- Malae o Tiafau , Mulinuu, Samoa
- clerk@palemene.ws
- 21811
Standing Orders
The Authority that provides for the formulation of the Standing Orders is derived from the Constitution of the Independent State of Samoa, Article 53:
“Subject to provisions of this Constitution, the Legislative Assembly may make, amend and repeal Standing Orders regulating its procedure.”
STANDING ORDERS OF PARLIAMENT – “Regulates procedures of Parliament”
WHAT IS A STANDING ORDER?
"A set of written rules which govern both the internal procedures that must be followed by the Assembly and its Committees..
"The Standing Orders is reviewed by the Standing Orders, Electoral, Petitions and Constitutional Offices Committee every 5 years before the dissolution of Parliament
"It does not have the force of law as it does not constitute an Act of Parliament or Regulation..
Resolutions only bind the Assembly
“It is well established under Parliamentary law that resolutions of Parliament are binding only on Parliament itself and cannot alter the general law” (see Stockdale v Hansard (18399 Ad &E1).
Standing Orders, which are made by resolution of Parliament are orders pertaining to Parliament itself but not binding outside of Parliament. For instance, Standing Orders cannot address an additional requirement for candidacy or vacation of seat; these matters are best addressed by legislation.