Tuvalu - Revision history

IBJadmin at 11:08, 7 March 2025

2025-03-07T11:08:58Z

← Older revision		Revision as of 13:08, 7 March 2025
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	~~'''~~<~~big~~>~~Warning : This country page is awaiting review by a local legal professional~~. If you are a ~~qualified legal expert with knowledge of Tuvalu's legal system~~, please ~~contact~~ us ~~to contribute your insights and help ensure the accuracy of the content~~.</~~big~~>~~'''~~		{{Languages\|English}}

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			⚠️ <strong><u>THIS PAGE IS CURRENTLY UNDER LEGAL REVIEW.</u></strong> <br>If you are a practicing attorney in this jurisdiction and can provide corrections, please get in touch with us at <strong>internationalbridges@ibj.org</strong>.
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IBJadmin at 09:03, 10 September 2024

2024-09-10T09:03:18Z

← Older revision		Revision as of 11:03, 10 September 2024
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	'''<big>Warning : This country page is awaiting review by a local legal professional. If you are a qualified legal expert with knowledge of Tuvalu's legal system, please contact us to contribute your insights and help ensure the accuracy of the content.</big>'''		'''<big>Warning : This country page is awaiting review by a local legal professional. If you are a qualified legal expert with knowledge of Tuvalu's legal system, please contact us to contribute your insights and help ensure the accuracy of the content.</big>'''


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	== '''I. Country History''' ==		== '''I. Country History''' ==

IBJadmin at 09:02, 10 September 2024

2024-09-10T09:02:57Z

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	~~[[File:THE CONSTITUTION OF TUVALU ACT 2023.pdf~~\|~~thumb]]~~		{\| class="wikitable"
	~~[[File:Tuvalu Criminal Procedure Code, 2022 version.pdf~~\|~~thumb]]~~		\|+ Caption text
	~~[[File:MAGISTRATES’ COURTS ACT.pdf~~\|~~thumb]]~~		\|-
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	== '''I. Country History''' ==		== '''I. Country History''' ==

IBJadmin at 09:02, 10 September 2024

2024-09-10T09:02:29Z

← Older revision		Revision as of 11:02, 10 September 2024
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	'''<big>Warning : This country page is awaiting review by a local legal professional. If you are a qualified legal expert with knowledge of Tuvalu's legal system, please contact us to contribute your insights and help ensure the accuracy of the content.</big>'''		'''<big>Warning : This country page is awaiting review by a local legal professional. If you are a qualified legal expert with knowledge of Tuvalu's legal system, please contact us to contribute your insights and help ensure the accuracy of the content.</big>'''


			[[File:THE CONSTITUTION OF TUVALU ACT 2023.pdf\|thumb]]
			[[File:Tuvalu Criminal Procedure Code, 2022 version.pdf\|thumb]]
			[[File:MAGISTRATES’ COURTS ACT.pdf\|thumb]]

	== '''I. Country History''' ==		== '''I. Country History''' ==

IBJadmin: /* • High court */

2024-09-10T08:57:43Z

• High court

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	==== '''5. Court Procedures ====		==== '''5. Court Procedures ====

	===== • High court ''' =====		===== '''• High court''' =====

	The powers of the High court are laid out in section 280 of the CPC :		The powers of the High court are laid out in section 280 of the CPC :

IBJadmin: /* Warning : This country page is awaiting review by a local legal professional. If you are a qualified legal expert with knowledge of Tuvalu's legal system, please contact us to contribute your insights and help ensure the accuracy of the content. */

2024-09-10T08:54:29Z

Warning : This country page is awaiting review by a local legal professional. If you are a qualified legal expert with knowledge of Tuvalu's legal system, please contact us to contribute your insights and help ensure the accuracy of the content.

