Solomon Islands 1978 Constitution (reviewed 2018)

SCHEDULE 3 TO THE CONSTITUTION. APPLICATION OF LAWS (Section 76)

1. 1. Subject to this Constitution and to any Act of Parliament, the Acts of the Parliament of the United Kingdom of general application and in force on 1st January 1961 shall have effect as part of the law of Solomon Islands, with such changes to names, titles, offices, persons and institutions, and as to such other formal and non-substantive matters, as may be necessary to facilitate their application to the circumstances of Solomon Islands from time to time.

2

1. 1. 1. Subject to this paragraph, the principles and rules of the common law and equity shall have effect as part of the law of Solomon Islands, save in so far as:—
         1. they are inconsistent with this Constitution or any Act of Parliament;
         2. they are inapplicable to or inappropriate in the circumstances of Solomon Islands from time to time; or
         3. in their application to any particular matter, they are inconsistent with customary law applying in respect of that matter.
      2. The principles and rules of the common law and equity shall so have effect notwithstanding any revision of them by any Act of the Parliament of the United Kingdom which does not have effect as part of the law of Solomon Islands.

3

1. 1. 1. Subject to this paragraph, customary law shall have effect as part of the law of Solomon Islands.
      2. The preceding subparagraph shall not apply in respect of any customary law that is, and to the extent that it is, inconsistent with this Constitution or an Act of Parliament.
      3. An Act of Parliament may:—
         1. provide for the proof and pleading of customary law for any purpose;
         2. regulate the manner in which or the purposes for which customary law may be recognised; and
         3. provide for the resolution of conflicts of customary law.

4

1. 1. No court of Solomon Islands shall be bound by any decision of a foreign court given on or after 7th July 1978.
   2. Subject to the preceding provisions of this Schedule or any provision in that regard made by Parliament, the operation in Solomon Islands of the doctrine of judicial precedent shall be regulated by practice directions given by the Chief Justice.
2. The provisions of this Schedule are without prejudice to the provisions of Section 5 of the Order to which the Constitution is scheduled.