Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is the highest court of appeal for certain British territories and Commonwealth countries. Established on 13 August 1833 to hear appeals heard by the King-in-Council, the Privy Council acted as the court of last resort for the entire British Empire, continues to act as the highest court of appeal for several independent Commonwealth nations, the Crown Dependencies, the British Overseas Territories. Formally a statutory committee of Her Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors: they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth, it is referred to as the Privy Council. In Commonwealth realms, appeals are nominally made to "Her Majesty in Council", who refers the case to the Judicial Committee for "advice", while in Commonwealth republics retaining the JCPC as their final court of appeal, appeals are made directly to the Judicial Committee itself.
In the case of Brunei, appeals are made to the Sultan of Brunei, who refers the case to the Judicial Committee for advice. The panel of judges hearing a particular case is known as "the Board"; the "report" of the Board is always accepted by the Queen in Council as judgment. The origins of the Judicial Committee of the Privy Council can be traced back to the curia regis, or royal council. In theory, the King was the fount of justice, petitions for redress of wrongs arising from his courts were addressed to him; that power was taken over by Parliament within England, but the King-in-Council retained jurisdiction to hear petitions from the King's non-English possessions, such as the Channel Islands and on, from England's colonies. The task of hearing appeals was given to a series of short-lived committees of the Privy Council. In 1679, appellate jurisdiction was given to the Board of Trade, before being transferred to a standing Appeals Committee in 1696. By the nineteenth century, the growth of the British Empire, which had expanded the appellate jurisdiction of the Privy Council, had put great strains on the existing arrangements.
In particular, the Appeals Committee had to hear cases in a variety of legal systems, such as Hindu law, with which its members were unfamiliar. In 1833, at the instigation of Lord Brougham, the Lord Chancellor, Parliament passed the Judicial Committee Act 1833; the Act established a statutory committee of the Privy Council, known as The Judicial Committee of the Privy Council, to hear appeals to the King-in-Council. In addition to colonial appeals legislation gave the Judicial Committee appellate jurisdiction over a range of miscellaneous matters, such as patents, ecclesiastical matters, prize suits. At its height, the Judicial Committee was said to be the court of final appeal for over a quarter of the world. In the twentieth century, the jurisdiction of the Judicial Committee of the Privy Council shrank as British Dominions established their own courts of final appeal and as British colonies became independent, although many retained appeals to the Privy Council post-independence. Canada abolished Privy Council appeals in 1949, India and South Africa in 1950, New Zealand in 2003.
Twelve Commonwealth countries outside of the United Kingdom retain Privy Council appeals, in addition to various British and New Zealand territories. The Judicial Committee retains jurisdiction over a small number of domestic matters in the United Kingdom; the United Kingdom does not have a single highest national court. The Judicial Committee of the Privy Council has jurisdiction in the following domestic matters: Appeals against schemes of the Church Commissioners. Appeals from the ecclesiastical courts in non-doctrinal faculty cases. Appeals from the High Court of Chivalry. Appeals from the Court of Admiralty of the Cinque Ports. Appeals from prize courts. Appeals from the Disciplinary Committee of the Royal College of Veterinary Surgeons. Disputes under the House of Commons Disqualification Act 1975. Additionally, the government may refer any issue to the committee for "consideration and report" under section 4 of the Judicial Committee Act 1833; the Judicial Committee of the Privy Council is the Court of Final Appeal for the Church of England.
It hears appeals from the Arches Court of Canterbury and the Chancery Court of York, except on matters of doctrine, ritual or ceremony, which go to the Court for Ecclesiastical Causes Reserved. By the Church Discipline Act 1840 and the Appellate Jurisdiction Act 1876 all archbishops and bishops of the Church of England became eligible to be members of the Judicial Committee. Prior to the coming into force of the Constitutional Reform Act 2005, the Privy Council was the court of last resort for devolution issues. On 1 October 2009 this jurisdiction was transferred to the new Supreme Court of the United Kingdom. Judgments of the Judicial Committee are not binding on courts wit
2017 Papua New Guinean general election
General elections were held in Papua New Guinea between 24 June and 8 July 2017. The writs for the election were issued on 20 April, candidate nominations closed on 27 April. Sir Michael Somare, the first Prime Minister of Papua New Guinea, retired as a Member of National Parliament at the election. Somare has served continuously since he was first elected to the pre-independence House of Assembly in 1968, an unbroken term of 49 years. On 1 August 2017 Peter O'Neill was re-elected as Prime Minister by Parliament by a vote of 64–40; the 111 members of the National Parliament are elected from single-member constituencies by preferential voting. Important dates in the election are listed below; the Return of Writs was postponed to 29 July due to few of the 111 seats being declared. The Writs were presented to Governor General Sir Robert Dadae on 29 July by Electoral Commissioner Patilias Gamato, with only 80 seats declared; the Papua New Guinea Electoral Commission reported in preliminary figures that 3332 candidates have nominated to contest the election, 165 candidates of which are women.
