Tuvalu

Legal tradition

Tuvalu belongs to the common law with customary law tradition. English common law received through the Gilbert and Ellice Islands Colony and continued at independence in 1978, layered over Tuvaluan custom. It is one of the smallest legal systems in the world — a single High Court judge, no resident Court of Appeal, and a Parliament of 16 members with no political parties. Two things make it distinctive: the revised Constitution that took effect in 2023 asserts that Tuvalu's statehood is permanent regardless of the effects of sea-level rise, and the Falepili Union treaty with Australia creates a dedicated climate-mobility pathway found nowhere else in international practice.

How power is divided

Unitary with strong island-level authority. Each of the eight inhabited islands has a Falekaupule, the traditional assembly of elders, given statutory power by the Falekaupule Act 1997 to make bylaws and administer island funds. In practice the Falekaupule is the level of government most Tuvaluans deal with.

Where law comes from

The Constitution

Supreme law; expressly read in the light of Tuvaluan custom and values.

Acts of Parliament

Unicameral Parliament of 16 members elected without political parties.

Custom and tradition

Recognised by the Constitution and by the Falekaupule Act 1997; applied by Island Courts and Lands Courts.

Received English law

Pre-independence common law, equity and statutes of general application, subject to the Constitution and custom.

The legal profession

A very small fused profession: practitioners are admitted by the High Court under the Legal Practitioners Act, and many of the lawyers appearing are non-resident or seconded. The People's Lawyer's office is the principal source of representation for individuals, and because the Court of Appeal is non-resident, appellate work is scheduled around visiting judges rather than filed into a standing list.