This week the highest court in Papua New Guinea unanimously ruled that the detention camps established by Australia on Manus Island are unconstitutional, which is to say illegal.
There were two layers to the decision, both of which went against the case for the legality of the camps. The first was that the establishment of the camps was unconstitutional. The second was that the constitutional amendment designed to authorise the establishment of the camps was itself unconstitutional.
The next day the PNG Prime Minister Peter O’Neill announced that the camps would be closed. Bear in mind that the case was brought and won by the leader of the opposition. The PNG Supreme Court may have displayed greater moral fortitude and constitutional rigor than the High Court of Australia, but politics is politics wherever we look.
Two constitutions, four islands: Australia, Papua New Guinea, Manus and Nauru
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