PART I. THE STATE AND THE CONSTITUTION DIVISION 1. THE STATE 1. The State 2. The area of Tuvalu DIVISION 2. THE CONSTITUTION 3. The Constitution as supreme law 4. Interpretation of the Constitution 5. Jurisdiction of the High Court in constitutional matters DIVISION 3. ALTERATION OF THE CONSTITUTION 6. Interpretation of Division 3 7. Alteration of the Constitution generally 8. Alteration of the Constitution to give effect to U.K. constitutional change PART II. BILL OF RIGHTS DIVISION 1. PRELIMINARY 9. Interpretation of Part II DIVISION 2. THE PRINCIPLES OF THE BILL OF RIGHTS 10. Freedom under law 11. The fundamental human rights and freedoms 12. Application of Part II 13. The Principles of the Preamble 14. Parliamentary declarations of purpose 15. Reasonably justifiable in a democratic society DIVISION 3. PROTECTION OF THE FUNDAMENTAL RIGHTS ANDFREEDOMS Subdivision A. Protection Generally 16. Life 17. Personal liberty 18. Slavery and forced labour 19. Inhuman treatment 20. Property rights 21. Privacy of home and property 22. Protection of law 23. Freedom of belief 24. Freedom of expression 25. Freedom of assembly and association 26. Freedom of movement 27. Freedom from discrimination 28. Other rights and freedoms Subdivision B 29. Protection of Tuvaluan values, etc 30. Provisions relating to certain officials 31. Disciplined forces of Tuvalu 32. Foreign disciplined forces 33. Hostile disciplined forces DIVISION 4. PUBLIC EMERGENCIES 34. Interpretation of Division 4 35. Declaration of public emergency 36. Restrictions on certain rights and freedoms during public emergencies 37. Detention during public emergencies DIVISION 5. ENFORCEMENT OF THE BILL OF RIGHTS 38. Application for enforcement of the Bill of Rights 39. Questions as to the Bill of Rights arising in subordinate courts 40. Jurisdiction of the High Court as to the Bill of Rights 41. Appeals as to the Bill of Rights 42. Additional powers of the High Court as to the Bill of Rights PART III. CITIZENSHIP 43. Interpretation of Part III 44. Initial citizenship under the Constitution 45. Citizenship by birth 46. Citizenship by marriage under the Constitution 47. Laws as to citizenship PART IV. THE SOVEREIGN AND THE GOVERNOR-GENERAL DIVISION 1. THE SOVEREIGN 48. The Sovereign of Tuvalu 49. Succession to the Crown DIVISION 2. FUNCTIONS OF THE HEAD OF STATE 50. The office of Head of State 51. Functions, etc., of the Head of State generally 52. Performance of functions by the Head of State 53. Failure by the Head of State to act DIVISION 3. THE GOVERNOR-GENERAL 54. Establishment of office of Governor-General 55. Appointment, etc., of the Governor-General 56. Acting Governor-General 57. Oaths and affirmation by the Governor-General, etc 58. Performance of functions by the Governor-General 59. Provision to the Governor-General of information as to the conduct of government 60. Performance of certain ceremonial, etc., functions PART V. THE EXECUTIVE DIVISION 1. THE EXECUTIVE AUTHORITY OF TUVALU 61. Vesting of the executive authority 62. Offices of Ministers 63. The Prime Minister 64. Removal from office of an incapacitated Prime Minister 65. Suspension of Prime Minister 66. Effect of removal or suspension of Prime Minister 67. The other Ministers 68. Acting Prime Minister 69. Acting Ministers 70. Conditions of acting appointments to Ministerial offices 71. Caretaker governments 72. Oaths and affirmations by Ministers DIVISION 3. THE CABINET 73. Establishment of the Cabinet 74. Functions of the Cabinet 75. Assignment of responsibilities to Ministers 76. Proceedings in Cabinet 77. Validity of executive acts DIVISION 4. OFFICERS ASSOCIATED WITH THE CABINET 78. The Secretary to Government 79. The Attorney-General DIVISION 5. THE POWER OF MERCY 80. Commutation, etc., of sentences PART VI. PARLIAMENT AND LAW-MAKING DIVISION 1. PARLIAMENT 81. Establishment of Parliament 82. Composition of Parliament 83. Principles of electoral apportionment DIVISION 2. THE LAW-MAKING POWER 84. Vesting of the law-making power 85. Delegated legislation 86. Manner of exercise of the law-making power DIVISION 3. MEMBERSHIP OF PARLIAMENT 87. Nature of elections 88. Holding of elections 89. Electoral laws Subdivision B. Electors 90. Right to vote 91. Qualifications for registration 92. Disqualification from registration Subdivision C. Candidates 93. Candidature 94. Qualifications for election 95. Disqualification from election Subdivision D. Members 96. Tenure of office 97. Disclosure of interest 98. Vacation of seat on sentence 99. Recall of incapacitated member Subdivision E. Miscellaneous 100. Questions as to membership of Parliament 101. Sitting, etc., while unqualified 102. Calculation of sentences DIVISION 4. THE SPEAKER 103. Establishment of the office of Speaker 104. Election of the Speaker 105. Tenure of office of the Speaker 106. Functions of the Speaker 107. Acting Speaker DIVISION 5. PROCEDURES IN PARLIAMENT 108. Rules of Procedure 109. Quorum of Parliament 110. Voting in Parliament 111. Procedure on Bills, etc DIVISION 6. MISCELLANEOUS 112. Oath and affirmation of members of Parliament 113. Validity of proceedings in Parliament 114. Privileges of Parliament 115. Clerk of Parliament and other officers DIVISION 7. SUMMONING, DISSOLUTION, ETC 116. Meetings of Parliament 117. Prorogation of Parliament 118. Dissolution of Parliament PART VII. THE COURTS