verfassungsblog: On Matters Conventional
Published in 2021
Introduction: Politics in the Pacific island state of Samoa rarely attract international attention. Last week, however, Samoa grabbed global headlines as two leaders each claimed the Prime Ministership after a closely contested election. The constitutional issues surrounding this crises are complex and growing in number by the day. They concern dealing with a hung parliament, the powers and duties of various constitutional officials, the independence and administration of the judiciary, the representation and treatment of women in public office, and the question of whether it may be permissible to contravene constitutional provisions in order to uphold and maintain the constitutional system of government. This post focuses on the last of these issues and how Samoa’s courts, and potentially customary institutions, might be able to chart a path out of the constitutional crisis. Click here to read the full text.