A Transformative Constitution for Papua New Guinea

This Chapter argues that properly characterising the Constitution is important to fully appreciate its intents and unique structures, especially the liberal and interventionist role of the judiciary. It contends that the resulting constitution from the ‘home-grown’ process of constitution-making was ‘transformative’ in intent and character. By analysing examples of transformative constitutions elsewhere, such as India, South Africa and Kenya, it asserts that the transformative nature of the Papua New Guinea Constitution is marked by the Constitution’s intent for change from past conditions, its constitutionally entrenched human rights charter, and the highly liberal role of the judiciary. The analysis also introduces the doctrine of transformative constitutionalism as a framework for the constitutional study of Pacific constitutions and refutes alternative descriptions of Papua New Guinea Constitution, such as ‘aspirational’ or ‘programmatic,’ as failing to accurately reflect the ‘home-grown’ Constitution.