Samoa: constitutional governance and customary law
Article
Article Title | Samoa: constitutional governance and customary law |
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ERA Journal ID | 36802 |
Article Category | Article |
Authors | |
Author | Breda, Vito |
Journal Title | Revue juridique polyne´sienne |
Journal Citation | 23, pp. 163-180 |
Number of Pages | 18 |
Year | 2019 |
Place of Publication | Wellington, New Zealand |
ISSN | 1772-1644 |
Web Address (URL) | https://www.victoria.ac.nz/law/research/publications/about-nzacl/publications/special-issues/hors-serie-volume-xxiii,-2019 |
Abstract | This article discusses the Samoan constitutional system and its distinctive ‘mix’ of traditional and modern democracy. On the one hand, the Constitution endorses a series of universal values and the division of power. On the other hand, the chief of the family, called the Matai, is chosen by consensus and s/he still has a distinctive public role within the local council and the parliament. The cooperation and antagonism between modernity and tradition has, over the years, generated a dynamic balance which is perceived by some as hindering the administrative efficiency of the Independent State of Samoa. A process of the constitutional recognition of a national identity might increase the level of complexity of the system of governance but that should not be automatically associated with hindering effects. The article is divided into two main parts. The first part discusses two key aspects of the traditional system of governance called the fa’asamoa and the fa’amatai. The second part evaluates the critiques levelled against the constitutional recognition of traditional identities. |
Keywords | Samoa, constitutional law, constitutional recognition, fa’amatai, social development, consociative democracy |
ANZSRC Field of Research 2020 | 380113. Public economics - public choice |
480299. Environmental and resources law not elsewhere classified | |
451130. Te Tiriti o Waitangi (The Treaty of Waitangi) | |
489999. Other law and legal studies not elsewhere classified | |
480701. Administrative law | |
480702. Constitutional law | |
450107. Aboriginal and Torres Strait Islander history | |
450599. Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified | |
480302. Comparative law | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q517w/samoa-constitutional-governance-and-customary-law
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