in the development of the national community as a whole; and

85c.to exercise the rights guaranteed or conferred by this Constitution, and to use the opportunities made available to them under it to participate fully in the government of the Nation; and

86d.to protect Papua New Guinea and to safeguard the national wealth, resources and environment in the interests not only of the present generation but also of future generations; and

87e.to work according to their talents in socially useful employment, and if necessary to create for themselves legitimate opportunities for such employment; and

88f.to respect the rights and freedoms of others, and to co-operate fully with others in the interests of interdependence and solidarity; and

89g.to contribute, as required by law, according to their means to the revenues required for the advancement of the Nation and the purposes of Papua New Guinea; and

90h.in the case of parents, to support, assist and educate their children (whether born in or out of wedlock), and in particular to give them a true understanding of their basic rights and obligations and of the National Goals and Directive Principles; and

91i.in the case of the children, to respect their parents.

92IN ADDITION, WE HEREBY DECLARE that all citizens have an obligation to themselves and their descendants, to each other and to the Nation to use profits from economic activities in the advancement of our country and our people, and that the law may impose a similar obligation on non-citizens carrying on economic activities in or from our country.

93PART I. INTRODUCTORY

94DIVISION 1. THE NATION

951. THE INDEPENDENT STATE OF PAPUA NEW GUINEA

961. Papua New Guinea is a sovereign, independent State by the name of the Independent State of Papua New Guinea.

972. The name of the Independent State of Papua New Guinea and its variants shall be protected by an Act of the Parliament.

982. THE AREA OF PAPUA NEW GUINEA

991. The area of Papua New Guinea consists of the area that, immediately before Independence Day, constituted what was then known as Papua New Guinea, together with all internal waters and the territorial sea and underlying lands, and, subject to disclaimer by resolution of the Parliament at or before the end of its next meeting, includes such neighbouring waters and such lands underlying any such waters, and such additional lands and waters, as are declared by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, to be part of that area.

1002. The sovereignty of Papua New Guinea over its territory, and over the natural resources of its territory, is and shall remain absolute, subject only to such obligations at international law as are freely accepted by Papua New Guinea in accordance with this Constitution.

1013. NATIONAL SYMBOLS

1021. Acts of the Parliament may make provision for and in respect of-

103a.a National Flag; and

104b.a National Emblem; and

105c.a National Motto; and

106d.a National Seal; and

107e.a National Anthem.

1082. Until such time as other provision is made in accordance with Subsection (1), the National Flag, National Emblem and National Seal are those that were in use immediately before Independence Day.

1094. NATIONAL CAPITAL DISTRICT

1101. There shall be a National Capital District.

1112. The Seat of Government shall be in the National Capital District.

1123. The boundaries of the National Capital District shall be as defined by an Organic Law.

1134. An Organic Law or an Act of the Parliament shall make provision in respect of the government of the National Capital District.

1145. In calculating the number of provincial electorates in accordance with Section 125 (electorates), the National Capital District shall be taken into account as if it were a province.

1155. PROVINCES

1161. An Organic Law may declare, or make provision in respect of the declaration of, part of the country as provinces.

1172. An Organic Law may provide for, or make provision in respect of, the creation of new provinces by the amalgamation or division of existing provinces or for the variation of the boundaries of a province.

1186. DECLARATION OF LOYALTY

119Where a law requires a Declaration of Loyalty to be made, it shall be made in the following form:

120"I...realizing fully the responsibilities to which I am committing myself and the consequences of not living up to this Declaration and those responsibilities, freely and willingly declare my loyalty to the Independent State of Papua New Guinea and its People and to the Constitution of Papua New Guinea adopted by the Constituent Assembly on 15 August 1975, as altered from time to time in accordance with its provisions, and promise that I will uphold the Constitution and the laws of Papua New Guinea."

1217. OATH OF ALLEGIANCE

122Where a law requires an Oath of Allegiance or Affirmation of Allegiance to be made, it shall be made in the following form:

123"Oath of Allegiance.

124I‚ ... do swear that I will well and truly serve and bear true allegiance to Her Majesty Queen Elizabeth II. Her heirs and successors according to law.

125SO HELP ME GOD!

126Affirmation of Allegiance.

127I, ... do promise and affirm that I will well and truly serve Her Majesty Queen Elizabeth II. Her heirs and successors according to law."

