government

How the government works

ACCORDING to Clause 30 of the Tongan constitution the government of the Kingdom is divided into three bodies - (1) the King, Privy Council and Cabinet, (2) the Legislature As sembly and (3) the Judiciary. But as Australian academic and student of the Tongan constitution Dr Guy Powles points out, the clause does not itself guarantee the idea of the “separation of powers”.

This, according to Dr Powles, is regarded as essential in states which wish to ensure the “rule of law”. He said in Tonga, it is left to the courts to decide whether to import this prin ciple, and if so, to what extent it should be applied.

Dr Powles said the next clause, 31, appears to confirm the principle that the government of Tonga is to be constitutional “under His Majesty, his heirs and successors”. W hile this clause confers no specific powers on the King, it is one of several clauses which may be used by the courts to interpret the constitution in a particular way.

“1 he clauses seem to confirm the reality that the constitution intends the King to have the real political and legal powers unaffected by the sort of unwritten constitutional conventional conventions which normally limit the powers of the crown,” said Dr Powles.

Also the present make-up of the Tongan parliament gives the nobles complete dominance. Parliament com prises nine commoner members or people’s representatives represent ing 95 per cent of the population nine nobles representing the 33 noble titles and 12 cabinet ministers ap pointed for life by the King. □