Monarchy of Papua New Guinea
Encyclopedia
The monarchy of Papua New Guinea (the Papua New Guinean Monarchy) is a system of government in which a hereditary monarch is the sovereign of Papua New Guinea. The present monarch
of Papua New Guinea
is Queen Elizabeth II
. Papua New Guinea share the Sovereign with a number of Commonwealth realms. The monarch is constitutionally represented by the Governor-General of Papua New Guinea
, whose roles and powers are laid out by the Constitution of the Independent State of Papua New Guinea.
54 states are members of the Commonwealth of Nations
. Sixteen of these countries are specifically Commonwealth realm
s who recognise, individually, the same person as their Monarch and Head of State
;Papua New Guinea is one of these. Despite sharing the same person as their respective national monarch, each of the Commonwealth realms — including Papua New Guinea — is sovereign and independent of the others.
Papua New Guinea has a common monarchy with Britain and the other Commonwealth realm
s, and though laws governing the line of succession to the Papua New Guinean throne lie within the control of the Papua New Guinean Parliament, Papua New Guinea cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship by means of a constitutional amendment. This situation applies symmetrically in all the other realms, including the UK.
On all matters of the Papua New Guinean State, the Monarch is advised solely by Papua New Guinean ministers
.
, as stated by section 85 of the Constitution of the Independent State of Papua New Guinea..
This style communicates Papua New Guinea's status as an independent monarchy, highlighting the Monarch's role specifically as Queen of Papua New Guinea, as well as the shared aspect of the Crown throughout the realms. Typically, the Sovereign is styled "Queen of Papua New Guinea," and is addressed as such when in Papua New Guinea, or performing duties on behalf of Papua New Guinea abroad.
(b) having graciously consented so to become, is the Queen and Head of State of Papua New Guinea.' She is referred to in the Constitution as ‘Head of State’.
All powers of state are constitutionally derived from the people, (Preamble) through the Constituent Assembly (sec.82). These powers are entrusted to the Head of State, who is represented by the Governor General of Papua New Guinea — appointed by the Monarch upon the nomination of the National Parliament of Papua New Guinea
the Monarch is informed of the Prime Minister's decision before the Governor General gives Royal Assent
.
, made up of Ministers of the Crown
. It has been said since the death of Queen Anne
in 1714, the last monarch to head the British cabinet, that the monarch "reigns" but does not "rule". In exceptional circumstances, however, the Monarch or vice-regal can act against such advice based upon his or her reserve power
s.
There are also a few duties which must be specifically performed by, or bills that require assent by the Queen
. These include: signing the appointment papers of Governors General, the confirmation of awards of honours, and approving any change in her title.
It is also possible that if the Governor General decided to go against the Prime Minister's or the government's advice, the Prime Minister could appeal directly to the Monarch, or even recommend that the Monarch dismiss the Governor General.
The Constitution provides that the Queen's heirs shall succeed her as Head of State. Succession to the throne is by equal primogeniture
, and governed by the provisions of the Act of Settlement
, as well as the English Bill of Rights. These documents, though originally passed by the Parliament of England
, can be amended as they apply in Papua New Guinea by the Papua New Guinean parliament.
This legislation lays out the rules that the Monarch cannot be a Roman Catholic, nor married to one, and must be in communion with the Church of England
upon ascending the throne. As Papua New Guinea's laws governing succession are currently identical to those of the United Kingdom see Succession to the British Throne
for more information.
The heir apparent
is Elizabeth II's eldest son, Charles, Prince of Wales
.
; it and proclamation are required for all acts of Parliament, usually granted or withheld by the Governor General. The Vice-Regals may reserve a bill for the Monarch's pleasure, that is to say, allow the Monarch to make a personal decision on the bill. The Monarch has the power to disallow a bill (within a time limit specified by the constitution).
The Sovereign is deemed the "fount of justice," and is responsible for rendering justice for all subjects. The Sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. The common law holds that the Sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the Monarch personally are not cognizable. The Sovereign, and by extension the Governor General, also exercises the "prerogative of mercy," and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial.
In Papua New Guinea the legal personality of the State
is referred to as "Her Majesty the Queen in Right of Papua New Guinea." For example, if a lawsuit is filed against the government, the respondent is formally described as Her Majesty the Queen in Right of Papua New Guinea. The monarch as an individual takes no more role in such an affair than in any other business of government.
