Constitution of Solomon Islands 1978, as amended to 2023
Customary Law
  • English
    We the people of Solomon Islands, proud of the wisdom and the worthy customs of our ancestors, mindful of our common and diverse heritage and conscious of our common destiny, do now, under the guiding hand of God, establish the sovereign democratic State of Solomon Islands; …
    Agree and pledge that –
    ...
    (d) we shall cherish and promote the different cultural traditions within Solomon Islands;
    ... (Preamble)
Customary Law
  • English

    (1) Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
    …
    (4) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
    (5) Subsection (1) of this section shall not apply to any law so far as that law makes provision-
    …
    (c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
    (d) for the application of customary law;
    … (Sec. 15)8

Customary Law
  • English
    (1) Parliament shall make provision for the application of laws, including customary laws.
    (2) In making provision under this section, Parliament shall have particular regard to the customs, values and aspirations of the people of Solomon Islands. (Sec. 75)
Customary Law
  • English
    Until Parliament makes other provision under the preceding section, the provisions of Schedule 3 to this Constitution shall have effect for the purpose of determining the operation in Solomon Islands -
    (a) of certain Acts of the Parliament of the United Kingdom mentioned therein;
    (b) of the principles and rules of the common law and equity;
    (c) of customary law; and
    (d) of the legal doctrine of judicial precedent. (Sec. 76)
Customary Law
  • English
    (1) Notwithstanding anything contained in the Solomon Islands Independence Order 1978(a) Solomon Islands shall be divided into Honiara city and provinces.
    (2) Parliament shall by law -
    ...
    (b) make provision for the government of Honiara city and the provinces and consider the role of traditional chiefs in the provinces. (Sec. 114)
Customary Law
  • English
    (1) In this Constitution, unless the context otherwise requires—
    …
    “customary law” means the rules of customary law prevailing in an area of Solomon Islands;
    … (Sec. 144)
Customary Law
  • English
    (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:-
    …
    (c) in their application to any particular matter, they are inconsistent with customary law applying in respect of that matter.
    … (Schedule 3, Sec. 2)
Customary Law
  • English
    (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:-
    (a) provide for the proof and pleading of customary law for any purpose;
    (b) regulate the manner in which or the purposes for which customary law may be recognised; and
    (c) provide for the resolution of conflicts of customary law.
    … (Schedule 3, Sec. 3)
1

Constitution of Solomon Islands 1978, as amended to 2018 (English); 2022 Amendment to the Constitution (English); 2023 Amendment to the Constitution (English). The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the Constitution of Solomon Islands 1978 (English).

Links to all sites last visited 27 November 2023
2

The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.

3

The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.

4

Sections 3 to 16 are part of Chapter II on Protection of Fundamental Rights and Freedoms of the Individuals.

5

The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.

6

The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.

7

The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.

8

The most recent consolidated version of the Constitution does not reflect correctly Section 15, which was not amended since the Constitution's adoption in 1978. For section 15, please refer to the 1978 Constitution.