Establishing a Liberal Political Order Through a Constitution

The Papua New Guinea Experience

Bibliographic Data

ID3885255
AuthorsYash Ghai (corresponding author)
Year1997
Volume28
Issue2
Pages303-330
Publication date1997-04-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueDevelopment and Change (JOURNAL)
Journal identifiersISSN: 0012-155X • E-ISSN: 1467-7660
PublisherWiley (PUBLISHER • GB)
DOI10.1111/1467-7660.00044
OpenAlexW2089072908
LanguageEN
Citations received7

The experience with the independent constitution of Papua New Guinea is examined in this article to argue that, while constitutions are able to set up institutions and define their jurisdiction, they are less effective in establishing values and norms. Constitutions establish broad frameworks for politics but are rarely successful in determining the dynamics of politics or the conduct of parties, which depend principally on social and economic circumstances. The parliamentary system in PNG has been influenced more by traditional notions of clan leadership and reciprocity than by any Westminster convention. In PNG, the courts and other institutions for discipline and control of administration have been more effective than in many other developing countries, principally due to the weakness of the state-political system. Nevertheless, there remains considerable tension between the Rule of Law and democracy as it has developed in PNG

Clan · Constitution · Convention · Democracy · Jurisdiction · Law and economics · New guinea · Political science · Politics · Reciprocity (cultural anthropology) · Social science · Sociology · Asian Studies and History · Climate Change, Adaptation, Migration · Island Studies and Pacific Affairs · Law · Public Administration

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