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Judges as Guardians of Papua New Guinea’s Democracy

  • Bal Kama

摘要

Chapter 8 delves deeper into how the liberal judicial powers of the judiciary have been applied in addressing socially and politically embedded issues, arguing that the role of the judges has expanded beyond their traditionally assigned role as ‘guardians of the Constitution’ to that of ‘guardians of Papua New Guinea democracy.’ The analysis highlights various judicial approaches and textual indicators in the Constitution to demonstrate that Papua New Guinea judges have unprecedented and critical political and social oversight and supervisory roles. Properly considered, these powers elevate the role of the judges to a broader societal guardianship role. Embracing this position not only enhances understanding of the Papua New Guinea judiciary’s character but also underscores the legitimate function of courts and judges as agents of social and political development in the country.