There has been less activity in the 2017 election compared to previous elections, with PNG National Party Leader Kerenga Kua saying "There is less colour, less movement, that's not good, because you need to have some level of activity for educational purposes". Four people died in clashes regarding the election, with several candidates attacked during campaigning or nominations, to which Electoral Comisisoner Patilias Gamato said "We have not gone into polls yet but people are engaging in violent activities and intimidation — that's unnecessary."Ezekiel Anisi, MP for Ambunti-Dreikikir Open died on 24 May 2017 at a Port Moresby guesthouse in the midst of his re-election campaign. The Bank of Papua New Guinea is concerned that 160 Million Kina of old currency, stolen has the potential to influence the election. There are concerns in the Menyama District of Morobe Province that poor weather conditions affecting road transport could cause issues with the transportation of polling materials closer towards the election.
Significant issues with voting had arisen by late June. On 27 June, the day voting was due to begin in the National Capital District, voting in all three electorates there was delayed until 30 June after polling officials went on strike due to unpaid allowances. At least sixteen electoral officials were arrested, including NCD election manager Terrence Hetinu, found with US$57,000 in cash stored in his car, while NCD assistant returning officer Roselyn Tobogani was arrested after officials were found smuggling ballot papers out of the provincial election office. Voting in Chimbu Province, Hela Province and Western Highlands Province failed to begin on schedule on 26 June due to issues with the common roll and disputes over numbers of ballot papers, while voting in Eastern Highlands Province only commenced on a limited basis amidst reports that "thousands of students" had been left off the electoral roll. Electoral Commissioner Patilias Gamato obtained a court order against blogger Martyn Namorong, restricting him from sharing defamatory statements against the commissioner.
This came after Gamato received criticism which his surname to a tomato. Members of the National Parliament of Papua New Guinea, 2017–2022 Papua New Guinea Election Commission Registered Political Parties Preliminary Candidate Nominations Election Dates
2012 Papua New Guinean general election
A general election was held in Papua New Guinea from 23 June to about 13 July 2012, after being postponed by a further week, due to allowing for security personnel to criss-cross the country the highland provinces. The election followed controversy over incomplete electoral rolls and the 2011–2012 Papua New Guinean constitutional crisis between the disputed prime ministers of Sir Michael Somare and Peter O'Neill. In 2011 a dispute arose between Sir Michael Somare and Peter O'Neill over, the legitimate prime minister. Somare was backed by the Supreme Court, while O'Neill gained the support of a majority of the parliament, the Army and the civil service. O'Neill was internationally recognised as holding the office of prime minister. Both claimants appointed their own police chiefs and heads of the military. Amidst continuing conflicts, a mutiny occurred in 2012 against factions of the military. There were accusations of Australian partisanship over Prime Minister Julia Gillard's support for the O'Neill government.
There was a suggestion by the parliament to postpone the election for up to a year in the light of an unprepared process in regards to the implementation of a biometric voting system and an only 60% complete voter roll. Deputy Prime Minister Belden Namah was a proponent of this idea saying the election commission and the census had failed in the count of the population. However, this was decided against by O'Neill who said the United Nations and Australia would step up to support the process. However, he retracted the comment. On 5 April the parliament voted to postpone the election for six months by a vote of 63 to 11, with O'Neill and Namah voting for the postponement; the Parliamentary motion instructed head of the election commission, Andrew Trawen, to ask the Governor-General of Papua New Guinea Sir Michael Ogio for the delay. However, as Trawen has asserted that parliament has no power to postpone the election since its five-year term is specified in the constitution of Papua New Guinea and he had said that "the nation is ready to go to the polls," he was "consulting his lawyers" as to which direction to proceed.
A former attorney-general, Sir Arnold Amet, said the vote was unconstitutional and would be challenged in court. Leader of the Opposition Carol Kidu said. "How can we take anything they say at their word? The whole country is being held to ransom by these decisions." However, after intense domestic and international pressure, O'Neill backed away from this demand and the election was held from 23 June to about 13 July, in the scheduled timeslot. The National parliament is elected from 111 single-member electorates. 89 of them are open electorates distributed around the country. Additionally, each of the 22 provinces elects 1 regional member, which takes the title of provincial governor; the candidates are elected using Limited preferential voting, where the voter ranks 3 candidates in the order of preference. Since the office of the prime minister was disputed, Somare's National Alliance Party has splintered into several factions following the constitutional crisis. O'Neill, who had no party base, formed an alliance in March with Belden Namah, former Prime Ministers Sir Mekere Morauta and Bill Skate to contest the election.
