Governance and the Kingdom of Tonga

Constitution

The Tongan Constitution was drafted by Rev. S.W. Baker on the bequest of the monarch (King Tupou I 1797-1893) who instituted the constitution in 1875. The constitution has been described as a partial response by the King to the encroaching empiricism of the naval world powers of the time; Great Britain, Germany and the USA.

As a show of acceptance and adherence to western forms of civil organisation the Tongan Constitution instituted three branches of government; The King and the Privy Council, The Legislative Assembly and, The Judiciary.

The King and the Privy Council

This branch of government initiates the laws and regulations of the country which are then passed to the Legislative Assembly to debate. If the Legislative Assembly votes the bill into law, then the King and the Privy Council will choose to allow the passage of the new bill as law or to veto the proposed law. The text put out by the Tongan Government's Department of Education specifies that this branch of government is the government.

This branch of government administers the activities of the government through the public services named 'ministries.'

The members for the privy council is the King's selected cabinet members. In historical practise, the King has selected the cabinet from government ministers (similar to the US legislatures chairs of Congresses separate committees ?) and the two governors of the island groups (Ha'apai and Vava'u) outside of Tongatapu.

Government ministers are selected to their posts by the King, by constitutional authority.

The Legislative Assembly

The Legislative Assembly, Parliament, is made up of 30 members.

9 members are elected by the populace as their representatives.
9 members are elected by the nobility as their representatives.
12 members are appointed by the government.

This branch is technically not involved in the initiation of law, but only in the debate/discussion of law. The legislature is allowed to make proposals to the government but are not authorised to conclude matters of law.

The major responsibility of the legislature is to assess and pass the government's annual budget proposal. The government's annual budget proposal is prepared by the Minister for Finances and his department.

Other responsibilities of the legislature is the assessment of the performances of government ministers and their departments, although no formal system exists to assist the legislature in this task.

The Judiciary

The Judiciary is comprised of four courts; the Appeals Court, the Supreme Court, the Lands Court and the Magistrate's Court.

The Appeals Court is the highest court in the land. The King, as the Supreme Judge, overseas the Appeals Court with his Cabinet and a selected judge. Cases are brought to this court on appeal from judgments of the Supreme court.

The Supreme Court presides over cases against the government and serious cases that have appealed to or have been sent to the Supreme Court. Among many things, this court is authorised to pass the death sentence although execution can only be applied after leave from the King.

The Lands Court presides over matters concerning land. The judge is appointed by the King in accordance with the constitution.

The Magistrate's Court presides over matters not covered by the above courts and usually caters for theft, arguments etc.

The Government Structure described by the constitution.

Reference:

Tala 'o Tonga, Voliume 2.

Last updated June 7, 1996