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TOPIC

5

MODERN COURT STRUCTURE IN USP COUNTRIES

Topic 5: Concept Map

Topic 5: Modern Court Structure in USP Countries

5.2

Topic Overview
In the previous topic 4, we examined the concept of ‘court structures’ and identified the three basic tiers of courts, namely, ‘appellate’, ‘superior’ and ‘subordinate courts’. We explained that the courts in any legal system basically fall within these categories or within the other category that we called ‘special’ courts. We explained these courts with reference to current courts in Pacific Island countries. We also outlined the colonial history in the Pacific Islands and examined the structure of courts that were set up by the five major colonial powers in countries of the Pacific region during the colonial period. In this topic, we expand our study of the court systems of Pacific countries by focusing on the structure of courts in the current, i.e. post-dependency period. The approach in doing so is to take each country that is a member of the University of the South Pacific and discuss its current courts. In doing so, we will note any changes that have been made to the courts in the period since each became independent or self-governing. The court systems of two other Pacific Island countries, Federated States of Micronesia and Papua New Guinea, will be discussed in topic 7.

Topic 5: Modern Court Structure in USP Countries

5.3

Topic Outline
1) Introduction 2) Present Court Structures in USP Countries 2. 1 - Cook Islands 2. 2 - Fiji Islands 2. 3 - Kiribati 2. 4 - Marshall Islands 2. 5 - Nauru 2. 6 - Niue 2. 7 - Samoa 2. 8 - Solomon Islands 2. 9 - Tonga 2.10 - Tuvalu 2.11 - Vanuatu 3) Summary of Court Structures 4) Exercises

Learning Outcomes
By the time you have completed this topic you should be able to: Identify the “appellate”, “superior”, “subordinate” and “special” courts of countries in the USP region; Identify the relevant provisions of Constitutions and other laws which establish or

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