Introduction to Constitutional Law

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CONSTITUTIONAL LAW
TUTORIAL DISCUSSION 2
a) Discuss the fundamental difference between the provisional organic law and the ruling under Kaseng v Namaliu. The provisional laws are organic laws that were enacted before the constitution came into operation. The organic laws were enacted by the National Constituent Assembly before the Independence. According to section 266 of the constitution it states: (1) If before Independence Day the constituent assembly has made an instrument expressed to be a provisional organic law, the instrument takes effect, on Independence Day, as if it were an organic law made and coming into effect on that day. (2) If before Independence Day the constituent assembly has made an instrument expressed to be a provisional act of parliament made for the purpose of bringing any provision of this constitution into effective operation on Independence Day, as if it were an act of parliament made and coming into effect on that day. Therefore the provisional organic laws take its effect on the independence day of Papua New Guinea on the 16th of September 1975. The organic laws were adopted into the constitution and ‘force of laws’ were given to these provisional laws. Thus the provisional organic laws were enacted and came into operation together with the constitution since the constitution has to come into power first before it expressly authorised the organic laws as stated in section 12(1) (a) where it state; “an organic law is a law made by the Parliament in respect of a matter of provision for which by way of an organic law is expressly authorised by the constitution.” However in the case of Kaseng and Namaliu [1995] PNGLR 481 the premiere for western province Isidore kaseng on behalf of all premieres is arguing against the passing of constitutional amendment No 16. In this case the authorising law which is the constitutional amendment No 16 is not yet being enforced when they propose to amend the organic law on provincial...
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