Following the disintegration of Somare's party, Dame Carol Kidu assumed the title of Leader of the Opposition despite having no parliamentary following. Kidu was born in Australia; as a result of capital inflows in the natural resources sector, there was an increase in campaign finance during the electoral process. The Sydney Morning Herald cited payments to tribal and village extended family heads in order to get "block votes" in the seven highland provinces where 45 of 111 MPs are chosen; this was in contrast to the previous Moka system that involved high-profile individuals who gained both prestige and power in exchange for gifts sich as pigs and yams to each other in order to entangle others in a web of unrepayable debt, according to the SMH. It noted an event in the Dei Open electorate two days prior to its voting date that consisted of several pigs for slaughter. Local MP Puri Ruing, who presided over the ceremony, said. It's a tribal peace settlement over ownership of a coffee plantation."
Following a Supreme Court's ruling, Deputy Prime Minister Francis Marus said that Somare was the legitimate prime minister, but since he had missed three sitting of parliament the office was now vacant and a new prime minister would be elected on 30 May. Chief Justice Sir Salamo Injia, one of the three judges who ruled that Somare was the legitimate prime minister was arrested in May and charged with sedition. Justice Nicholas Kirriwom, who joined Injia's decision was arrested on 28 May and "will be charged with sedition", according to a police spokesman. A splinter group of police officers blockaded parliament on 26 May to prevent the holding of a special sitting of parliament, at which MPs voted for a state of emergency and rejected the Supreme Court’s ruling that Somare should be reinstated; the police leadership called for an end to the political stalemate, while Michael Ogio refused to sign the document approving the sitting which called for a state of emergency, or any documents, until a government is formed after the election.
Three sets of observation teams monitored the election: Domestic Observation: 22 teams Commonwealth Observers Transparency International The electoral process delayed the release of a report into the sinking of the MV Rabaul Queen. A Commission of Inquiry had bee
A Prime Minister is the head of a cabinet and the leader of the ministers in the executive branch of government in a parliamentary or semi-presidential system. A prime minister is not a head of state or chief executive officer of their respective nation, rather they are a head of government, serving under a monarch in a hybrid of aristocratic and democratic government forms. In parliamentary systems fashioned after the Westminster system, the prime minister is the presiding and actual head of government and head of the executive branch. In such systems, the head of state or the head of state's official representative holds a ceremonial position, although with reserve powers. In many systems, the prime minister selects and may dismiss other members of the cabinet, allocates posts to members within the government. In most systems, the prime minister is chairman of the cabinet. In a minority of systems, notably in semi-presidential systems of government, a prime minister is the official, appointed to manage the civil service and execute the directives of the head of state.
The prime minister is but not always, a member of the Legislature or the Lower House thereof and is expected with other ministers to ensure the passage of bills through the legislature. In some monarchies the monarch may exercise executive powers that are constitutionally vested in the crown and may be exercised without the approval of parliament; as well as being head of government, a prime minister may have other roles or posts—the Prime Minister of the United Kingdom, for example, is First Lord of the Treasury and Minister for the Civil Service. Prime ministers may take other ministerial posts. For example, during the Second World War, Winston Churchill was Minister of Defence and in the current cabinet of Israel, Benjamin Netanyahu serves as Minister of Communications, Foreign Affairs, Regional Cooperation and Interior; the term prime minister in its French form, premier ministre, is attested in 17th Century sources referring to Cardinal Richelieu after he was named to head the royal council in 1624.
The title was however informal and used alongside the informal principal ministre d'État more as a job description. After 1661, Louis XIV and his descendants refused to allow one of their ministers to be more important than the others, so the term was not in use; the term prime minister in the sense that we know it originated in the 18th century in the United Kingdom when members of parliament disparagingly used the title in reference to Sir Robert Walpole. During the whole of the 18th Century, Britain was involved in a prolonged conflict with France, periodically bursting into all-out war, Britons took outspoken pride in their "Liberty" as contrasted to the "Tyranny" of French Absolute Monarchy. Over time, the title became honorific and remains so in the 21st century; the monarchs of England and the United Kingdom had ministers in whom they placed special trust and who were regarded as the head of the government. Examples were Thomas Cromwell under Henry VIII; these ministers held a variety of formal posts, but were known as "the minister", the "chief minister", the "first minister" and the "prime minister".
The power of these ministers depended on the personal favour of the monarch. Although managing the parliament was among the necessary skills of holding high office, they did not depend on a parliamentary majority for their power. Although there was a cabinet, it was appointed by the monarch, the monarch presided over its meetings; when the monarch grew tired of a first minister, he or she could be dismissed, or worse: Cromwell was executed and Clarendon driven into exile when they lost favour. Kings sometimes divided power between two or more ministers to prevent one minister from becoming too powerful. Late in Anne's reign, for example, the Tory ministers Harley and Viscount Bolingbroke shared power. In the mid 17th century, after the English Civil War, Parliament strengthened its position relative to the monarch gained more power through the Glorious Revolution of 1688 and passage of the Bill of Rights in 1689; the monarch could no longer establish any law or impose any tax without its permission and thus the House of Commons became a part of the government.
