Unit 6: The Constitution.

A constitution are sets of rules which allocates duties, powers and function to the various institutions
of government and define the relationship between individual and the state. It gives government the
limited power, as it affords both, protection for individual rights against arbitrary power and a means
of resolving disputes between citizens and state. It allocates limited power and the relationships to (3)
branches of governments. Constitution confer legitimacy up on a regime by making governments
a rule bound activity.
The two basic function and characteristics of constitution

 limited governments
 governments structure- design the framework for governments by setting out the pathway of
power, showing the procedure for making laws and reaching the decisions. constitution can
also have negative consequences if it becomes outdated.
Activity one:
Q2. What is the difference between a written or (codified) and an unwritten constitution?
A written or codified constitution is a constitution that is set out in detail in a single document (a
small number of define documents). In contrast, an unwritten constitution is one where the
provision is not formalized in a single document. Papua New Guinea as a written constitution.
Nearly all constitutions are written except few examples such as Britain and New Zealand.
CONSITUTIONALISM- a belief in limited government. A belief that a government is not in
control of the society but an instrument within it. It is a doctrine that say government should
subjected to law.
The leadership codes are selectively against leaders of parliament (selective application of
constitution.
Activity two:
Q3. What are the relationships between constitutions and liberal democracy?
A constitution forms the cornerstone of liberal democratic political system as the ruler of law
(i.e., constitutionalism) affords both protection for individual rights against arbitrary state power.
In other words, by providing a constraint on the power of government, a constitution protects
individual freedom (i.e., liberty)
Q4. How does a constitution promote a legitimacy of a government?
Constitution confer legitimacy upon a regime by making government a rule bound activity.
Constitutional governments therefor exercise legal-rational authority; their powers are
authorized by constitutional law. However, a constitution does not confer legitimacy as the
principle and rules contained in the constitution must reflect values and belief that are widely
held in society. Achieving legitimacy for liberal democratic systems, therefor also authorized free
and competitive democratic elections. In other words, a constitution promotes legitimacy as it
ensures that government authority is exercised in accordance with the rules that are reasonable
and acceptable in the eyes of the governed.

A Westminster system is a parliamentary system of democracy based on responsibility-

ministerial governments. A prime minister is voted by the parliament and can remove a
majority vote of no confidence, which is not permitted during the first 18 months of
office.
 Next sheet is the structural
GG representation
of the constitution of
Papua New King of U.K. Guinea.
elect
voters Ministries and
departments

legislative
formally appoints
PM

Chooses and dismiss Chooses NEC MEMBERS

The constitutional power usually resides with the NEC in PNG. The constitution provides for certain
watch dog body like Ombudsman Commission, which has power to hear complaints of
mismanagement, favors and corruption by the bureaucracy, Governments Ministers and
Parliamentarians. The Ombudsman Commission, with the task of enforcing the Leadership code,
which aims to curb the undue us of position of power to accumulate personal wealth.
Five amin focus of constitution.
1. Human development- free from domination and have the opportunity develop as whole
person.
2. Equality and participation (national election).
3. National sovereignty and self-reliance (politically and economically independent).
4. Natural resource and environments- conservation of national resources for present and
future generation.
5. Papua New Guinea ways- development is to be achieved primarily through the use of Papua
New Guinea forms of social, political and economic organization.
Activity 3:
Q5. What is the difference between unitary and federal constitution and how would you
characterize the Papua New Guinea system of governments in this respect?
A unitary system of government is one where ultimate power resides with the national governments.
Inn contrast a federal system is one where power is shared between a national and subnational. Since
the establishment of a provincial government system in 1976, Papua New Guinea can be
characterized as federal system.
Q6. How are constitutional amendments made in Papua New Guinea? Do you think the existing
method is legitimate (i.e., does it demonstrate popular consent for constitutional change)?
Constitutional amendments required two-thirds majority in parliament. To the extent that members of
parliament represent the interests and values of their electorates, the method of amending the
constitution may be regarded as legitimate as it should reflect the wishes of the people. However, a
case could be made clear that the existing system is not legitimate because ember oof parliament can
be elected wit6h minority support (i.e., less than 10% in some electorates and there is therefore not
true representative of the people.
Q7. Do you think that a popular vote (i.e., a referendum) would be a more legitimate way of
amending the constitution in Papua New Guinea? Given the difficulty in achieving
constitutional reform?
A referendum would be a more legitimate method of amending the constitution as it would allow all
the people to have direct say on the kind of constitution they prefer. Indeed, a case could be made for
referendum as a new system of amending the constitution given that members of parliament may not
be true representative of their electorate and may also be acting in their own rather than the national
interest. For example, it has been argued that constitutional changes to give the Prime minister
Power to dissolve parliament at anytime and call election is unlikely to occur, given such changes
would limit the power of the people who would have to vote the changes through parliament (I.e.,
backbenches)
Summary
In this unit, we examine constitutions which are legal documents which are legal documents that
organize the way in which government operates as well as declare the rights of citizens.
However, constitution do more than just outline structure and limitations on governments.
They also affirm the principles under which nation should be run as shown by the five national
goals and directive principles of the Papua New Guinea Constitution.
Papua New Guinea Constitution was adopted on the 15th of August 1975. This constitution
provides for a Westminster type of democracy with a unicameral legislature and Governor
General representing the queen of Britain as head of state. The parliament is made of 109
Members who elect the Prime Minister, who then select between 6 and 27 Members to be part of
the National Executive Council. Following an amendment to the constitution a provincial
government system was introduced in 1976.