The Law of Tuvalu comprises the legislation voted into law by the

Parliament of Tuvalu The Parliament of Tuvalu (called ''Fale i Fono'' in Tuvaluan, or ''Palamene o Tuvalu'') is the unicameral national legislature of Tuvalu. The place at which the parliament sits is called the ''Vaiaku maneapa''. The ''maneapa'' on each island is ...

and statutory instruments that become law; certain Acts passed by the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

(during the time Tuvalu was either a British protectorate or British colony); the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

; and customary law (particularly in relation to the ownership of land). The land tenure system is largely based on ''kaitasi'' (extended family ownership).

The Constitution

The '' Constitution of Tuvalu'' states that it is "the supreme law of Tuvalu" and that "all other laws shall be interpreted and applied subject to this Constitution"; it sets out the Principles of the Bill of Rights and the Protection of the Fundamental Rights and Freedoms.

Laws of Tuvalu Act 1987

By virtue of section 42(2) of the Laws of Tuvalu Act 1987, the Law of Tuvalu includes customary law. Schedule 1 paragraph 3 and 4 of the Laws of Tuvalu Act 1987 require that courts must take customary law into account when considering specified matters in criminal and civil proceedings. The law that existed at the time of independence is preserved in Schedule 5 sections 1 and 2 of the Constitution as “any Acts of the Parliament of the United Kingdom, Orders of Her Majesty in Council, Ordinances, rules, regulations, orders or other instruments having effect as part of the law of Tuvalu”, subject to these laws not being in conflict with any provisions in the Constitution. This provision is reinforced by the Laws of Tuvalu Act 1987: “An Act to declare what constitutes the Laws of Tuvalu”. Section 4 of the Laws of Tuvalu Act 1987 describes the laws as being derived from: the Constitution, the law enacted by the Parliament of Tuvalu, customary law, the

of Tuvalu and every applied law. ‘Applied law’ is defined in section 7 of that Act as “imperial enactments which have effect as part of the law of Tuvalu”.

Imperial enactments

The laws of Tuvalu include some statutes from the 1892 to 1916 era when the islands were administered as part of the British

protectorate A protectorate, in the context of international relations, is a state that is under protection by another state for defence against aggression and other violations of law. It is a dependent territory that enjoys autonomy over most of its int ...

of the British Western Pacific Territories (the ‘Western Pacific Legislation’); other laws were enacted by the

during the time the islands were administered as part of the Gilbert and Ellice Islands Colony (from 1916 to 1974); and the during the time of the Colony of Tuvalu (from 1 January 1976 to 1 October 1978 - prior to independence).

Current laws of Tuvalu

The laws of Tuvalu are published online by the Office of the Attorney General of Tuvalu; also by the

Pacific Islands Legal Information Institute ThPacific Islands Legal Information Institute(PacLII) collects and publishes legal materials from 20 Pacific Islands Countries on its website www.paclii.org. These countries are American Samoa, Cook Islands, Federated States of Micronesia, Fiji Isla ...

, with the law set out in the 2008 Revised Edition; with a list of current legislation (up to 2012).

Attorney General of Tuvalu

According to a 2003 source, the Attorney General of Tuvalu "is the principal adviser to the Government." The Attorney General is considered a public officer, though not a Member of Parliament or a Minister. While the Attorney General does sit in Parliament in a legal advising capacity and may partake in proceedings that align with the Parliamentary Rules of Procedure, s/he does not have any voting rights. Upon request, the Attorney General may advise "Statutory Corporations and Local Governments." *The Attorney General served as the Acting Attorney General for years before their final appointment.

Judiciary

Courts are established in Tuvalu to resolve disputes and to interpret the laws of Tuvalu. There are eight Island Courts and Lands Courts; appeals in relation to land disputes are made to the Lands Courts Appeal Panel. Appeals from the Island Courts and the Lands Courts Appeal Panel are made to the Magistrates Court, which has jurisdiction to hear civil cases involving up to $10,000. The superior court is the

High Court of Tuvalu The High Court of Tuvalu is the superior court of Tuvalu. It has unlimited original jurisdiction to determine the Law of Tuvalu and hears appeals from the lower courts. General jurisdiction of the High Court The High Court of Tuvalu has general ...

as it has unlimited original jurisdiction and hears appeals from the lower courts. Rulings of the High Court can be appealed to the Court of Appeal of Tuvalu. From the Court of Appeal there is a right of appeal to the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...

in London. There is The People's Lawyer in Tuvalu who represents clients for free in cases involving land disputes, civil disputes, criminal law, family law and business formation.

Human rights in Tuvalu

Tuvalu is a state party to the following human rights treaties: the

Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Co ...

(CRC); the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and; the Convention on the Rights of Persons with Disabilities (CRPD). Tuvalu has commitments to ensuring human rights are respected under the Universal periodic Review (UPR), the Sustainable Development Goals (SDGs) and the ''Te Kakeega III - National Strategy for Sustainable Development-2016-2020'' (TK III), which sets out the development agenda of the Government of Tuvalu.

References

External links

* * * * * * {{DEFAULTSORT:Law of Tuvalu

Tuvalu Tuvalu ( or ; formerly known as the Ellice Islands) is an island country and microstate in the Polynesian subregion of Oceania in the Pacific Ocean. Its islands are situated about midway between Hawaii and Australia. They lie east-nor ...