The final court and the only court that may authoritatively interpret the Constitution. Section 18 gives it original and exclusive jurisdiction over constitutional interpretation, and section 19 lets designated authorities — including Parliament, the Head of State and provincial governments — seek an opinion that binds, which is unusual: most final courts refuse advisory work. It has used section 57 to order remedies for basic-rights breaches on its own initiative.
How the court is constituted
- Tier
- supreme
- Court type
- Court of final appeal and constitutional court
- Jurisdiction
- Final appeals from the National Court, exclusive jurisdiction under section 18 to interpret and apply constitutional laws, and an advisory jurisdiction under section 19.
- Seat
- Waigani, Port Moresby
- Established
- 1975
- Composition
- The Chief Justice, Deputy Chief Justice and judges of the National Court sitting as the Supreme Court, in benches of three or five.
- Appointment
- The Chief Justice is appointed by the Head of State on the advice of the National Executive Council; other judges by the Judicial and Legal Services Commission.
- Languages
- English, Tok Pisin
Where an appeal goes next
None. This is the final court.
Filing at this court
- Notice of appeal
- Within 40 days of the National Court judgment
- Section 18 reference
- May be referred by any court where a constitutional question arises
Decisions worth knowing
- Special Reference by the Ombudsman Commission (Manus)2016
Detention of asylum seekers at the Manus Island regional processing centre breached the constitutional right to personal liberty under section 42, and the arrangement was unconstitutional.
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