Rethinking Judicial Power in Papua New Guinea: A Mandate for Activism in a Transformative Constitution - Hardcover

Kama, Bal

Hardcover

ISBN 10: 9819729459 ISBN 13: 9789819729456

Publisher: Springer, 2024

Synopsis

This book examines the role and nature of the judiciary in Papua New Guinea (PNG), the first comprehensive study since the country's independence in 1975. It challenges the traditional view of the judiciary as solely a legal entity, arguing for its broader social and political functions. Critiquing assumptions inherited from British and Australian colonial thinking, it discusses how decolonisation has redefined judicial power, enabling courts to have a more transformative role. Introducing transformative constitutionalism into Australian-Pacific legal thinking, the book argues that PNG has a transformative constitution defined by its intent for reform, extensive Charter of Rights, and a liberal judiciary―features not found in other Pacific constitutions. Given the region's challenges such as corruption, political instability, and climate change, the book advocates for a more proactive role for the judiciary. It proposes a re-evaluation of the classical tripartite doctrine of separation of powers, advocating for a quadripartite model in PNG where the judiciary has a broader reformative function and the independent constitutional institutions constitute a fourth arm of government. This work makes important contributions to understandings of judicial power and constitutional law as well as other fields including comparative constitutional studies, legal history and decolonial scholarship.

 

About this title

About the Author

Dr. Bal Kama is a Special Counsel in legal practice and serves as an Adjunct Assistant Professor at the Faculty of Business, Government, and Law, University of Canberra. He holds a PhD in law and undergraduate degrees in law, political science, and international relations. He has combined research and practice interests in legal systems, the rule of law, and political institutions in the Pacific and regularly provides advice to international organizations and government agencies.

 

From the Back Cover

This book examines the role and nature of the judiciary in Papua New Guinea (PNG), the first comprehensive study since the country's independence in 1975. It challenges the traditional view of the judiciary as solely a legal entity, arguing for its broader social and political functions. Critiquing assumptions inherited from British and Australian colonial thinking, it discusses how decolonisation has redefined judicial power, enabling courts to have a more transformative role. Introducing transformative constitutionalism into Australian-Pacific legal thinking, the book argues that PNG has a transformative constitution defined by its intent for reform, extensive Charter of Rights, and a liberal judiciary―features not found in other Pacific constitutions. Given the region's challenges such as corruption, political instability, and climate change, the book advocates for a more proactive role for the judiciary. It proposes a re-evaluation of the classical tripartite doctrine of separation of powers, advocating for a quadripartite model in PNG where the judiciary has a broader reformative function and the independent constitutional institutions constitute a fourth arm of government. This work makes important contributions to understandings of judicial power and constitutional law as well as other fields including comparative constitutional studies, legal history and decolonial scholarship.

Edition details

• Publisher: Springer
• Publication date: 2024
• Language: English
• ISBN 10: 9819729459
• ISBN 13: 9789819729456
• Binding: Hardcover
• Number of pages: 227