The Constitution declares the "underlying law" — that is, the separate common law of Papua New Guinea — to consist of the Constitution, "customary law" derived from the "custom" of the various peoples of Papua New Guinea, and the common law of England as it stood at the date of Papua New Guinea's independence on 16 September 1975.That is to say, decisions of the High Court of Australia, the Judicial Committee of the Imperial Privy Council, not being part of the common law of England, and indeed of the pre-independence courts of Papua New Guinea itself are not part of Papua New Guinea law; but decisions of the House of Lords, the English Court of Appeal, the English Queen's Bench and other English courts up until Papua New Guinea's independence are.At Lavalife.com, we believe that dating should be fun. Kick the common dating myths to the curb and start meeting great new people today. Follow us on social media by clicking the buttons below.
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In practice, the governor-general, chosen by free vote of sitting members of parliament, functions as a de facto non-executive president.
Criminal proceedings are brought in the name of "The State" rather than "The Queen" or "R."; the Queen's effigy does not appear on banknotes or coins; apart from a few institutions having royal warrant, such as the Royal Papua New Guinea Constabulary and the Royal Papua Yacht Club, the formal link with the monarchy is largely invisible, and there is little general awareness of it.
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The "customary law" portion of the "underlying law" was contemplated by the original framers of the Constitution as deriving from the regional customs of the country in the same way as the common law of England (that law which was "common" to the whole country) had done prior to 1189, deemed to be "time immemorial" in English law.
In practice the courts have found great difficulty in applying traditional custom in a modern legal system and the development of the customary law according to indigenous Melanesian conceptions of justice and equity has been less thorough than may have been anticipated in 1975.
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