THE EXERCISE OF DISCRETION IN A CONSTITUTIONAL LAW APPLICATION IN PAPUA NEW GUINEA Boochani v Independent State of Papua New Guinea [2017] PGSC 28; SC1633 (7 November 2017)

Abstract

The case that is being discussed is significant because of the constitutional implications, public interest and the serious concern of illegal migration in Papua New Guinea (PNG). It is important to understand what the exercise of discretion is in terms of its application. This was applied in this constitutional law application which was based on section 5 of the constitution which gives the PNG court jurisdiction to grant declaratory and injunctive relief with reference to the protection of breaches of Constitutional rights