The Rights and Liberties of the Palau Constitution by Kevin Bennardo
In the nearly thirty years since the Constitution of the Republic of Palau went into effect, the constitutional jurisprudence of the Supreme Court of Palau has grown to such a quantum that it now primarily refers to its own case law without the need to look to other jurisdictions for guidance. Collection and analysis of these cases is therefore appropriate, if not overdue. This article collects and reviews cases interpreting and applying the Palau Constitution through the sixteenth anniversary of Palau’s independence (October 1, 2010). It focuses on the provisions of the Constitution that most directly affect the people: citizenship, suffrage, right to due process, equal protection of the laws, criminal procedure rights, and the like. Some higher-level issues (such as the designation of territory and states and the roles granted to traditional leaders) are included as well, but the focus of this paper is on individual rights and liberties . . .