Solomon Law Reports

citizenship – avoidance of dual nationality – appellant born in Solomon Islands pre-independence to an indigenous Solomon Islander mother – appellant granted Australian citizenship as minor – whether an indigenous Solomon Islander is automatically a Solomon Islands citizen – appellant did not renounce or lose nationality of Australia after attaining 18 years of age – appellant lodged application to regain Solomon Islands citizenship prior to commencement of amendment to section 23(1) of Constitution allowing dual nationality – section 23(1) of Constitution prohibiting dual nationality operated as a bar to appellant from being a citizen of Solomon Islands despite being an indigenous Solomon Islander where appellant did not renounce Australian citizenship before applying for Solomon Islands citizenship – had appellant waited for the amendment to section 23(1) of Constitution he might have seen and appreciated the law in different and proper context and perhaps opted not to issue proceeding which was more for academic discussion than for any practical relevance

interpretation – constitution – court must give fair and liberal interpretation and apply clear legislative intent – where constitutional provision is mandatory it is incumbent on court to give full effect to its terms – court has no power to strike down mandatory constitutional provision as to do so would amount to legislating – clear legislative intent of constitutional provision cannot be watered down by making it subject to other laws