Rights
1980 Constitution keeping both English and French law in force
The atlas's clearest mixed jurisdiction. The Anglo-French condominium left both English common law and French civil law in force at independence in 1980, and the Constitution keeps both until replaced by Parliament.
Key rules
- Jurisdiction — A unitary republic with six provinces. Three official languages — Bislama, English and French — and legislation may be enacted in more than one, which affects interpretation.
Governing law
- Constitution of the Republic of Vanuatu 1980, ch. 2
- Constitution 1980 (art. 95(2) (continuing British and French law))
- Constitution 1980 (arts. 73–75 (land to custom owners))
- Constitution 1980 (art. 30 (Malvatumauri))
In practice
Article 95(2) continues both British and French law in force so far as not incompatible with independence or expressly revoked, which means a Vanuatu court may be asked to apply a French civil-law rule and an English common-law rule in adjoining fields. Custom is also a source of law, and the Malvatumauri National Council of Chiefs has a constitutional role on questions of custom and tradition, though it is advisory rather than legislative. Articles 73 to 75 did something no other jurisdiction in the region did so completely: all land reverted to its indigenous custom owners at independence, extinguishing colonial freehold outright. The rights chapter is justiciable in the Supreme Court.