Antidefection laws in three small South Pacific parliaments: A cautionary tale

Abstract

Antidefection laws seek to punish political party members who depart in some way from their party of election during the legislative term. They have proven to be both popular and problematic in certain South Pacific legislatures in recent decades. This article analyzes the introduction and subsequent fate of these laws in the small jurisdictions of Fiji, Samoa, and the Cook Islands. It concludes that the size of the jurisdiction is a notable factor relevant to both the introduction of these laws and the courts’ response to them. In addition, it is argued that in small jurisdictions antidefection laws not only have a disproportionately negative impact on constitutional principles and political rights, but also have the potential to distort the particular political development and practice of the South Pacific polities where they operate.