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The Constitution declares the "underlying law" — that is, the separate common law of Papua New Guinea — to consist of the Constitution, "customary law" derived from the "custom" of the various peoples of Papua New Guinea, and the common law of England as it stood at the date of Papua New Guinea's independence on 16 September 1975.
Papua New Guinean nationality law is regulated by the 1975 Constitution of Papua New Guinea, as amended; the Citizenship Act 1975, and its revisions; and international agreements entered into by the Papua New Guinean government. [1] These laws determine who is, or is eligible to be, a national of Papua New Guinea.
The Australian criminal law, originally derived from the Queensland Criminal Code created during British colonization, was extended to Papua New Guinea. Despite the Australian states starting to decriminalize same-sex sexual activity in 1975, Papua New Guinea retained this provision due to gaining independence in the same year, resulting in the ...
The Constitution of Papua New Guinea entered into force on the 16 September 1975. It is one of the few unique constitutions around the world that contains almost all the rights and freedoms enshrined the United Nations Charter and the Universal Declaration of Human Rights 1948. The constitution contains many civil and political rights that are ...
Papua New Guinea has been a member of the Forum of Small States (FOSS) since the group's founding in 1992. [73] Papua New Guinea supported Indonesia's control of Western New Guinea, [74] the focus of the Papua conflict where numerous human rights violations have reportedly been committed by the Indonesian security forces. [75] [76] [77]
The independence of the Bench was tested in 1979 during the Rooney Affair (see Law of Papua New Guinea), whose outcome was the resignation of Sir William Prentice, the second (and expatriate) Chief Justice of Papua New Guinea together with three other expatriate judges. Sir Buri Kidu then became the first native-born Chief Justice (1980–1993).
Abortion in Papua New Guinea is only legal if the abortion will save the mother's life. [1] In Papua New Guinea, if an abortion is performed on a woman for any other reason, the violator is subject to fourteen years in prison. [1] A woman who performs a self-induced abortion may be imprisoned for seven years. [1]
PNG had two notable pieces of legislation concerning capital punishment. The Criminal Code Act 1974 and the Constitution of the Independent State of Papua New Guinea (Constitution) were at the front of the law. Imposing capital punishment for murder in PNG was prescribed in section 299(2) of the Criminal Code Act 1974 and was validated by the ...