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Tongan culture not a tool to interpret Constitution, say plaintiffs [1]

Nuku'alofa, Tonga

Tuesday, August 31, 2004 - 17:45.  Updated on Monday, January 20, 2014 - 11:25.

Day two of the Constitutional Judicial Review proceeded with the legal counsel for the Plaintiffs, Dr Rodney Harrison making his submission, setting out facts to support his claim that the amendment of Clause 7 of the Constitution and the introduction of restrictive media legislation last year was unconstitutional.

The thrust of Harrison's presentation was to dispute an affidavit by a Tongan Scholar, Dr 'Ana Taufe'ulungaki, who claimed that the Tongan culture and custom has a bearing on a Tongan interpretation of the Constitution. Dr Harrison referred to speeches made by Tupou I, dubbed as the father of modern Tonga, when he said that the days when his word was law were of the past and now all Tongans were all equal under the law. Harrison said that the Tongan culture cannot be used as a tool to interpret the Constitution. He stressed that Tupou I was embracing a western system of government and a western ideal.

In adopting this new system the king did not make the law, parliament makes the law, and the king only holds the power to veto.

Dr Harrison will finish his submission tomorrow, before the defence lawyers make their submissions, and the hearing is expected to be completed by Thursday.

Tonga [2]
Tongans [3]
Tongan Constitution [4]
Constitutional Judicial Review [5]
Tupou I [6]
Tongan equality [7]
From the Courts [8]

Source URL:https://matangitonga.to/2004/08/31/tongan-culture-not-tool-interpret-constitution-say-plaintiffs

Links
[1] https://matangitonga.to/2004/08/31/tongan-culture-not-tool-interpret-constitution-say-plaintiffs [2] https://matangitonga.to/tag/tonga?page=1 [3] https://matangitonga.to/tag/tongans?page=1 [4] https://matangitonga.to/tag/tongan-constitution?page=1 [5] https://matangitonga.to/tag/constitutional-judicial-review?page=1 [6] https://matangitonga.to/tag/tupou-i?page=1 [7] https://matangitonga.to/tag/tongan-equality?page=1 [8] https://matangitonga.to/topic/courts?page=1