← Older revision		Revision as of 10:54, 10 September 2024
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	~~===~~ Warning : This country page is awaiting review by a local legal professional. If you are a qualified legal expert with knowledge of Tuvalu's legal system, please contact us to contribute your insights and help ensure the accuracy of the content.~~===~~		'''<big>Warning : This country page is awaiting review by a local legal professional. If you are a qualified legal expert with knowledge of Tuvalu's legal system, please contact us to contribute your insights and help ensure the accuracy of the content.</big>'''

	== '''I. Country History''' ==		== '''I. Country History''' ==

IBJadmin: /* Warning : This country page is awaiting review by a local legal professional */

2024-09-10T08:53:39Z

Warning : This country page is awaiting review by a local legal professional

← Older revision		Revision as of 10:53, 10 September 2024
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	=== Warning : This country page is awaiting review by a local legal professional ===		=== Warning : This country page is awaiting review by a local legal professional. If you are a qualified legal expert with knowledge of Tuvalu's legal system, please contact us to contribute your insights and help ensure the accuracy of the content.===

	== '''I. Country History''' ==		== '''I. Country History''' ==

IBJadmin: /* II. Type of System */

2024-09-10T08:47:10Z

II. Type of System

← Older revision		Revision as of 10:47, 10 September 2024
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	Tuvalu was formerly known as Ellice Islands, named after Edward Ellice, a British politician, who owned the boat thanks to which the atoll of Funafuti was discovered in 1819. The islands were first inhabited 2000 years ago by Samoa and Tonga peoples, but the most recent culture seems to go back only 300 years. The Ellice islands were under British protectorate from 1892 to 1916. In 1974, the Ellice islands voted for independency, and they finally became independent on October 1st 1978. Tuvalu applied for commonwealth membership and became a member of the United Nations in 2000. The name Tuvalu, meaning “eight islands standing together” was adopted during the independence of the country.		Tuvalu was formerly known as Ellice Islands, named after Edward Ellice, a British politician, who owned the boat thanks to which the atoll of Funafuti was discovered in 1819. The islands were first inhabited 2000 years ago by Samoa and Tonga peoples, but the most recent culture seems to go back only 300 years. The Ellice islands were under British protectorate from 1892 to 1916. In 1974, the Ellice islands voted for independency, and they finally became independent on October 1st 1978. Tuvalu applied for commonwealth membership and became a member of the United Nations in 2000. The name Tuvalu, meaning “eight islands standing together” was adopted during the independence of the country.

	== II. Type of System ==		== '''II. Type of System''' ==

	=== • The Executive ===		=== '''• The Executive''' ===
	The British monarch is the Head of State, they are represented by the Governor General, appointed on the advice of the prime minister and the cabinet. The Prime minister is chosen by the elected members of Parliament, and the Cabinet is appointed by the Governor General. The Cabinet is comprised of the prime minister, the deputy prime minister and the members of parliament. The attorney general is the legal advisor of the government, the secretary to government coordinates the work of ministries and offices of government.		The British monarch is the Head of State, they are represented by the Governor General, appointed on the advice of the prime minister and the cabinet. The Prime minister is chosen by the elected members of Parliament, and the Cabinet is appointed by the Governor General. The Cabinet is comprised of the prime minister, the deputy prime minister and the members of parliament. The attorney general is the legal advisor of the government, the secretary to government coordinates the work of ministries and offices of government.

	=== • The Legislature ===		=== '''• The Legislature''' ===

	The Parliament is elected through universal suffrage and is composed of one chamber of 15 members. Each island elects two members apart from Nukulaelae, which has the smallest population, which elects one member. The parliamentary elections are held every four years.		The Parliament is elected through universal suffrage and is composed of one chamber of 15 members. Each island elects two members apart from Nukulaelae, which has the smallest population, which elects one member. The parliamentary elections are held every four years.

	=== • The Judiciary ===		=== '''• The Judiciary''' ===

	According to Section 122 of the Constitution of Tuvalu,		According to Section 122 of the Constitution of Tuvalu,
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	The “other courts and tribunals” provided by Acts of parliament include, Senior Magistrates' Courts, Island Courts, and Land Courts.		The “other courts and tribunals” provided by Acts of parliament include, Senior Magistrates' Courts, Island Courts, and Land Courts.

