HCL001 TOPIC 3 (final)

samoa’s 5 sources of law

1.   Constitution

2.   Legislation

3.    legislation

4.   Court decisions (common law)

5.   Customary law

constitutional convention 1960

formed by traditional leaders rep the 41 territorial constituencies. They shared & drafted the constitution of samoa

How did constitution come into existence

by way of constitutional convention 1960

who made the constitution

Constitutional convention 1960

who formed constitutional convention 1960

Traditional leaders representing the 41 territorial constituencies

function of constitutional convention 1960

They drafted the constitution of samoa

significance of constitution

highest law of the land

purpose of constitution

provides legal protection for rights of all citizens

independence

Jan 1st 1962

void & constitution

(latin word) no legal effect

• Any law inconsistent w constitution = void (Constitution always prevail bc top/supreme law of land)

authority that est parliament to make laws

art 43

how many memebrs of parliament excluding PM

14  members of cabinet, excluding PM

Art 26 -“The Constitution allows for max 14 Members of Parliament to be appointed as Ministers by HOS, acting on advice of PM

the HOS acts on advice of

Art 26 -“The Constitution allows for max 14 Members of Parliament to be appointed as Ministers by HOS, acting on advice of PM

 

-> HOS acts on advice of PM & cabinet

the HOS is the sole ruler of samoa T/F

FALSE Samoa has no sole ruler

Art 16: O le Ao o le Malo:
There shall be a Head of State of Samoa to be known as O le Ao o le Malo.

Name any 2 villages in  3 territorial constituencies

1.   Alataua I sisifo (SAVAII) = falelima, tutafoe, neiafu

2.   Aiga I le tai (MANONO & APOLIMA) = manono tai, manono uta, apolima tai, apolima uta

3.   Vaa o fonoti (UPOLU) = Lona, Musumusu, Uafato

right/fundamental right (aia tatau)

entitlement afforded by constitution for all citizens/every ind

give 5 fundamental rights (for bill of rights)

1.   Right to fair trial (process of going thru courts when law is broken, function of courts: interpret law, judges decide)

2.   Right to life (right to live, protected by constitution)

(murder violates that constitutional right^)

3.   freedom of speech (aka freedom of expression)

(freedom to express your opinion/what you think (subjective thinking)

4.   freedom of religion (worshipping is protected by constitution)

5.   freedom from hard labour (we're not to be treated like slaves)

(must be compensated otherwise)

6.   freedom from inhumane treatment (we're to be treated humanly)

bill

draft form of law

6 steps in process of making laws

1.   First Reading = bill is submitted to parliament by cabinet & tabled in parliament under first reading

 

2.   Second Reading = bill is debated in parliament & then referred to bills committee for recommendation

 

3.   Committee Stage = time saving mechanism where committee of MPs study bill in detail

 

4.   Report Stage = Chair from Committee stage reports to Parliament & any suggestions/amendments voted on

 

5.   Third Reading = final vote’s taken, if MPs vote in favour, bill’s passed by parliament & becomes act of parliament

 

6.   Bills to be Assented to HOS = Art 60 of Constitution of Samoa provides that bill reqs to be assented to HOS to be Act of Parliament

hm info

“imperial laws” – part of colonisation process

“colonial laws” = laws imposed by colonial powers