DIVISION 1. GENERAL 119. The judicial system DIVISION 2. THE HIGH COURT Subdivision A. Establishment, etc 120. Establishment of the High Court 121. Composition of the High Court 122. The Chief Justice of Tuvalu 123. Other Judges 124. Qualifications of Judges 125. Remuneration, etc., of Judges 126. Tenure of office of Judges 127. Removal of Judges from office 128. Suspension of Judges 129. Completion of pending matters Subdivision B. Jurisdiction 130. Jurisdiction of the High Court generally 131. Constitutional interpretation 132. Appellate jurisdiction of the High Court 133. Other jurisdiction, etc., of the High Court DIVISION 3. THE COURT OF APPEAL 134. Establishment of the Court of Appeal 135. Jurisdiction of the Court of Appeal DIVISION 4. THE SOVEREIGN IN COUNCIL 136. Jurisdiction of the Sovereign in Council PART VIII. PUBLIC EMPLOYMENT DIVISION 1. GENERAL 137. Interpretation of Part VIII 138. Application of Part VIII 139. The State Services 140. Creation etc., of offices, etc., in State Services 141. Appointments subject to approval, etc 142. Localization DIVISION 2. THE PUBLIC SERVICE COMMISSION 143. Establishment of the Commission 144. Composition of the Commission 145. Appointment of members of the Commission 146. Remuneration, etc., of members of the Commission 147. Tenure of office of members of the Commission 148. Exclusion of members of the Commission from certain employment DIVISION 3. GENERAL FUNCTIONS OF THE PUBLIC SERVICE COMMISSION 149. Functions of the Commission 150. Independence of the Commission 151. Appeals within State Services 152. Procedures, etc., of the Commission 153. Delegation by the Commission DIVISION 4. PERSONNEL FUNCTIONS 154. Application of Division 4 155. The Public Service 156. Magistrates 157. The Police Force 158. Secretaries to Ministries 159. Special cases of appointments DIVISION 5. REMOVAL, ETC., OF CERTAIN OFFICIALS 160. Interpretation of Division 5 161. Application of Division 5 162. Removal of prescribed officials from office 163. Suspension of prescribed officials 164. Contract employment PART IX. FINANCE DIVISION 1. PARLIAMENT AND FINANCE 165. Parliamentary responsibility for finance 166. Executive initiative 167. The Consolidated Fund 168. Accounting, etc., for public money 169. Remuneration of certain officials DIVISION 2. THE AUDITOR-GENERAL 170. Establishment of the office of Auditor-General 171. Independence of the office of Auditor-General 172. Functions of the Auditor-General PART X. TRANSITIONAL 173. Transitional provisions SCHEDULE 1. RULES FOR THE INTERPRETATION OF THE CONSTITUTION (Section 4) 1. Application of Schedule 1 2. General definitions 3. Form of the Constitution 4. Meaning of language used 5. Gender and number 6. Time limits 7. Attainment of age 8. Powers of majority, and quorums 9. References to “total membership” 10. Performance of constitutional functions 11. Appointments, etc., requiring prior approval 12. Official appointments, etc 13. References to the Sovereign of Tuvalu 14. References to the Sovereign of the United Kingdom 15. Independence 16. Regulation of acts, etc 17. Impracticability of obtaining advice, etc 18. Acts in “deliberate judgment” 19. Effect of repeal 20. Effect of disallowance 21. Multiple oaths, etc SCHEDULE 2. ELECTION AND APPOINTMENT OF THE PRIME MINISTER (Section 63) 1. Functions of the Governor-General 2. Election meetings 3. Nominations 4. Cancellation of proceedings 5. List of candidates 6. Quorum 7. Conduct of the election meeting 8. Conduct of the election 9. Declaration of the result 10. Disputes 11. Saving of power to dissolve SCHEDULE 3. PROCEDURE, ETC., OF THE PUBLIC SERVICE COMMISSION AND CERTAIN TRIBUNALS (Sections 127, 152, 162) 1. Application of Schedule 3 2. Rules 3. Voting 4. Absence, etc 5. Powers of certain tribunals 6. Procedures generally SCHEDULE 4. OATHS AND AFFIRMATIONS (Sections 57, 72 and 112) 1. Oath, etc., of Allegiance 2. Oath, etc., of Office of Governor-General 3. Oath, etc., of Office of Member of Cabinet SCHEDULE 5. TRANSITIONAL PROVISIONS (Section 173) 1. Interpretation 2. Existing laws 3. Prescribed matters 4. The Governor-General 5. Ministers 6. Parliament 7. Public Officers 8. Legal Proceedings 9. Financial
I, ……………………………………………, do swear (or solemnly affirm) that I will be faithful and bear true allegiance to the Sovereign of Tuvalu.
(So help me God)
I, …………………………………………. , do swear (or solemnly affirm) that I will well and truly serve the Sovereign of Tuvalu in the office of Governor-General of Tuvalu (or in the performance of the functions of the Governor-General of Tuvalu under section 52 of the Constitution)
(So help me God)
I, ………………………………………….. , being a member of the Cabinet for Tuvalu do swear (or solemnly affirm) that-
I will to the best of my judgment, at all times when required to do so, freely give my counsel and advice for the good management of the affairs of Tuvalu.I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any member of the Cabinet.
I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Tuvalu, or as otherwise required or permitted by law, directly or indirectly reveal the business or proceedings of the Cabinet or any matter coming to my knowledge in my capacity as a member of the Cabinet.
In all things I will be a true and faithful member of the Cabinet.
(So help me God)
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