Constitutional Law Review (Constitutional Directive) Process

Reviewing the Constitution and or an Organic Law (Constitutional Law) is based on directives, called Constitutional Directive, by the Head of State, acting on advice of the National Executive Council (NEC). A constitutional directive can be triggered by an NEC policy submission by the Commission through the Minister for Justice & Attorney-General or by the NEC itself. When a policy submission on the review of a constitutional law is received by the NEC, the NEC takes a decision on it and further advises the Head of State to issue a formal Constitutional Directive through a gazettal notice to the Commission to undertake a review and report to the Government within a required timeframe.

The CLRC is the only constitutional office in Papua New Guinea which has the power to review the Constitution and the Organic Laws; apart from the CLRC, no other constitutional office, department or agency of government has that mandate.

After CLRC receives a constitutional directive from the Head of State, it follows the steps below:

  • Establish an internal secretariat;

  • Develop a work plan;

  • Establish an External Secretariat;

  • Launch the review;

  • Nationwide consultations;

  • Draft report;

  • Workshop;

  • Final report; and,

  • Presentation of the Final Report to the Prime Minister.

As of 2024, the Commission has completed a total of four (4) constitutional directives. The most recent one is the Constitutional Directive 4: Review of the Form and System of Government – The Election of the Prime Minister by the People. The final report for this directive was submitted to the Prime Minister in May 2024. Past constitutional directives the Commission completed are:

  • Constitutional Directive 3: The Review on the Declaration of Papua New Guinea as a Christian Country in the Constitution 2021

  • Constitutional Directive 2: Review of the Organic Law on National and Local-level Government Elections and Related Laws and Systems in 2018

  • Constitutional Directive 1: Review of the Organic Law on National and Local-level Governments in 2014

Constitutional Directive Terms Of References Advisory and Draft Services Underlying Law Colonial Law Supreme Court References Library Services