Interpretation of Statutes at Papua New Guinea
Here’s an overview of Interpretation of Statutes in Papua New Guinea (PNG), focusing on the legal framework and principles guiding statutory interpretation:
⚖️ Interpretation of Statutes in Papua New Guinea
1. Legal System Context
Papua New Guinea follows a common law legal system with influences from Australian and English law.
The Constitution of Papua New Guinea (1975) is the supreme law.
Statutes are enacted by the National Parliament and interpreted within this framework.
2. Legal Framework for Interpretation
The Interpretation Act 1975 (PNG) is the primary statute guiding how laws are interpreted.
Courts also apply common law principles of statutory interpretation inherited from English law.
The Supreme Court of Papua New Guinea is the highest judicial authority for interpretation.
3. Principles of Statutory Interpretation
Literal Rule:
Words are given their ordinary, natural meaning unless doing so produces absurd results.
Golden Rule:
The literal meaning may be modified to avoid absurdity or injustice.
Mischief Rule:
Courts consider the problem or “mischief” the statute was intended to remedy.
Purposive Approach:
Emphasis is placed on the legislative purpose and intent.
Use of Extrinsic Materials:
Parliamentary debates, explanatory statements, and legislative history can be consulted when ambiguity arises.
4. Judicial Practice
The Supreme Court and National Court apply these interpretive principles.
Courts ensure interpretations comply with the Constitution, especially fundamental rights.
The Supreme Court of PNG may consider Australian and English precedent, but PNG law prevails.
5. Constitutional Supremacy
The Constitution of PNG overrides any conflicting laws.
Courts must interpret statutes in a way that aligns with constitutional principles.
Summary
Papua New Guinea’s statutory interpretation follows a common law tradition, guided by the Interpretation Act 1975, emphasizing literal, purposive, and contextual approaches, all within the bounds of constitutional supremacy.
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