Questions and Answers
What does PNGLR 80 S155 (4) specify about extinguished rights?
Once a right is extinguished, it cannot be recreated.
How can the Mauga Logging case affect judicial direction in PNG?
The court can change direction from past decisions and make deliberate changes to the law.
In Dent v Kavali, what role does S155 (4) play?
The court can use S155 (4) to make declarations.
What principle is established in PNG v Sisia regarding the Constitution?
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What inherent power was recognized in Spichiger v Spichiger?
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What does the case ANZ Banking Group v Wari suggest about property sales?
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How does case law impact the principles of natural justice in PNG?
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What significance does judicial authority have in PNG's administrative law?
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How can judicial discretion impact constitutional interpretations in PNG?
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How does PNG's case law reflect evolving interpretations of justice?
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What does the phrase 'tabula in naufragio' imply in the context of law?
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How does Section 59 (1) of the Constitution of Papua New Guinea relate to the principles of natural justice?
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What is the minimum requirement of natural justice according to Section 59 (2) of the Constitution?
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In what situations is the judicial authority limited by contextual interpretations in Papua New Guinea?
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What does the concept of 'suspending' a law mean in relation to judicial actions?
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Why are established equitable principles significant in the application of constitutional provisions in PNG?
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Can you give an example of a scenario where the principle of natural justice was successfully invoked in Papua New Guinea?
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What role do the principles of natural justice play in administrative law within Papua New Guinea?
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What is the significance of Section 158(2) of the PNG constitution in relation to the application of law?
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How does Section 41 of the PNG constitution empower courts regarding lawful acts that may produce harsh results?
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What role do Sections 59 and 60 of the PNG constitution play in the judicial process?
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In what case was the coexistence of common law and custom highlighted according to the provided content?
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What is the primary condition under which equity may be adopted according to the Underlying Law Act, 2000?
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According to the content, what is a key prerequisite for a court to raise the question of custom during legal proceedings?
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How does the PNG constitution ensure courts have the power to make orders necessary for justice?
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What does the general rule regarding legislative power imply for judicial authority in PNG?
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What is the stance of the content on the application of common law when it aligns with customary law?
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What is the primary concern when customary law and equity are in conflict according to PNG law?
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What role does the principle of natural justice play in the context of public sector institutions in Papua New Guinea?
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How does the case of Gegeyo v Minister for Lands illustrate the application of natural justice in administrative decisions?
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Explain the significance of Section 155 (4) regarding the courts' inherent power to do justice in Papua New Guinea.
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What must a Minister provide before changing the use of Public Reserve Land, as established in Re Application of NCDIC?
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Why is the wording of Section 155 (4) debated concerning the actual cases it addresses in Papua New Guinea?
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What is the significance of Section 158(2) of the PNG Constitution in legal proceedings?
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How does the case of Wine v Giglmai relate to the principles of natural justice?
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Discuss the implications of Section 155(4) for courts in PNG.
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In what way does Section 41 of the PNG Constitution affect lawful acts?
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Explain how decentralization is addressed in the context of underlying law in PNG.
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What role do the principles of natural justice play in administrative law in PNG?
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How do Sections 59 and 60 of the PNG Constitution contribute to legal interpretations?
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What is the overarching theme observed in the exceptions outlined in the PNG Constitution?
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Analyze the impact of legislative power on the interpretation of justice under the PNG Constitution.
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How does the concept of ‘underlying law’ affect the application of land regulations in PNG?
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Study Notes
Legal Concepts and Principles
- Repugnancy: Refers to inconsistency or incompatibility of ideas/statements, suspending rather than deleting the law's application.
- Tabula in naufragio: Latin term meaning "a plank in a shipwreck," metaphorically signifies a last resort in legal contexts, used when fundamental rights are at stake.
- Effective use of the suspension of law often relies on established equitable principles.
Papua New Guinea Constitution
- Section 59 (1): Establishes principles of natural justice as governing rules in judicial and administrative proceedings.
- Section 59 (2): Highlights the minimum requirement of natural justice, emphasizing fairness and the perception of fairness.
- Section 60: Mandates reasonable steps to ascertain a true market price in legal dealings.
Paramountcy of Justice
- Section 158 (2): Courts must prioritize justice in law interpretation.
- Section 41: Empowers courts to declare lawful acts as unlawful when results are harsh or oppressive.
- Sections 59 and 60: Emphasize developing natural justice principles as part of the underlying legal framework.
- Section 155 (4): Grants courts authority to make orders necessary to ensure justice in specific cases.
Equity and Customary Law
- Customary law and equity are used when underlying law is absent; common law applies in cases of overlap.
- Custom Recognition Act Ch 19 focuses on acknowledging customs during legal proceedings.
- Case law illustrates how equity allows courts to alter past rulings to align with current justice needs.
Case Law Examples
- Mauga Logging v South Pacific Oil Palm Development: Discussed the finality of rights extinguishment and potential shifts in legal interpretations.
- Dent v Kavali: Affirmed the courts' authority under Section 155 (4) to issue declarations.
- PNG v Sisia: Established the Constitution’s supremacy over statutes, mandating statutory interpretation aligned with constitutional principles.
Inherent Power of Courts
- Courts possess inherent authority to ensure justice, as established in cases like Spichiger v Spichiger and ANZ Banking Group v Wari, focusing on fairness in property transitions.
- Section 155 (4) of the Constitution is foundational in defining the scope of judicial actions necessary for justice delivery.
Natural Justice in Administrative Contexts
- Natural justice principles confront public sector abuses of power, necessitating transparency and fairness in administrative decision-making.
- Cases like Gegeyo v Minister for Lands clarify the accountability of ministers in land trust management and removal processes.
- Insights from Re Application of NCDIC highlight the importance of informing stakeholders about changes affecting land use.
Summary Insights
- Legislative power is the primary legal source in Papua New Guinea, but the Constitution allows for flexibility in ensuring justice.
- Paramountcy of justice underpins numerous constitutional sections, focusing on equitable outcomes and the safeguarding of fundamental rights.
- Courts not only interpret laws but actively engage in shaping a legal landscape that caters to the unique needs of Papua New Guinea.
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Description
Explore key legal principles such as repugnancy and the significance of natural justice as outlined in the Papua New Guinea Constitution. This quiz delves into sections that emphasize fairness and the paramountcy of justice within legal frameworks. Test your understanding of these foundational legal concepts in the context of Papua New Guinea law.