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This book introduces the basics of law in Papua New Guinea, and it targets upper secondary legal studies teachers and students. Everyone in this country, including the educated, other than lawyers needs to know and understand our own laws. The National Education Departments motto is Prosperity through self-reliance; thus, this project is one out of many the department is yet to accomplish. No recommended text was available at the time when the new course, legal studies, was introduced in 2010 to be taught as an examinable subject. Newly elevated secondary schools in the country are facing reference material problem. The problem of rare stock of resource material is truly a considerable physical and psychological stress suffered by most teachers in the country. This book was written exactly in line with Upper Secondary Legal Studies syllabus as a text material to be used across the nation in all secondary schools in which Legal Studies course is offered. The subject itself is fundamentally interesting. I enjoyed teaching law for the last six years. I gained the insights of basic introductory law while in the process of teaching and writing this book. Hope you enjoy reading this book, Introduction to Our Laws and gain the insights of law.
Papua New Guinea’s two most powerful legal orders — customary law and state law —undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more importantly, undermining the ability of both legal orders to deter wrongdoing.
Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
The Constitution of Papua New Guinea is both a document in legal theory -- stating the goals and basic premises of the society -- and a set of laws: the fundamental laws of the nation. It is a 'home grown' political and legal roadmap for the nation's development, underpinned by ideas of national self-respect, democracy and equality. This book contains the text of the Constitution of Papua New Guinea, annotated with the authors' comments and references to relevant reports and judgments. It is an essential reference book not only for lawyers, law students and judges but also for Members of Parliament and members of the State Services who, in the performance of their duties to the people, must be guided by the laws of the country.
Providing a description of the role and functions of the Constitution especially the National Goals and Directive Principles, this book contains detailed treatment of the various categories of the laws prescribed by the Constitution. In addition, the main institutions of the state are identified and discussed.