03805nam a22005655i 4500 978-981-97-2946-3 DE-He213 20251030112859.0 cr nn 008mamaa 240819s2024 si | s |||| 0|eng d 9789819729463 978-981-97-2946-3 10.1007/978-981-97-2946-3 doi K3154-3370 LND bicssc LAW018000 bisacsh LND thema Kama, Bal. author. aut http://id.loc.gov/vocabulary/relators/aut 82533 Rethinking Judicial Power in Papua New Guinea [electronic resource] : A Mandate for Activism in a Transformative Constitution / by Bal Kama. 1st ed. 2024. Singapore : Springer Nature Singapore : Imprint: Springer, 2024. XIX, 208 p. 1 illus. online resource. text txt rdacontent computer c rdamedia online resource cr rdacarrier text file PDF rda Introduction -- Decolonisation and a ‘Home-Grown’ Constitution -- The Colonial Justice Systems: Methods and Influence -- A Transformative Constitution for Papua New Guinea -- Case Studies: Tensions and Constitutional Crises -- Rethinking the Doctrine of Separation of Powers -- Judges as Guardians of Papua New Guinea’s Democracy -- Maintaining the Liberal Character of the Judiciary: Challenges and Impetuses -- Conclusion. This book examines the role and nature of the judiciary in Papua New Guinea (PNG), the first comprehensive study since the country's independence in 1975. It challenges the traditional view of the judiciary as solely a legal entity, arguing for its broader social and political functions. Critiquing assumptions inherited from British and Australian colonial thinking, it discusses how decolonisation has redefined judicial power, enabling courts to have a more transformative role. Introducing transformative constitutionalism into Australian-Pacific legal thinking, the book argues that PNG has a transformative constitution defined by its intent for reform, extensive Charter of Rights, and a liberal judiciary—features not found in other Pacific constitutions. Given the region's challenges such as corruption, political instability, and climate change, the book advocates for a more proactive role for the judiciary. It proposes a re-evaluation of the classical tripartite doctrine of separation of powers, advocating for a quadripartite model in PNG where the judiciary has a broader reformative function and the independent constitutional institutions constitute a fourth arm of government. This work makes important contributions to understandings of judicial power and constitutional law as well as other fields including comparative constitutional studies, legal history and decolonial scholarship. Constitutional law. Administrative law. Public law . Political science. 58714 Southeast Asia History. 70066 Constitutional Law. Administrative Law. Public Law. Governance and Government. History of Southeast Asia. 70068 SpringerLink (Online service) Springer Nature eBook Printed edition: 9789819729456 Printed edition: 9789819729470 Printed edition: 9789819729487 https://doi.org/10.1007/978-981-97-2946-3 ZDB-2-LCR ZDB-2-SXLC 62560 62560