	=== • The Court System ===		=== '''• The Court System''' ===

	===== - The Sovereign in Council =====		===== '''- The Sovereign in Council''' =====
	Section 139 of the Constitution states that an appeal can be made from a decision of the court of appeal to the sovereign in council, which has jurisdiction to hear appeals on three matters according to section 1.a. of the Constitution :		Section 139 of the Constitution states that an appeal can be made from a decision of the court of appeal to the sovereign in council, which has jurisdiction to hear appeals on three matters according to section 1.a. of the Constitution :
	“(i) in the case of a final decision on a question as to the interpretation or application of this Constitution; or		“(i) in the case of a final decision on a question as to the interpretation or application of this Constitution; or
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	referred to in subsection (2),”		referred to in subsection (2),”

	===== - The Court of Appeal =====		===== '''- The Court of Appeal''' =====

	Under Section 138 of the Constitution, this court has jurisdiction to hear of matters regarding appeals against determinations as to contraventions of the Bill of Rights, appeals on questions as to membership of Parliament and any act of Parliament.		Under Section 138 of the Constitution, this court has jurisdiction to hear of matters regarding appeals against determinations as to contraventions of the Bill of Rights, appeals on questions as to membership of Parliament and any act of Parliament.

	===== - The High Court =====		===== '''- The High Court''' =====

	The High Court is established under Section 123 of the Constitution, and Section 133 sets the jurisdiction of the High court, which relates to : the bill of right and its enforcement, questions of membership or parliament, constitutional interpretation, appellate jurisdiction of the high court, effects of parliamentary declaration of purpose and other jurisdictions.		The High Court is established under Section 123 of the Constitution, and Section 133 sets the jurisdiction of the High court, which relates to : the bill of right and its enforcement, questions of membership or parliament, constitutional interpretation, appellate jurisdiction of the high court, effects of parliamentary declaration of purpose and other jurisdictions.
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	(b) is within the local limits of its jurisdiction and is charged with an offence committed within Tuvalu, or which according to law may be dealt with as if it had been committed within Tuvalu, and to deal with the accused person according to its jurisdiction.”		(b) is within the local limits of its jurisdiction and is charged with an offence committed within Tuvalu, or which according to law may be dealt with as if it had been committed within Tuvalu, and to deal with the accused person according to its jurisdiction.”

	===== - The Magistrates Court =====		===== '''- The Magistrates Court''' =====

	This Court was established through the Magistrate’s Court Act.		This Court was established through the Magistrate’s Court Act.
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	Provided that the aggregate punishment imposed in the form of consecutive sentences shall not exceed twice the amount of the punishment which such magistrate’s court is competent to impose in respect of one offence in the exercise of its ordinary jurisdiction.”		Provided that the aggregate punishment imposed in the form of consecutive sentences shall not exceed twice the amount of the punishment which such magistrate’s court is competent to impose in respect of one offence in the exercise of its ordinary jurisdiction.”

	===== - The Island Courts =====		===== '''- The Island Courts''' =====

	Each Island has a court, subordinated to the Senior Magistrates court. It has jurisdiction within the limits of the islands on which it is situated, on both civil and criminal causes.		Each Island has a court, subordinated to the Senior Magistrates court. It has jurisdiction within the limits of the islands on which it is situated, on both civil and criminal causes.
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	(2) The Governor-General, after consultation with the Chief Justice, may by notice add to, amend or delete any part of Schedules 1 or 2.”		(2) The Governor-General, after consultation with the Chief Justice, may by notice add to, amend or delete any part of Schedules 1 or 2.”

