The Colonial Justice Systems: Methods and Influence

This Chapter examines the development of the court system in Papua New Guinea under colonialism leading up to the Independence in 1975 to understand the formation of the modern judiciary and its distinguishing features from those of the colonial designs. It demonstrates that under both German and Britain, and later Australia colonial administrations, the impetuses and approaches that defined the judicial culture largely supported the objects of colonialism. Impartiality and judicial independence were compromised for the natives of Papua New Guinea as their justice needs became secondary. The people responded in their consultation on the post-Independence Constitution, desiring a judiciary that departs from the colonial models. This departure includes from uncritical adherence to legalism and the narrow functions of the courts that were propagated by the domineering influence of the Australian High Court.