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
of Papua New Guinea
Papua New Guinea
Papua New Guinea , officially the Independent State of Papua New Guinea, is a country in Oceania, occupying the eastern half of the island of New Guinea and numerous offshore islands...
is Queen Elizabeth II
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
. Papua New Guinea share the Sovereign with a number of Commonwealth realms. The monarch is constitutionally represented by the Governor-General of Papua New Guinea
Governor-General of Papua New Guinea
The Governor-General of Papua New Guinea is the viceregal representative of Queen Elizabeth II, known in Tok Pisin as 'Missis Kwin', Papua New Guinea's head of state, performing the duties of the Queen in her absence...
, whose roles and powers are laid out by the Constitution of the Independent State of Papua New Guinea.
International and domestic role
One of the most complicated features of the Papua New Guinean Monarchy is that it is a shared monarchy.54 states are members of the Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
. Sixteen of these countries are specifically Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s who recognise, individually, the same person as their Monarch and Head of State
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
;Papua New Guinea is one of these. Despite sharing the same person as their respective national monarch, each of the Commonwealth realms — including Papua New Guinea — is sovereign and independent of the others.
Development of shared monarchy
The Balfour Declaration of 1926 provided the dominions the right to be considered equal to Britain, rather than subordinate; an agreement that had the result of, in theory, a shared Crown that operates independently in each realm rather than a unitary British Crown under which all the dominions were secondary. The Monarchy thus ceased to be an exclusively British institution, although it has often been called "British" since this time (in both legal and common language) for reasons historical, legal, and of convenience. The Royal and Parliamentary Titles Act, 1927 was the first indication of this shift in law, further elaborated in the Statute of Westminster, 1931.Papua New Guinea has a common monarchy with Britain and the other Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s, and though laws governing the line of succession to the Papua New Guinean throne lie within the control of the Papua New Guinean Parliament, Papua New Guinea cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship by means of a constitutional amendment. This situation applies symmetrically in all the other realms, including the UK.
On all matters of the Papua New Guinean State, the Monarch is advised solely by Papua New Guinean ministers
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
.
Title
In Papua New Guinea, the Queen's official title is: Elizabeth the Second, Queen of Papua New Guinea and of Her other Realms and Territories, Head of the CommonwealthHead of the Commonwealth
The Head of the Commonwealth heads the Commonwealth of Nations, an intergovernmental organisation which currently comprises 54 sovereign states. The position is currently occupied by the individual who serves as monarch of each of the Commonwealth realms, but has no day-to-day involvement in the...
, as stated by section 85 of the Constitution of the Independent State of Papua New Guinea..
This style communicates Papua New Guinea's status as an independent monarchy, highlighting the Monarch's role specifically as Queen of Papua New Guinea, as well as the shared aspect of the Crown throughout the realms. Typically, the Sovereign is styled "Queen of Papua New Guinea," and is addressed as such when in Papua New Guinea, or performing duties on behalf of Papua New Guinea abroad.
Constitutional role
The role and powers of the monarch are set out in the Constitution. The Preamble to the Constitution states ‘that all power belongs to the people—acting through their duly elected representatives’. Nevertheless , according to section 82 of the Constitution, ‘1) Her Majesty the Queen— (a) having been requested by the people of Papua New Guinea, through their Constituent Assembly, to become the Queen and Head of State of Papua New Guinea; and(b) having graciously consented so to become, is the Queen and Head of State of Papua New Guinea.' She is referred to in the Constitution as ‘Head of State’.
All powers of state are constitutionally derived from the people, (Preamble) through the Constituent Assembly (sec.82). These powers are entrusted to the Head of State, who is represented by the Governor General of Papua New Guinea — appointed by the Monarch upon the nomination of the National Parliament of Papua New Guinea
National Parliament of Papua New Guinea
The National Parliament of Papua New Guinea is the unicameral national legislature in Papua New Guinea. It was first created in 1964 as the House of Assembly of Papua and New Guinea, but gained its current name with the granting of independence in 1975....
the Monarch is informed of the Prime Minister's decision before the Governor General gives Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
.