128DIVISION 2. INTERPRETATION

1298. PRINCIPLES OF INTERPRETATION

130For the purpose of the interpretation of this Constitution and the Organic Laws, the provisions of Schedule 1 (Rules for Shortening and Interpretation of the Constitutional Laws) applies and, subject to that Schedule, the underlying law applies.

131PART II. THE NATIONAL LEGAL SYSTEM

132DIVISION 1. THE LAWS OF PAPUA NEW GUINEA

1339. THE LAWS

134The laws of Papua New Guinea consist of-

135a.this Constitution; and

136b.the Organic Laws; and

137c.the Acts of the Parliament; and

138d.Emergency Regulations; and

139da.the provincial laws; and

140e.laws made under or adopted by or under this Constitution or any of those laws, including subordinate legislative enactments made under this Constitution or any of those laws; and

141f.the underlying law,

142and none other.

14310. CONSTRUCTION OF WRITTEN LAWS

144All written laws (other than this Constitution) shall be read and construed subject to-

145a.in any casethis Constitution; and

146b.in the case of Acts of the Parliamentany relevant Organic Laws; and

147c.in the case of adopted laws or subordinate legislative enactmentsthe Organic Laws and the laws by or under which they were enacted or made,

148and so as not to exceed the authority to make them properly given, to the intent that where any such law would, but for this section, have been in excess of the authority so given it shall nevertheless be a valid law to the extent to which it is not in excess of that authority.

149DIVISION 2. CONSTITUTIONAL LAWS

150SUBDIVISION A. SUPREME LAW

15111. CONSTITUTION, ETC., AS SUPREME LAW

1521. This Constitution and the Organic Laws are the Supreme Law of Papua New Guinea, and, subject to Section 10 (construction of written laws) all acts (whether legislative, executive or judicial) that are inconsistent with them are, to the extent of the inconsistency, invalid and ineffective.

1532. The provisions of this Constitution and of the Organic Laws are self-executing to the fullest extent that their respective natures and subject-matters permit.

15412. ORGANIC LAWS

1551. For the purposes of this Constitution, an Organic Law is a law made by the Parliament that is-

156a.for or in respect of a matter provision for which by way of an Organic Law is expressly authorized by this Constitution; and

157b.not inconsistent with this Constitution; and

158c.expressed to be an Organic Law.

1592. An Organic Law may be altered only by another Organic Law, or by an alteration to this Constitution.

1603. Nothing in this section prevents an Organic Law from-

161a.making any provision that might be made by an Act of the Parliament; or

162b.requiring any provision to be made by an Act of the Parliament that might otherwise be so made,

163but any such provision may be altered by the same majority that is required for any other Act of the Parliament.

164SUBDIVISION B. CONSTITUTIONAL ALTERATION AND ORGANIC LAWS

16513. ALTERATIONS OF THE CONSTITUTION

166This Constitution may be altered only by law made by the Parliament that-

167a.is expressed to be a law to alter this Constitution; and

168b.is made and certified in accordance with Section 14 (making of alterations to the Constitution and Organic Laws).

16914. MAKING OF ALTERATIONS TO THE CONSTITUTION AND ORGANIC LAWS

1701. Subject to Sections 12(3) (Organic Laws) and 15 (urgent alterations), a proposed law to alter this Constitution, or a proposed Organic Law, must be supported on a division in accordance with the Standing Orders of the Parliament by the prescribed majority of votes determined in accordance with Section 17 ("prescribed majority of votes") expressed on at least two occasions after opportunity for debate on the merits.

1712. Subject to Section 15 (urgent alterations), the opportunities for debate referred to in Subsection (1) must have been-

172a.during different meetings of the Parliament; and

173b.separated in time by at least two months,

174and the proposed law must be published by the Speaker in full in the National Gazette, and circulated, in accordance with the Standing Orders of the Parliament, to all members of the Parliament not less than one month before it is formally introduced into the Parliament.

1753. Amendments to a proposed law to amend this Constitution or a proposed Organic Law shall not be moved unless they have been circulated to members of the Parliament before the end of the meeting of the Parliament at which the first opportunity for debate referred to in Subsection (1) occurs.

1764. Subject to Subsection (6), in his certificate given under Section 110 (certification as to making of laws), the Speaker must certify that the requirements of Subsections (1), (2) and (3) or Section 15 (urgent alterations), as the case may be, have been complied with.

