Types of Law in the Solomon Islands

In the Solomon Islands, the legal system draws from various sources to regulate different aspects of society:

• Customary Law: Rooted in traditional practices and community norms, customary law governs social interactions, land tenure, and dispute resolution among indigenous communities.
• Statutory Law: Enacted by Parliament, statutory law includes acts and ordinances that address national governance, public administration, and specific issues such as crime and commerce.
• Common Law: Derived from judicial decisions and precedents set by courts, common law principles supplement statutory law, shaping legal interpretations and practices over time.

Hierarchy of Laws

Understanding the hierarchy ensures clarity in legal application and interpretation:

• Constitution: The highest legal authority, the Constitution establishes fundamental rights, defines governmental structures, and delineates powers among branches of government in the Solomon Islands.
• Legislation: Laws passed by Parliament, including primary legislation (acts and ordinances) that cover a wide range of subjects, from criminal offenses to economic regulations.
• Subsidiary Legislation: Regulations and rules made under the authority of primary legislation, providing detailed frameworks and guidelines for implementation.
• Customary law
• Common law, and
• Equity

If any law is inconsistent with the Constitution, that law is invalid.

Constitution and Constitutional Law

In Solomon Islands, the Constitution is the supreme law, the foundation of all guiding all other legal instruments:

• Supreme Legal Authority: It establishes the separation of powers and constitutional offices. It also outlines the country’s political framework, fundamental rights of citizens, and principles for governance and administration.
• Amendment and Interpretation: Amendments to the Constitution require rigorous processes, ensuring stability and consistency in legal principles and rights protection.

Legislation

Parliamentary enactments and subsidiary regulations shape legal standards and operations:

• Acts of Parliament: When a Bill is passed by Parliament it then becomes an Act of Parliament. Acts address broad issues affecting society, from criminal justice to environmental protection, and require parliamentary approval.

Subsidiary Legislation

Subsidiary Legislation: Regulations are made pursuant to and based on Acts of Parliament. They are laws or rules formulated by government agencies under the authority of acts, providing detailed guidelines for implementation and enforcement.

Conclusion

In Solomon Islands, the legal landscape is multifaceted, incorporating statutory customary, and common law elements to uphold justice, protect rights, and promote societal order. Understanding the sources and hierarchy of laws, empowers individuals, businesses, and government bodies to navigate
legal complexities effectively, ensuring compliance, fairness, and the rule of law in all facets of life.