LA207 Examination 2002

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Question 1.

Describe the circumstances in which courts of the Commonwealth will recognise as valid a written constitution that has been made unlawfully, including the way in which the courts have modified their original thinking on that issue.

Question 2

Describe the extent to which the courts of a country of the USP region will recognise as valid legislation and executive acts which are not in conformity with the written constitution of the country.

Question 3

Describe the general principles and the main exceptions to those principles, which the courts of the Commonwealth have developed to assist them in the interpretation of written constitutions.

Question 4

You are a lawyer in private practice and are approached by your friend David. David has just spent the weekend in the police cell. On Friday night he was with his friends outside Purple Blaze (a nightclub) when he was arrested. The police did not charge him with anything. They pushed him into the van and took him to the police station where he was locked up in a cell. The police did not tell him why he was arrested but they asked a lot of questions concerning his whereabouts on that Friday. He was not advised of his rights or that he could call a lawyer. James was not given any food or water throughout the weekend and he was beaten twice by police. He was kicked and punched and was tied to a chair for about twenty-four hours. On Sunday night he was given some water but only after he had signed a confession sheet that he was the person who had murdered Scott, a famous lawyer in the country.

After that David was advised that he had been charged with the murder of Scott and he has the right to have a lawyer representing him. You are his lawyer. Advise him of any constitutional rights of his which have been breached and the consequence of the breach. Also, advise him about his legal position with regards to the confession obtained in terms of constitutional breaches that might have occurred. Your answer should be undertaken with reference to any constitutional system of the USP region.

Harry Plais v William Panuelo, Paulus Hartman, Remikio Pretrick; Pohnpei State & federated States of Micronesia 5 FSM Intrm 179 (Pon; 1991); Police v Va’asili Piula (unreported, CA Samoa 1994) and Attorney General v U [1994] 1 HRNZ 286 (CA Samoa) are relevant authorities but you may refer to any others which are applicable as well as relevant constitutional provisions.

LA207 Examination 2002

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Question 5

The constitutions of countries in the USP region provide for the three arms of government. These are the Legislature, the Executive and the Judiciary. The role of each of these institutions is defined and thereby restricted to some extent. With reference to decided cases and the constitutions of the region explain the roles of each such arm and their relationship to one another. What happens when there is an overlap between the three arms of the government? Does the constitution provide for such an overlap, and if not then how can such overlaps be controlled?

Question 6

All constitutions of the countries of USP region provide for the operation of rule of law. This is a very important part of modern constitutional systems. Explain the main features of the rule of law as it applies in modern constitutional theory and illustrate significant problems in its application in the countries of the USP region.

Question 7

Explain the nature of executive government as it is established in any one or more of the constitutional systems of the USP region. Your answer should address and explain also the legal limitations on executive authority.

Question 8

A constitution requires special processes to be undertaken in order to amend or vary the terms of that constitution. There are some standard approaches to this which are adopted in the constitutions of the USP countries. With reference to two or more constitutions of the USP region explain those processes and the reasons for them being put in place.