Palau · Overview
The legal system of Palau
The most American in form of the Pacific systems: a directly elected President, a bicameral Congress, and a Supreme Court exercising judicial review on the US model, with statutes and procedure drafted in a recognisably American idiom. Custom retains real force, however — clan and lineage structures govern most land, and the Constitution requires that traditional leaders be consulted. Palau's constitution is also the origin of the world's first nuclear-free constitutional clause, which required a 75% referendum majority to override and delayed the Compact of Free Association until 1994. The Palau National Marine Sanctuary closes 80% of the exclusive economic zone to commercial fishing.
Legal tradition
Palau belongs to the mixed common law with customary law tradition. The most American in form of the Pacific systems: a directly elected President, a bicameral Congress, and a Supreme Court exercising judicial review on the US model, with statutes and procedure drafted in a recognisably American idiom. Custom retains real force, however — clan and lineage structures govern most land, and the Constitution requires that traditional leaders be consulted. Palau's constitution is also the origin of the world's first nuclear-free constitutional clause, which required a 75% referendum majority to override and delayed the Compact of Free Association until 1994. The Palau National Marine Sanctuary closes 80% of the exclusive economic zone to commercial fishing.
How power is divided
A republic of sixteen states, each with its own constitution, governor and legislature, over a small population — Palau has more layers of government per head than almost anywhere. The national Council of Chiefs, made up of the paramount chief of each state, advises the President on custom and traditional law, and the two highest-ranking chiefly titles of Koror and Melekeok carry particular weight.
Where law comes from
- The Constitution
- Supreme law; Article IV rights, the nuclear-free clause, and citizen-only land ownership.
- Acts of the Olbiil Era Kelulau
- Bicameral national Congress: Senate and House of Delegates.
- State constitutions and ordinances
- Sixteen states legislate locally, particularly on land use.
- Customary law
- Clan and lineage rules govern most land and title; recognised by the Constitution and applied by the courts.
- Compact of Free Association
- In force since 1994; defence, assistance and visa-free migration to the United States.
The legal profession
Admission is to the Supreme Court under rules that recognise United States bar qualifications, and a substantial part of the bar and bench trained in the US. Palau also licenses trial assistants to appear in the Court of Common Pleas and the Land Court, which is how much routine representation is provided. Land Court practice is a specialism in itself, given the layers of Spanish, German, Japanese and Trust Territory administration that Palauan title claims have to be traced through.
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