Legal system overview
The legal system of Nauru is a mixed common law system grounded in the Constitution of Nauru, supported by statutes enacted by Parliament, and supplemented by principles of English common law and equity.
Constitutional Framework
The Constitution of Nauru establishes the structure of government and the foundation of the legal system. It provides for the separation of powers between the Legislature, the Executive, and the Judiciary, ensuring institutional independence and accountability.
The Constitution of Nauru establishes the legal and institutional framework of the country. It provides that all laws, executive actions, and judicial decisions must conform to constitutional requirements. Where inconsistency arises, the Constitution prevails.
The Constitution provides for a separation of powers between:
- The Legislature (Parliament), responsible for law-making;
- The Executive (Cabinet), responsible for governance and administration; and
- The Judiciary, responsible for interpretation and enforcement of the law.
The independence of the judiciary is an important element of the doctrine of separation of powers and is vital for maintaining the balance of power.
Judicial Constitutional Authority
The Supreme Court holds exclusive original jurisdiction over constitutional questions. It alone determines questions concerning the interpretation or effect of any provision of the Constitution. The Cabinet may refer constitutional questions to the Court for an advisory opinion, which the Court delivers in open court.
Court Structure
Nauru’s judiciary is structured in a hierarchical system consisting of the Nauru Court of Appeal as the apex court, Supreme Court, the District Court, and specialised courts (for example, family court).
The Nauru Court of Appeal is the highest appellate court in Nauru and hears appeals from the Supreme Court in both civil and criminal matters, as well as other specified appeals provided for by written laws.
The Supreme Court is the superior court of record and the highest court of original jurisdiction in Nauru. It consists of the Chief Justice and other Judges appointed by the President in consultation with the Chief Justice. The Supreme Court also sits as the Court of Disputed Returns.
The District Court is a subordinate court to the Supreme Court and exercises jurisdiction conferred by written law. It also sits as the Family Court. The Family Court exercises jurisdiction under various written laws, including the Maintenance Act 1959, Guardianship of Children Act 1975 and the Adoption of Children Act 1965, as well as other relevant written laws.