Constitution of Tuvalu
Constitution of Tuvalu
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Constitution of Tuvalu

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Constitution of Tuvalu

The Constitution of Tuvalu states that it is “the supreme law of Tuvalu” and that “all other laws shall be interpreted and applied subject to this Constitution”; it sets out the Principles of the Bill of Rights and the Protection of the Fundamental Rights and Freedoms.

Tuvalu's independence was granted to it by the United Kingdom by virtue of the Tuvalu Independence Order 1978 (UK). Tuvalu became an independent constitutional monarchy on 1 October 1978. Charles III - as the King of Tuvalu - is the Head of State, represented by the Governor-General, who is appointed by the King on advice of the Prime Minister of Tuvalu. A written constitution was adopted at independence. In 1986 Tuvalu approved a new constitution that had been developed by the community leaders and the members of the Tuvaluan parliament. In May 2018 a translation of the current Constitution into the Tuvaluan language was completed as part of the Tuvalu Constitutional Review Project.

Tuvaluans participated in the political institutions of the Gilbert and Ellice Islands Colony during the transition to self-determination. In 1974 the Gilbert and Ellice Islands Colony acquired its own constitution. A referendum was held in December 1974 to determine whether the Gilbert Islands and Ellice Islands should each have their own administration. As a consequence of the 1974 Ellice Islands self-determination referendum the Gilbert and Ellice Islands colony ceased to exist on 1 January 1976 and the separate British colonies of Kiribati and Tuvalu came into existence.

Tuvalu became fully independent within the Commonwealth on 1 October 1978 with a written constitution. John F. Wilson, as Attorney-General, advised on the transition of Tuvalu to independence including attending the Constitutional Conference in Marlborough House in London and visiting each island of Tuvalu to explain the Constitution.

Section 7 provides for alterations of the Constitution generally and section 8 addresses alterations of the Constitution to give effect to constitutional changes in the United Kingdom.

In 2008 Tuvaluans rejected a constitutional referendum that proposed replacing the Queen of Tuvalu, with an elected president as the Head of State.

In 1986 the Constitution adopted upon independence was amended in order to give attention to Tuvaluan custom and tradition as well as the aspirations and values of the Tuvaluan people. The changes placed greater emphasis on Tuvaluan community values rather than Western concepts of individual entitlement. The preamble was changed and an introductory ‘Principles of the Constitution’ was added.

The Principles make frequent reference to Tuvaluan values, culture, custom and tradition and draw attention to the importance of the Christian religion to Tuvaluan society.

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