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Article
Customary Law to Acquire Full Force of Law
Author(s)
Alfred P. Minei
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DOI:10.17265/2328-2177/2022.02.005
Affiliation(s)
University of Papua New Guinea, Port Moresby, Papua New Guinea
ABSTRACT
A number of the constitutions limit recognition of customary law to those customs and/or usages, which have the “force of law” in their respective territories. The question as to whether a custom has the “force of law” may be variously interpreted depending upon whether it is the community, the courts, or the legislature, which has the power to identify when a custom becomes law. Determining just when a custom acquires the “force of law” is of much importance for its wider recognition and application. This in turn is linked to the question of proof of customary law. A key aspect of Papua New Guinea (PNG)’s approach is that it brought the multiplicity of regimes of different cultures under a national framework and has given a place to customary law which is now constitutionally recognized as superior to the inherited common law. It places the local and traditional over the inherited and imported law, with the constitution placed over both. In this paper I examine customary law as in the context of the PNG Constitution.
KEYWORDS
constitution, customary law, indigenous customs, human rights, courts, PNG
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