Legal Concepts in Papua New Guinea Constitution

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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?

The Constitution is a superior law to statutes and laws must be read in relation to the Constitution. Signup and view all the answers

What inherent power was recognized in Spichiger v Spichiger?

The National Court can order the sale of joint property to achieve justice. Signup and view all the answers

What does the case ANZ Banking Group v Wari suggest about property sales?

When selling property, one must adhere to principles like good faith and clean hands. Signup and view all the answers

How does case law impact the principles of natural justice in PNG?

Case law serves as precedent, shaping the application of natural justice in future cases. Signup and view all the answers

What significance does judicial authority have in PNG's administrative law?

Judicial authority ensures that administrative decisions adhere to legal standards and principles. Signup and view all the answers

How can judicial discretion impact constitutional interpretations in PNG?

Judicial discretion allows courts to adapt constitutional principles to meet contemporary issues. Signup and view all the answers

How does PNG's case law reflect evolving interpretations of justice?

Case law illustrates how judicial decisions can reshape definitions and applications of justice over time. Signup and view all the answers

What does the phrase 'tabula in naufragio' imply in the context of law?

It implies a legal provision that can be utilized when all other options have failed, aimed at preventing injustice. Signup and view all the answers

How does Section 59 (1) of the Constitution of Papua New Guinea relate to the principles of natural justice?

It establishes that the rules of natural justice are recognized as part of the underlying law governing judicial and administrative proceedings. Signup and view all the answers

What is the minimum requirement of natural justice according to Section 59 (2) of the Constitution?

The minimum requirement is the duty to act fairly and the obligation to be perceived as acting fairly. Signup and view all the answers

In what situations is the judicial authority limited by contextual interpretations in Papua New Guinea?

Judicial authority is limited in cases where fundamental rights are at risk, requiring careful contextual interpretation. Signup and view all the answers

What does the concept of 'suspending' a law mean in relation to judicial actions?

It means the law is temporarily not applied in a specific case, rather than being completely invalidated. Signup and view all the answers

Why are established equitable principles significant in the application of constitutional provisions in PNG?

They are crucial as they guide the successful application of constitutional provisions when fundamental rights are in jeopardy. Signup and view all the answers

Can you give an example of a scenario where the principle of natural justice was successfully invoked in Papua New Guinea?

An example would be a case where an individual was denied a fair hearing, and the court suspended the applicable law to ensure fairness. Signup and view all the answers

What role do the principles of natural justice play in administrative law within Papua New Guinea?

They ensure that administrative decisions are made fairly and transparently, respecting the rights of individuals. Signup and view all the answers

What is the significance of Section 158(2) of the PNG constitution in relation to the application of law?

It emphasizes the paramountcy of justice, guiding courts to ensure fairness in legal proceedings. Signup and view all the answers

How does Section 41 of the PNG constitution empower courts regarding lawful acts that may produce harsh results?

It allows courts to declare lawful acts unlawful if their consequences are found to be harsh or oppressive. Signup and view all the answers

What role do Sections 59 and 60 of the PNG constitution play in the judicial process?

They require courts to focus on developing principles of natural justice within the underlying law. Signup and view all the answers

In what case was the coexistence of common law and custom highlighted according to the provided content?

The case of Magiten v Beggie illustrates the relationship between customary law and common law. Signup and view all the answers

What is the primary condition under which equity may be adopted according to the Underlying Law Act, 2000?

Equity may be adopted only when there is no existing underlying law governing the issue. Signup and view all the answers

According to the content, what is a key prerequisite for a court to raise the question of custom during legal proceedings?

The question of custom must be raised in the pleading stage. Signup and view all the answers

How does the PNG constitution ensure courts have the power to make orders necessary for justice?

Section 155(4) grants courts the authority to issue orders essential for achieving justice in specific cases. Signup and view all the answers

What does the general rule regarding legislative power imply for judicial authority in PNG?

Legislation remains the chief source of law, indicating the judiciary must uphold legislative intent. Signup and view all the answers

What is the stance of the content on the application of common law when it aligns with customary law?

Common law can be applied when it is consistent with customary law. Signup and view all the answers

What is the primary concern when customary law and equity are in conflict according to PNG law?

The conflict raises questions of how to recognize and balance customs within the legal framework. Signup and view all the answers

What role does the principle of natural justice play in the context of public sector institutions in Papua New Guinea?

The principle of natural justice is used to confront abuses of power within public sector institutions, ensuring fairness and transparency in administrative actions. Signup and view all the answers

How does the case of Gegeyo v Minister for Lands illustrate the application of natural justice in administrative decisions?

In Gegeyo v Minister for Lands, the court emphasized that the Minister must provide reasons and notice when removing individuals from land trusts, showcasing the necessity of fair procedural rights. Signup and view all the answers

Explain the significance of Section 155 (4) regarding the courts' inherent power to do justice in Papua New Guinea.

Section 155 (4) grants both the Supreme Court and the National Court the inherent power to issue orders necessary to achieve justice, particularly in reviewing administrative decisions. Signup and view all the answers

What must a Minister provide before changing the use of Public Reserve Land, as established in Re Application of NCDIC?

A Minister must inform the affected board of trustees why the change is occurring before dismissing them from their roles. Signup and view all the answers

Why is the wording of Section 155 (4) debated concerning the actual cases it addresses in Papua New Guinea?

The wording of Section 155 (4) is debated because it reflects the boundaries and scope of the courts' inherent powers to review and intervene in administrative decisions. Signup and view all the answers

What is the significance of Section 158(2) of the PNG Constitution in legal proceedings?

It mandates that courts prioritize the dispensation of justice when interpreting the law. Signup and view all the answers

How does the case of Wine v Giglmai relate to the principles of natural justice?

It illustrates how the application of law must consider underlying principles of equity and justice, even when formal permissions are lacking. Signup and view all the answers

Discuss the implications of Section 155(4) for courts in PNG.

It empowers courts to make necessary orders to ensure justice is achieved in individual cases. Signup and view all the answers

In what way does Section 41 of the PNG Constitution affect lawful acts?

It allows courts to declare lawful acts unlawful if their consequences are deemed harsh or oppressive. Signup and view all the answers

Explain how decentralization is addressed in the context of underlying law in PNG.

Underlying law promotes decentralization by allowing local application of legal principles, although Land Law remains centralized. Signup and view all the answers

What role do the principles of natural justice play in administrative law in PNG?

They ensure that decisions are fair and just, protecting individuals from arbitrary or oppressive administrative actions. Signup and view all the answers

How do Sections 59 and 60 of the PNG Constitution contribute to legal interpretations?

They require courts to develop principles of natural justice as part of the underlying law. Signup and view all the answers

What is the overarching theme observed in the exceptions outlined in the PNG Constitution?

The theme is the paramountcy of justice, ensuring that legal enforcement aligns with equitable outcomes. Signup and view all the answers

Analyze the impact of legislative power on the interpretation of justice under the PNG Constitution.

While legislation holds significant power, the Constitution's provisions compel courts to evaluate justice in their interpretations. Signup and view all the answers

How does the concept of ‘underlying law’ affect the application of land regulations in PNG?

It ensures that land regulations consider local customs and principles of equity, while still operating under centralized laws. Signup and view all the answers

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.