Duties
Most of the Queen's domestic duties are performed by the Governor General. The Governor-General represents the Queen on ceremonial occasions such as the opening of Parliament, the presentation of honours and military parades. Under the Constitution, he is given authority to act in some matters, for example in appointing and disciplining officers of the civil service, in proroguing Parliament. As in the other Commonwealth realms, however, the Monarch's role, and thereby the viceroy's role, is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments operate, and the powers that are constitutionally hers are exercised almost wholly upon the advice of the CabinetCabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
, made up of Ministers of the Crown
Minister of the Crown
Minister of the Crown is the formal constitutional term used in the Commonwealth realms to describe a minister to the reigning sovereign. The term indicates that the minister serves at His/Her Majesty's pleasure, and advises the monarch, or viceroy, on how to exercise the Crown prerogatives...
. It has been said since the death of Queen Anne
Anne of Great Britain
Anne ascended the thrones of England, Scotland and Ireland on 8 March 1702. On 1 May 1707, under the Act of Union, two of her realms, England and Scotland, were united as a single sovereign state, the Kingdom of Great Britain.Anne's Catholic father, James II and VII, was deposed during the...
in 1714, the last monarch to head the British cabinet, that the monarch "reigns" but does not "rule". In exceptional circumstances, however, the Monarch or vice-regal can act against such advice based upon his or her reserve power
Reserve power
In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the...
s.
There are also a few duties which must be specifically performed by, or bills that require assent by the Queen
Queen regnant
A queen regnant is a female monarch who reigns in her own right, in contrast to a queen consort, who is the wife of a reigning king. An empress regnant is a female monarch who reigns in her own right over an empire....
. These include: signing the appointment papers of Governors General, the confirmation of awards of honours, and approving any change in her title.
It is also possible that if the Governor General decided to go against the Prime Minister's or the government's advice, the Prime Minister could appeal directly to the Monarch, or even recommend that the Monarch dismiss the Governor General.
Succession
Primogeniture
Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...
, and governed by the provisions of the Act of Settlement
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
, as well as the English Bill of Rights. These documents, though originally passed by the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
, can be amended as they apply in Papua New Guinea by the Papua New Guinean parliament.
This legislation lays out the rules that the Monarch cannot be a Roman Catholic, nor married to one, and must be in communion with the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
upon ascending the throne. As Papua New Guinea's laws governing succession are currently identical to those of the United Kingdom see Succession to the British Throne
Succession to the British Throne
Succession to the British throne is governed both by common law and statute. Under common law the crown is currently passed on by male-preference primogeniture. In other words, succession passes first to an individual's sons, in order of birth, and subsequently to daughters, again in order of birth....
for more information.
The heir apparent
Heir apparent
An heir apparent or heiress apparent is a person who is first in line of succession and cannot be displaced from inheriting, except by a change in the rules of succession....
is Elizabeth II's eldest son, Charles, Prince of Wales
Charles, Prince of Wales
Prince Charles, Prince of Wales is the heir apparent and eldest son of Queen Elizabeth II and Prince Philip, Duke of Edinburgh. Since 1958 his major title has been His Royal Highness The Prince of Wales. In Scotland he is additionally known as The Duke of Rothesay...
.
Legal role
All laws in Papua New Guinea are enacted with the sovereign's, or the vice-regal's signature. The granting of a signature to a bill is known as Royal AssentRoyal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
; it and proclamation are required for all acts of Parliament, usually granted or withheld by the Governor General. The Vice-Regals may reserve a bill for the Monarch's pleasure, that is to say, allow the Monarch to make a personal decision on the bill. The Monarch has the power to disallow a bill (within a time limit specified by the constitution).
The Sovereign is deemed the "fount of justice," and is responsible for rendering justice for all subjects. The Sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. The common law holds that the Sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the Monarch personally are not cognizable. The Sovereign, and by extension the Governor General, also exercises the "prerogative of mercy," and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial.
In Papua New Guinea the legal personality of the State
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
is referred to as "Her Majesty the Queen in Right of Papua New Guinea." For example, if a lawsuit is filed against the government, the respondent is formally described as Her Majesty the Queen in Right of Papua New Guinea. The monarch as an individual takes no more role in such an affair than in any other business of government.