|Institution:||Victoria University of Wellington|
|Keywords:||Constitutional law; Preamble; Implementing constitutional goals of Papua New Guinea|
|Full text PDF:||http://hdl.handle.net/10063/5030|
The thesis identifies an issue in Papua New Guinea’s Constitution with regard to the non-implementation of its National Goals and Directive Principles (NGDP) and Basic Social Obligations (BSO). Situated in the Preamble to the Constitution, the NGDP and BSO provide a guide for the future development of Papua New Guinea. Upon a careful study of ss 25 and 63 of the Constitution, which enjoins governmental bodies in Papua New Guinea to implement the NGDP and BSO, the thesis argues they are indirectly justiciable. Characterising the NGDP and BSO as indirectly justiciable would facilitate their implementation within the present constitutional framework by considering the functions of each of the limbs of government and the Ombudsman Commission as interconnected. Using indirect justiciability and the interconnectedness approach, the thesis outlines several proposals for the legislature, the executive, the judiciary and the Ombudsman Commission. The thesis contends these proposals can facilitate the effective and efficient implementation of the NGDP and BSO. Advisors/Committee Members: Colon-Rios, Joel, Angelo, Tony.