Constitution of the Independent
State of Samoa
39
PROVIDED THAT the person may at any time resign his or her
office by writing under his or her hand addressed to the Head of
State.
70. Jurisdiction of the Supreme Court - (1) Except for Part
IX Land and Titles Court and the laws administered thereunder,
the Supreme Court shall:
(a)
have such original, appellate and, revisional
jurisdiction; and
(b)
possess and exercise all the jurisdiction, power,
and authority, which may be necessary to
administer the laws of Samoa.
(2) Except for Part IX Land and Titles Court and without
prejudice to any appellate or revisional jurisdiction of the
Supreme Court, where in any proceedings before another Court
(except the Court of Appeal) a question arises as to the
interpretation or effect of any provision of this Constitution, the
Supreme Court may, on the application of any party to the
proceedings, determine that question and either dispose of the
case or remit it to that other Court to be disposed of in accordance
with the determination.
(3) Except for Part IX Land and Titles Court, the Head of
State, acting on the advice of the Prime Minister, may refer to the
Supreme Court for its opinion any question as to the
interpretation or effect of any provision of this Constitution
which has arisen or appears likely to arise, and the Court shall
pronounce its opinion on any question so referred to it.
71. Judicial Guidance - Subject to the provisions of this
Constitution, customs may be taken into account in all courts
under this Part.
72. Powers of Judges of the Supreme Court - Each Judge
of the Supreme Court or any two (2) or more Judges may, in any
part of Samoa and at any time or place, exercise all the powers of
the Supreme Court.
Division 2 - Court of Appeal