The Constitution of
Tonga
Tonga (, ; ), officially the Kingdom of Tonga ( to, Puleʻanga Fakatuʻi ʻo Tonga), is a Polynesian country and archipelago. The country has 171 islands – of which 45 are inhabited. Its total surface area is about , scattered over in ...
is supreme law under which the Government of Tonga operates. It was enacted by
King George Tupou I
George Tupou I (4 December 1797 – 18 February 1893), originally known as Tāufaʻāhau I, was the first king of modern Tonga. He adopted the name Siaosi (originally Jiaoji), the Tongan equivalent of '' George'', after King George III of the ...
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.
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
In Abrahamic religions, the Sabbath () or Shabbat (from Hebrew ) is a day set aside for rest and worship. According to the Book of Exodus, the Sabbath is a day of rest on the seventh day, commanded by God to be kept as a holy day of rest, as G ...
on Sunday during which no trade or professional or commercial undertakings are to be pursued. It applies the
writ of Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
to its people and provides for the basic rights of the accused, such as protection from
double jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
. 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
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
in which the King exercises executive power through his
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
. Legislative power is vested in the
Legislative Assembly. The King can legislate through the
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
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.
References
Text of the Constitution
See also
*
Flag of Tonga
The flag of Tonga consists of a red field with a white canton charged with a red couped cross. Adopted in 1875 after being officially enshrined into the nation's constitution, it has been the flag of the Kingdom of Tonga since that year. The ...
Politics of Tonga
Government of Tonga
1875 in Tonga
Tonga
Tonga (, ; ), officially the Kingdom of Tonga ( to, Puleʻanga Fakatuʻi ʻo Tonga), is a Polynesian country and archipelago. The country has 171 islands – of which 45 are inhabited. Its total surface area is about , scattered over in ...
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