Case Studies: Tensions and Constitutional Crises

This chapter discusses two key cases studies of disputes between the executive and the judiciary, wherein the former rejected the liberal and interventionist role of the judiciary: Rooney case in 1979 and the East Sepik Province case (Somare-O'Neill) in 2011. The resulting tension between the executive and the judiciary led to constitutional crises, including mass resignation of judges in the case of Rooney and charge of sedition against judges in the East Sepik Province case. The chapter analyses how, despite the liberal role of the judiciary being firmly entrenched in the Constitution, misunderstandings continue. It demonstrates that these misunderstandings are rooted in outdated doctrinal arguments regarding the supremacy of parliament and a narrow interpretation of the doctrine of separation of powers, wherein the judiciary is expected to have a subservient role. It argues that such assertions have no place under the ‘home-grown’ Constitution and suggest a need to reassess these doctrinal foundations.