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A collection of papers presented at a conference held in Papua New Guinea in March 1996, examining the operation of the PNG constitution in its first 20 years of operation.
Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.
This is a compendium of administrative law and judicial review in Papua New Guinea. In this book the author precisely recounts the history of the development of administrative law and judicial review in England and some other common law jurisdictions. The main theme of the book is, however, devoted to judicial review in Papua New Guinea. The practice and procedure for appealing from the decision of the National Court in judicial review are unique and onerous. This book evaluates them in detail to give the readers a complete sense of reference. The interlocutory procedures encapsulated in this book are also relevant for any proceeding before the courts. At the end of various chapters, the author makes some insightful and thought-provoking commentaries on gaps found in judicial review. The book is an authoritative text for lawyers, law students, academia, judicial officers and other interested persons alike. It is a must read for lawyers and law students who seek to be familiar with the often cumbersome judicial review procedures and practices. For students and scholars in other disciplines who aim to learn and abreast themselves of how administrative law affects administrative action and public policy, this book is a perfect choice. The book dissects complex administrative law concepts and enables lay persons, including those in the public service, to fully understand and apply them. The book is a valuable resource material for the Pacific Island countries like Fiji, Vanuatu and Solomon Islands, who have adopted the common law legal systems similar to Papua New Guinea. BOOK REVIEWS “The author collates, culls and compiles one important material for use by judicial officers and practitioners in the area of judicial review.” – Leslie Mamu, LL.B, Acting Public Solicitor, Papua New Guinea, 18 February 2018, Port Moresby, PNG “This welcome new book by Christopher Karaiye is essential reading for all lawyers practising in the busy area of Judicial Review in PNG and also students of the topic. It is a well-researched and presented work and will be a worthy addition to my administrative law library.” – Terry Lambert, LL.B, LL.M, Barrister (Queensland, Australia), Lawyer (PNG), Solicitor (England & Wales), 7 June 2018, Brisbane, Australia “The book “Administrative Law and Judicial Review in Papua New Guinea” is a must read for lawyers and public alike involved in the judicial review of administrative decisions. The book contains a comprehensive guide to an increasingly important yet quite complex area of law. The author draws from his own experience and research to make this important contribution to the development of Papua New Guinea’s expanding judicial review jurisprudence. This work is essential reading to understand the nuances involved in this area of law.” – Dr Vergil Narokobi, LL.B, LL.M, Ph.D, Counsel for the Papua New Guinea Ombudsman Commission & President of Papua New Guinea Law Society, 25 June 2018, Port Moresby, PNG “This work is of very high quality and would be a very valuable tool for judges, magistrates, lawyers, the academia, and people in decision-making positions in the public and the private sectors. I recommend the book to them. I am impressed with your comprehensive use of local case precedents and in-depth knowledge of the topics.” – Honourable Sir Gibbs Salika, KBE CSM OBE, Deputy Chief Justice of Papua New Guinea (as he then was), 4 July 2018, Port Moresby, PNG “An extensive, thought-provoking and easy to read compendium that makes accessible the law of Papua New Guinea on the topic of judicial review in its many guises.” – Emeritus Professor Tony Angelo (Victoria University of Wellington), QC, 7 October 2018, Wellington, New Zealand
When it came in September 1975, Papua New Guinea's independence was marked by both anxiety and elation. In the euphoric aftermath, decolonisation was declared a triumph and immediate events seemed to justify that confidence. By the 1990s, however, events had taken a turn for the worse and there were doubts about the capacity of the State to function. Before independence, Papua New Guinea was an Australian Territory. Responsibility lay with a minister in Canberra and services were provided by Commonwealth agencies. In 1973, Prime Minister Gough Whitlam declared that independence should be achieved within two years. While Australians were united in their desire to decolonise, many Papua New Guineans were nervous of independence. This superlative history presents the full story of the 'trial separation' of Australia and Papua New Guinea, concluding that -- given the intertwined history, geography and economies of the two neighbours -- the decolonisation project of 'independence' is still a work in progress.
This book is a comprehensive review and analysis of the reserve powers and their exercise by heads of state in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, those of her vice-regal representatives, and those of heads of state in the less studied realms and former colonies that are now republics. Drawing on a vast range of previously unpublished archival and primary material, The Veiled Sceptre contains fresh perspectives on old controversies. It also reveals constitutional crises in small countries, which have escaped the notice of most scholars. This book places the exercises of reserve powers within the context of constitutional principle and analyses how heads of state should act when constitutional principles conflict. Providing an unrivalled contemporary analysis of reserve powers, it will appeal to constitutional scholars worldwide and others involved in the administration of systems of responsible government.
An examination of how the constitutional frameworks for autonomies around the world really work.
In a previous volume, State and Society in Papua New Guinea: The First Twenty-Five Years (2001, reprinted by ANU E Press in 2004), a collection of papers by the author published between 1971 and 2001 was put together to mark Papua New Guinea’s first 25 years as an independent state. This volume presents a collection of papers written between 2001 and 2021, which update the story of political and social development in Papua New Guinea in the first two decades of the twenty-first century. The chapters cover a range of topics, from an evaluation of proposals for political reform in the early 2000s, a review of the discussion of ‘failing states’ in the island Pacific and the shift to limited preferential voting in 2007, to a detailed account of political developments from the move against Sir Michael Somare in 2011 to the election of Prime Minister Marape and his performance to 2022. There are also chapters on language policy, external and internal security, religious fundamentalism and national identity, and the sustainability of economic growth.
This book describes the challenges this young nation state of Papua New Guinea faces in the twenty first century as it strives for economic development and an independent voice in regional and international affairs. These challenges also include the geopolitical context in which China is exerting a growing influence.