Papua New Guinea · Overview
The legal system of Papua New Guinea
A common-law system built on an autochthonous constitution — one adopted by Papua New Guinea's own Constituent Assembly in 1975 rather than granted by an imperial statute. Its most distinctive feature is that custom is a direct source of the underlying law: Schedule 2.1 of the Constitution adopts custom as part of the underlying law, and the Underlying Law Act 2000 directs courts to apply custom first and the common law only where custom does not cover the point. About 97% of land is customary and cannot be sold. Roughly 1,600 Village Courts apply custom to everyday disputes and handle far more matters than the formal courts.
Legal tradition
Papua New Guinea belongs to the common law with customary law tradition. A common-law system built on an autochthonous constitution — one adopted by Papua New Guinea's own Constituent Assembly in 1975 rather than granted by an imperial statute. Its most distinctive feature is that custom is a direct source of the underlying law: Schedule 2.1 of the Constitution adopts custom as part of the underlying law, and the Underlying Law Act 2000 directs courts to apply custom first and the common law only where custom does not cover the point. About 97% of land is customary and cannot be sold. Roughly 1,600 Village Courts apply custom to everyday disputes and handle far more matters than the formal courts.
How power is divided
Decentralised but not federal. Twenty-two provinces, including the National Capital District, have provincial governments with limited legislative power under the Organic Law on Provincial Governments and Local-level Governments 1995. The Autonomous Region of Bougainville has a distinct constitutional status: its 2019 non-binding referendum returned 97.7% for independence, and the Constitution was amended in 2024 to provide a ratification pathway.
Where law comes from
- The Constitution and Organic Laws
- Supreme law; Organic Laws sit above ordinary statute.
- Acts of the National Parliament
- Unicameral legislature of 118 members.
- Custom
- Adopted as part of the underlying law by Schedule 2.1 and applied first under the Underlying Law Act 2000.
- Common law and equity
- The pre-independence English common law, but only where custom does not apply and it suits PNG circumstances.
- Judicial precedent
- Supreme Court decisions bind all lower courts.
The legal profession
A fused profession under the Lawyers Act 1986: lawyers are admitted by the National Court and hold an unrestricted or restricted practising certificate issued by the Papua New Guinea Law Society. Most qualify through the University of Papua New Guinea law degree and the Legal Training Institute's practical course. The Law Society regulates admission and discipline, and the Public Solicitor is the main provider of representation for those who cannot pay.
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