Constitution

Tuvalu 1986 Constitution (reviewed 2010)

Table of Contents

PART I. THE STATE AND THE CONSTITUTION

DIVISION 1. THE STATE

1. The State

Tuvalu is a sovereign democratic State, governed in accordance with this Constitution and in particular in accordance with the Principles set out in the Preamble.

2. The area of Tuvalu

  1. Subject to subsections (3) and (4), the area of Tuvalu consists of the land areas referred to in subsection (2), together with-
    1. the territorial sea and the inland waters as declared by law, the land beneath them, and the air space above; and
    2. such additional lands and waters as are declared by law to be part of the land area of Tuvalu.
  2. The land areas referred to in subsection (1) consist of all islands, rocks and reefs within the area bounded by-
    1. the parallel 05°S; and
    2. the meridian 180°E; and
    3. the parallel 11°S ; and
    4. the meridian 176°E,

    together with all small islands, islets, rocks and reefs depending on them.

  3. For the purpose of implementing any international agreement binding on Tuvalu and approved by Parliament by resolution for the purposes of this section, subsection (2) may be amended by Act of Parliament made in accordance with section 7 (alteration to the Constitution generally), without reference to the requirement of a special majority of votes under section 7(3) (which requires Bills to alter the Constitution to be passed by a two-thirds majority in Parliament).
  4. Nothing in this section prevents a law from proclaiming the jurisdiction of Tuvalu, complete or partial, over any area of land or water or airspace above, or prevents a law from having extra-territorial effect in accordance with section 84 (vesting of the law-making power).

DIVISION 2. THE CONSTITUTION

3. The Constitution as supreme law

  1. This Constitution is the supreme law of Tuvalu and, subject to subsection (2), any act (whether legislative, executive or judicial) that is inconsistent with it is, to the extent of the inconsistency, void.
  2. All other laws shall be interpreted and applied subject to this Constitution, and, as far as is practicable, in such a way as to conform with it.

4. Interpretation of the Constitution

  1. The provisions of Schedule 1 (Rules for the Interpretation of the Constitution) apply for the purpose of the interpretation of this Constitution.
  2. In all cases, this Constitution shall be interpreted and applied consistently with the Principles set out in the Preamble.
  3. Subject to subsection (2), this Constitution shall be interpreted and applied in such a way as to achieve the aims of fair and democratic government, in the light of reason and experience and of Tuvaluan values.

5. Jurisdiction of the High Court in constitutional matters

The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by-

  1. section 14 (Parliamentary declaration of purpose); and
  2. Division 5 of Part II (Enforcement of the Bill of Rights);
  3. section 131 (constitutional interpretation),

and otherwise by law.

DIVISION 3. ALTERATION OF THE CONSTITUTION

6. Interpretation of Division 3

In this Division, a reference to this Constitution includes a reference to any other law so far as that law alters the Constitution.

7. Alteration of the Constitution generally

  1. An Act of Parliament may alter this Constitution.
  2. A Bill for an Act to alter the Constitution must state that it is a Bill to alter this Constitution.
  3. Subject to-
    1. section 2(3) (which relates to alterations to the description of the land areas of Tuvalu); and
    2. section 8 (alterations to the Constitution to give effect to U.K. constitutional arrangements),

    a Bill for an Act to alter this Constitution is not passed by Parliament unless it is supported at its final reading in Parliament by the votes of two-thirds of the total membership of Parliament.

  4. A Bill for an Act to alter this Constitution shall not be excluded from the operation of section 111(2) (which relates to the circulation of Bills to local governments and authorities).

8. Alteration of the Constitution to give effect to U.K. constitutional change

  1. If as a result of constitutional change in or in relation to, or affecting, the United Kingdom any provision of, or any reference in, this Constitution ceases to be appropriate, the Head of State, acting in accordance with the advice of the Cabinet, may, by order, make such alterations to this Constitution as appear to be necessary or convenient to adapt it to the new constitutional arrangements.
  2. An order under subsection (1)-
    1. shall be presented to Parliament by the Prime Minister; and
    2. unless previously confirmed, with or without modification, by an Act of Parliament, expires at the end of the second session of Parliament that commences after it is made.
  3. The requirement of a special majority of votes under section 7(3) (which requires Bills to alter the Constitution to be passed by a two-thirds majority in Parliament) does not apply in relation to a Bill for the purposes of subsection(2)(b).
  4. A Bill for the purposes of subsection (2)(b) shall not be excluded from the operation of section 111(2) (which relates to the circulation of Bills to local governments).
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