Conclusion

Papua New Guinea embarked on a historic and unparalleled constitution-making process to create a truly ‘home-grown’ Constitution. A remarkable outcome was the establishment of a liberal judiciary with unique social and political interventionist functions. Judges have a duty not to relinquish their liberal powers or substitute them with conceptions of judicial power derived from sources elsewhere that do not align with the ‘home-grown’ constitutional intents. While challenges for the liberal powers of the judiciary may persist, they can be overcome through concerted efforts to clarify understandings of the judiciary's role. Strengthening Papua New Guinea's governmental system involves reassessing assumed structures and doctrines of government towards recognising  the judiciary's larger societal role as the guardian of Papua New Guinea's democracy. The judiciary's unusual liberal mandate and the establishment of independent constitutional institutions in the Constitution mean Papua New Guinea has a modified separation of powers doctrine, encompassing four governmental branches rather than the traditional three branches. The ingenuity of establishing the liberal judiciary is better understood when considering this modified separation of powers framework as part of the broader innovation characterising the ‘home-grown’ Constitution.