It is at this point. A tipping point in the evolution of the prime ministership came with the death of Anne in 1714 and the accession of George I to the throne. George spoke no English, spent much of his time at his home in Hanover, had neither knowledge of, nor interest in, the details of English government. In these circumstances it was inevitable that the king's first minister would become the de facto head of the government. From 1721 this was the Whig politician Robert Walpole. Walpole chaired cabinet meetings, appointed all the other ministers, dispensed the royal patronage and packed the House of Commons with his supporters. Under Walpole, the doctrine of cabinet solidarity developed. Walpole required that no minister other than himself have private dealings with the king, that when the cabinet had agreed on a policy, all ministers must defend it in public, or resign; as a prime minister, Lord Melbourne, said, "It matters not what we say, gentlemen, so long as we all say the same thing."
A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments. Laws enacted by legislatures are known as primary legislation. Legislatures observe and steer governing actions and have exclusive authority to amend the budget or budgets involved in the process; the members of a legislature are called legislators. In a democracy, legislators are most popularly elected, although indirect election and appointment by the executive are used for bicameral legislatures featuring an upper chamber. Names for national legislatures include "parliament", "congress", "diet", "assembly", depending on country; each chamber of the legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a certain number of legislators present to carry out these activities; some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are delegated to committees made up of a few of the members of the chamber.
The members of a legislature represent different political parties. Legislatures vary in the amount of political power they wield, compared to other political players such as judiciaries and executives. In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary Powers Index in an attempt to quantify the different degrees of power among national legislatures; the German Bundestag, the Italian Parliament, the Mongolian State Great Khural tied for most powerful, while Myanmar's House of Representatives and Somalia's Transitional Federal Assembly tied for least powerful. Some political systems follow the principle of legislative supremacy, which holds that the legislature is the supreme branch of government and cannot be bound by other institutions, such as the judicial branch or a written constitution; such a system renders the legislature more powerful. In parliamentary and semi-presidential systems of government, the executive is responsible to the legislature, which may remove it with a vote of no confidence.
On the other hand, according to the separation of powers doctrine, the legislature in a presidential system is considered an independent and coequal branch of government along with both the judiciary and the executive. Legislatures will sometimes delegate their legislative power to administrative or executive agencies. Legislatures are made up of individual members, known as legislators. A legislature contains a fixed number of legislators. For example, a legislature that has 100 "seats" has 100 members. By extension, an electoral district that elects a single legislator can be described as a "seat", as, example, in the phrases "safe seat" and "marginal seat". A legislature may debate and vote upon bills as a single unit, or it may be composed of multiple separate assemblies, called by various names including legislative chambers, debate chambers, houses, which debate and vote separately and have distinct powers. A legislature which operates as a single unit is unicameral, one divided into two chambers is bicameral, one divided into three chambers is tricameral.
In bicameral legislatures, one chamber is considered the upper house, while the other is considered the lower house. The two types are not rigidly different, but members of upper houses tend to be indirectly elected or appointed rather than directly elected, tend to be allocated by administrative divisions rather than by population, tend to have longer terms than members of the lower house. In some systems parliamentary systems, the upper house has less power and tends to have a more advisory role, but in others presidential systems, the upper house has equal or greater power. In federations, the upper house represents the federation's component states; this is a case with the supranational legislature of the European Union. The upper house may either contain the delegates of state governments – as in the European Union and in Germany and, before 1913, in the United States – or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in Australia and the United States since 1913.
Tricameral legislatures are rare. Tetracameral legislatures no longer exist, but they were used in Scandinavia. Legislatures vary in their size. Among national legislatures, China's National People's Congress is the largest with 2 980 members, while Vatican City's Pontifical Commission is the smallest with 7. Neither legislature is democratically elected: the National People's Congress is indirectly elected. Legislature size is a trade off between representation. Comparative analysis of national legislatures has found that size of a country's lower house tends to be proportional to the cube root of its population.
Foreign relations of Papua New Guinea
Papua New Guinea's foreign policy reflects close ties with Australia and other traditional allies and cooperative relations with neighboring countries. Its views on international political and economic issues are moderate. Papua New Guinea has diplomatic relations with 56 countries. Papua New Guinea belongs to a variety of regional organizations, including the Asia-Pacific Economic Cooperation forum. Papua New Guinea has been a member state of the Commonwealth of Nations since 1975, when it gained independence from Australia. List of diplomatic missions in Papua New Guinea List of diplomatic missions of Papua New Guinea Category: Treaties of Papua New Guinea