Constitution of Tonga

Last updated

The Constitution of Tonga is supreme law under which the Government of Tonga operates. It was enacted by King George Tupou I on 4 November 1875. It stipulates the makeup of the Tongan Government and the balance between its executive, legislature, and judiciary. The anniversary of its passage is celebrated annually as Tonga's Constitution Day.

Contents

The constitution is separated into three parts. Part one is a declaration of rights of the Tongan people. Part two addresses the form of government. Part three provides laws for land ownership, succession, and sale.

The Declaration of Rights provides for the basic human rights of the people of Tonga. It firstly established Tonga as a free nation. It prohibits slavery except as a form of punishment for a great crime and establishes Tonga as a haven for those who have escaped slavery in a foreign nation. It establishes equal law for all citizens of Tonga despite their class or ethnicity. The constitution provides the freedoms of worship, press, speech, petition, and assembly as well. It establishes a Sabbath day on Sunday during which no trade or professional or commercial undertakings are to be pursued. It applies the writ of Habeas Corpus to its people and provides for the basic rights of the accused, such as protection from double jeopardy. It establishes a national tax in return for protection of life, liberty, and property. It holds soldiers equally accountable to civil law. It establishes the qualifications to be selected as a juror and establishes an age of maturity for the inheritance of title or land. Finally, it states that any foreigner who has lived in Tonga for at least 5 years may take an oath of allegiance and become a naturalized citizen, granted all the same rights and privileges of natural-born Tongans except for the right of hereditary tax allotments.

Tonga is a semi-constitutional monarchy in which the King exercises executive power through his Cabinet. Legislative power is vested in the Legislative Assembly. The King can legislate through the Privy Council when the Assembly is not in session, but such ordinances must be subsequently confirmed by the Assembly to become law.

The constitution can be amended by the Legislative Assembly, provided this does not affect the "law of liberty", the monarchical succession, or the titles or estates of the nobles. Amendments must pass the Legislative Assembly three times, and be unanimously supported by the Privy Council.

Related Research Articles

<span class="mw-page-title-main">History of Tonga</span>

The history of Tonga is recorded since the ninth century BC, when seafarers associated with the Lapita diaspora first settled the islands which now make up the Kingdom of Tonga. Along with Fiji and Samoa, the area served as a gateway into the rest of the Pacific region known as Polynesia. Ancient Tongan mythologies recorded by early European explorers report the islands of 'Ata and Tongatapu as the first islands having been hauled to the surface from the deep ocean by Maui.

<span class="mw-page-title-main">Politics of Tonga</span>

The politics of Tonga take place in a framework of a constitutional monarchy, whereby the King is the Head of State and the Commander-in-Chief of the Armed Forces. Tonga's Prime Minister is currently appointed by the King from among the members of Parliament after having won the support of a majority of its members. Executive power is vested in the Cabinet of Ministers. Legislative power is vested in the King in Parliament, and judicial power is vested in the supreme court.

<span class="mw-page-title-main">Basic Laws of Sweden</span> Constitutional law of Sweden

The Basic Laws of Sweden are the four constitutional laws of the Kingdom of Sweden that regulate the Swedish political system, acting in a similar manner to the constitutions of most countries.

The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual states that make up the United States of America. It consists of a preamble, declaration of rights, description of the principles and framework of government, and articles of amendment.

<span class="mw-page-title-main">Constitution of Spain</span> Principles, institutions and law of political governance in Spain

The Spanish Constitution is the supreme law of the Kingdom of Spain. It was enacted after its approval in a constitutional referendum; it represents the culmination of the Spanish transition to democracy.

<span class="mw-page-title-main">Constitution of Virginia</span> Principles, institutions, and law of political governance in the U.S. state of Virginia

The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government, though it may be superseded by the United States Constitution and U.S. federal law as per the Supremacy Clause.

<span class="mw-page-title-main">Constitution of Connecticut</span>

The Constitution of the State of Connecticut is the basic governing document of the U.S. state of Connecticut. It was approved by referendum on December 14, 1965, and proclaimed by the governor as adopted on December 30. It comprises 14 articles and has been amended 31 times.

<span class="mw-page-title-main">Fundamental Rights, Directive Principles and Fundamental Duties of India</span> Rights provided to Indian citizens

The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India.

