Samoa · Constitution
Constitution of the Independent State of Samoa
In force from 1 January 1962. Part II contains fundamental rights enforceable in the Supreme Court under Article 4. Article 102 prohibits the alienation of customary land, allowing only leases and licences authorised by statute. Samoa became a republic in stages: the O le Ao o le Malo is now elected by Parliament. The controversial 2020 Land and Titles Court Act package restructured that court and was the trigger for the 2021 constitutional crisis, resolved by the Court of Appeal confirming the election result.
The constitutional text
In force from 1 January 1962. Part II contains fundamental rights enforceable in the Supreme Court under Article 4. Article 102 prohibits the alienation of customary land, allowing only leases and licences authorised by statute. Samoa became a republic in stages: the O le Ao o le Malo is now elected by Parliament. The controversial 2020 Land and Titles Court Act package restructured that court and was the trigger for the 2021 constitutional crisis, resolved by the Court of Appeal confirming the election result.
Separation of powers
Unitary. Parliament legislates for the whole country. Below it, about 250 villages govern themselves through the village fono (council of matai) under the Village Fono Act 1990, which gives customary village authority statutory recognition — a genuine layer of local government rather than a delegation of central power.
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