	===== - The Lands Court =====		===== '''- The Lands Court''' =====

	Each Island has a Land court, established under the Native Lands act. These courts are responsible for matters relating to land, wills, inheritances and adoptions, etc…		Each Island has a Land court, established under the Native Lands act. These courts are responsible for matters relating to land, wills, inheritances and adoptions, etc…

IBJadmin: /* Warning : This country page is awaiting review by a local legal professional */

2024-09-10T08:46:21Z

Warning : This country page is awaiting review by a local legal professional

← Older revision		Revision as of 10:46, 10 September 2024
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	=== Warning : This country page is awaiting review by a local legal professional ===		=== Warning : This country page is awaiting review by a local legal professional ===

	== '''I. Country History''' ==		== '''I. Country History''' ==

	The Tuvalu Islands are situated in the Pacific Ocean, between Hawaii and Australia. Their closest neighbors are the Kiribati islands, Samoa and Fiji. Tuvalu is the fourth smallest country in the world, and it is amongst the most remote islands in the pacific. It is made up of 9 islands, with 5 coral true atolls, 3 reef atolls, and 1 island with both characteristics. Tuvalu’s land area is approximately 26 square kilometers, the average elevation is 1 meter above sea level, and the highest point is approximately 5 meters above sea level. Besides, because of the limited availability of land, there is an overpopulation on Funafuti, the main island, and there is not enough space to create infrastructures for waste disposal. This results in the pollution of the water and the soil, which is thus not fertile and does not have the capacity to support a lot of agricultural production. In recent years, Tuvaluans have resorted to imports of foods and goods.		The Tuvalu Islands are situated in the Pacific Ocean, between Hawaii and Australia. Their closest neighbors are the Kiribati islands, Samoa and Fiji. Tuvalu is the fourth smallest country in the world, and it is amongst the most remote islands in the pacific. It is made up of 9 islands, with 5 coral true atolls, 3 reef atolls, and 1 island with both characteristics. Tuvalu’s land area is approximately 26 square kilometers, the average elevation is 1 meter above sea level, and the highest point is approximately 5 meters above sea level. Besides, because of the limited availability of land, there is an overpopulation on Funafuti, the main island, and there is not enough space to create infrastructures for waste disposal. This results in the pollution of the water and the soil, which is thus not fertile and does not have the capacity to support a lot of agricultural production. In recent years, Tuvaluans have resorted to imports of foods and goods.

IBJadmin: /* I. Country History */

2024-09-10T08:45:59Z

I. Country History

← Older revision		Revision as of 10:45, 10 September 2024
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	=== Warning : This country page is awaiting review by a local legal professional ===		=== Warning : This country page is awaiting review by a local legal professional ===

	== I. Country History ==		== '''I. Country History''' ==

	The Tuvalu Islands are situated in the Pacific Ocean, between Hawaii and Australia. Their closest neighbors are the Kiribati islands, Samoa and Fiji. Tuvalu is the fourth smallest country in the world, and it is amongst the most remote islands in the pacific. It is made up of 9 islands, with 5 coral true atolls, 3 reef atolls, and 1 island with both characteristics. Tuvalu’s land area is approximately 26 square kilometers, the average elevation is 1 meter above sea level, and the highest point is approximately 5 meters above sea level. Besides, because of the limited availability of land, there is an overpopulation on Funafuti, the main island, and there is not enough space to create infrastructures for waste disposal. This results in the pollution of the water and the soil, which is thus not fertile and does not have the capacity to support a lot of agricultural production. In recent years, Tuvaluans have resorted to imports of foods and goods.		The Tuvalu Islands are situated in the Pacific Ocean, between Hawaii and Australia. Their closest neighbors are the Kiribati islands, Samoa and Fiji. Tuvalu is the fourth smallest country in the world, and it is amongst the most remote islands in the pacific. It is made up of 9 islands, with 5 coral true atolls, 3 reef atolls, and 1 island with both characteristics. Tuvalu’s land area is approximately 26 square kilometers, the average elevation is 1 meter above sea level, and the highest point is approximately 5 meters above sea level. Besides, because of the limited availability of land, there is an overpopulation on Funafuti, the main island, and there is not enough space to create infrastructures for waste disposal. This results in the pollution of the water and the soil, which is thus not fertile and does not have the capacity to support a lot of agricultural production. In recent years, Tuvaluans have resorted to imports of foods and goods.