The Constitution of the Argentine Nation is the basic governing document of Argentina, and the primary source of existing law in Argentina. Its first version was written in 1853 by a constitutional assembly which gathered in Santa Fe; the doctrinal basis was taken in part from the United States Constitution. It was then reformed in 1860, 1866, 1898, 1949, 1957, and the current version is the reformed text of 1994. It's the seventh oldest national constitution currently in effect being ratified on May 1, 1853.

<span class="mw-page-title-main">Legislative Assembly of Tonga</span> National legislature of Tonga

The Legislative Assembly of Tonga is the unicameral legislature of Tonga.

<span class="mw-page-title-main">Constitution of Belgium</span> Fundamental law of Belgium, most recently revised in 1993

The Constitution of Belgium dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the separation of powers.

<span class="mw-page-title-main">1997 constitution of Thailand</span> Fundamental law of Thailand from 1997 to 2006; landmark of Thai democratic reform

The Constitution of the Kingdom of Thailand, Buddhist Era 2540 (1997) was a constitution of Thailand enacted on 11 October 1997 to replace the 1991 Constitution, and was widely hailed as a landmark in Thai democratic constitutional reform, it represented the most democratic constitution in the nation's history. The Constituent assembly was elected by the National Assembly (Thailand) on 26 December 1996, shortly after 1996 Thai general election.

<span class="mw-page-title-main">Law of the British Virgin Islands</span>

The law of the British Virgin Islands is a combination of common law and statute, and is based heavily upon English law.

<span class="mw-page-title-main">Constitution of Indiana</span> State Constitution

The Constitution of Indiana is the highest body of state law in the U.S. state of Indiana. It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is subordinate only to the U.S. Constitution and federal law. Prior to the enactment of Indiana's first state constitution and achievement of statehood in 1816, the Indiana Territory was governed by territorial law. The state's first constitution was created in 1816, after the U.S. Congress had agreed to grant statehood to the former Indiana Territory. The present-day document, which went into effect on November 1, 1851, is the state's second constitution. It supersedes Indiana's 1816 constitution and has had numerous amendments since its initial adoption.

Tongan nationality law is regulated by the 1875 Constitution of Tonga, as amended; the Nationality Act, and its revisions; and international agreements entered into by the government of Tonga. These laws determine who is, or is eligible to be, a national of Tonga. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Tongan nationality is typically obtained either on the principle of jus soli, i.e. by birth in Tonga or under the rules of jus sanguinis, i.e. by birth abroad to parents with Tongan nationality. It can be granted to persons who have lived in the country for a specific period of time, or who have an affiliation to the country through naturalisation.

<span class="mw-page-title-main">Privy Council of Tonga</span>

The Privy Council of Tonga is the highest ranking council to advise the Monarch in the Kingdom of Tonga. It is empowered to advise the King in his capacity as Head of State and Fountain of Justice under the provisions of Clause 50 (1) of the Constitution of Tonga:

<span class="mw-page-title-main">Constitution of the United Kingdom</span> Uncodified constitution of the UK

The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched.

Tonga is a constitutional monarchy with a population of approximately 130,000. Politics and the economy are dominated by the king, the nobility, and a few prominent commoners. Economic, social and cultural rights are generally well respected. There are, however, a number of issues concerning protection of civil and political rights, particularly freedom of expression, and rights to political participation. Violence against women is a serious issue.

The Maryland Declaration of Rights is series of statements establishing certain rights for people in Maryland. The Declaration of Rights opens the Maryland Constitution and has appeared in some form in all Maryland Constitutions since the first version in 1776. The Declaration began with 42 distinct articles and now, after amendments, contains 47. These include the guarantee of free speech, protection for people involved in legal cases, a prohibition on monopolies, and, by 1972 amendment, equal rights for the sexes under the law.

Women's rights in Tonga, as compared to the United Nations goals of CEDAW, fail to comply entirely with the conventions requirements. Although considerations have been made by the Tongan parliament and government, ratification of CEDAW still remains unresolved. Factors determining the non-ratification of CEDAW are related to cultural protectionism of the Anga Fakatonga or "the Tongan way" of Tongan culture. Issues of Women's rights in Tonga include factors of women's land right, violence against women, political participation in parliament, and general cultural attitude towards the gender inequalities within Tonga. Many of the issues of gender inequalities within the Tongan culture are reinforced in the home and complex structures of the cultural family hierarchy.

References

    Further reading

    See also