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Establishing a Liberal Political Order Through a Constitution: The Papua New Guinea Experience
Author(s) -
Ghai Yash
Publication year - 1997
Publication title -
development and change
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.267
H-Index - 93
eISSN - 1467-7660
pISSN - 0012-155X
DOI - 10.1111/1467-7660.00044
Subject(s) - politics , constitution , clan , jurisdiction , law , reciprocity (cultural anthropology) , political science , convention , new guinea , democracy , sociology , public administration , law and economics , social science , ethnology
The experience with the independent constitution of Papua New Guinea is examined in this article to argue that, while constitutions are able to set up institutions and define their jurisdiction, they are less effective in establishing values and norms. Constitutions establish broad frameworks for politics but are rarely successful in determining the dynamics of politics or the conduct of parties, which depend principally on social and economic circumstances. The parliamentary system in PNG has been influenced more by traditional notions of clan leadership and reciprocity than by any Westminster convention. In PNG, the courts and other institutions for discipline and control of administration have been more effective than in many other developing countries, principally due to the weakness of the state‐political system. Nevertheless, there remains considerable tension between the Rule of Law and democracy as it has developed in PNG.