1775. The certificate referred to in Subsection (4) shall state-

178a.the date on which each vote was taken; and

179b.in relation to each vote-

180i.the number of seats in the Parliament at the time; and

181ii.the respective numbers of members of the Parliament voting for and against the proposal, and where the requirements of Subsection (2) were waived under Section 15 (urgent alterations) for and against the motion for the waiver,

182and is, in the absence of proof to the contrary, conclusive evidence of the matter so stated.

1836. Unless the Parliament decides otherwise in any particular case, Subsection (1) does not apply where the Speaker, after consultation with the Chief Justice or a Judge nominated by the Chief Justice for the purpose, certifies that the proposed law-

184a.does not affect the substance of any provision to be altered by it; or

185b.is designed to correct a self-evident error or omission; or

186c.is merely incidental to or consequential on some other alteration of this Constitution or of any other law,

187and such a law may be made in the same way as Acts of the Parliament.

1887. The Supreme Court may, on the application of any person made within four weeks after the date of a certificate under Subsection (6) or such further time as a Judge, on application made within that period, considers reasonable in the particular circumstances, disallow the certificate, but otherwise the certificate is conclusive.

18915. URGENT ALTERATIONS

1901. The provisions of this section cease to have effect at the first moment of the fourth anniversary of Independence Day.

1912. Subject to Subsection (5), the requirements of Section 14(2) (making of alterations to the Constitution and Organic Laws) may be waived, on the ground of urgency, by the Parliament by a division in accordance with the Standing Orders of the Parliament by a two-thirds absolute majority vote.

1923. The requirements of Section 14(2) (making of alterations to the Constitution and Organic Laws) shall not be waived under Subsection (2) unless-

193a.at least four days notice of the intention in accordance with the Standing Orders of the Parliament to invoke Subsection (2) has been given; and

194b.the proposed law has been circulated, in accordance with the Standing Orders of the Parliament, to all members of the Parliament and published in full by the Speaker in the National Gazette at least four days before the motion to invoke Subsection (2) is moved; and

195c.the opportunities for debate referred to in Section 14(1) (making of alterations to the Constitution and Organic Laws) have been separated in time by at least two weeks, but not necessarily during different meetings of the Parliament.

1964. Amendments to a proposed law to amend this Constitution or a proposed Organic Law to which this section applies shall not be moved unless they have been circulated to members of the Parliament before the end of the first debate on the matter.

1975. This section does not apply to proposed laws to alter the following provisions of this Constitution, or Organic Laws made for the purposes of any such provision:-

198a.this section;

199b.the Preamble;

200c.Division II.2. (Constitutional Laws);

Jump to Passage Number
Keyboard Shortcuts

Keyboard shortcuts

J Go to Next passage
K Go to Previous passage
P Jump to a passage
? Display keyboard shortcuts
Q Display Table of Contents
ESC Close Annotation / Discussion Sidebar

Add an annotation

  • http://www.youtube.com/watch?v=
  • Image must be under 2MB and have extension .jpg, .jpeg, .png, or .gif. Remove image
  • Theoretical/Philosophical
  • Historical Commentary
  • Constitutional Interpretation
  • Current Events
  • International Perspectives
  • Other
  • separation of powers
  • rules
  • Rufus King
  • slave
  • slave labor
  • slavery
  • slave trade
  • Revolution
  • republicanism
  • presidency
  • Oliver Ellsworth
  • record
  • records
  • republican
  • representation
  • slaves
  • states
  • William Jackson
  • Western Territory
  • Virginia Plan
  • taxes
  • taxation
  • three-fifths clause
  • twenty-year compromise
  • vice president
  • U.S. Supreme Court
  • North Carolina
  • new states
  • delegates
  • Delaware
  • contract clause
  • Dred Scott
  • due process
  • Elbridge Gerry
  • economics
  • Congress
  • confederation
  • Antifederalist
  • anti-slavery
  • Articles of Confederation
  • Bill of Rights
  • confederacy
  • compromise
  • electoral college
  • failures
  • Luther Martin
  • legislature
  • judicial branch
  • Magna Carta
  • morality
  • New Jersey Plan
  • navigation acts
  • journal
  • John Dickinson
  • Federalist
  • federalism
  • General Pinckney
  • George Washington
  • James Madison
  • international trade
  • 3/5 clause
Add a Reference