Guardians of the Constitution: Upholding Judicial Independence During Samoa's Constitutional Crisis.

Samoa's 2021 constitutional crisis saw unprecedented attacks on the nation's judiciary and the rule of law. The Human Rights Protection Party (HRPP) refused to concede defeat after a tightly contested general election on 9 April 2021. The transfer of power to the incoming Faʻatuatua i le Atua Samoa ua Tasi (FAST) government was stymied by determined efforts such as the attempted exploitation of the women's parliamentary quota, attempts to justify the calling of fresh elections and the locking of the parliamentary chamber to prevent parliament's first meeting. This article examines how the constitutionality and lawfulness of these actions was repeatedly challenged in Samoa's courts in a highly charged political atmosphere that persistently ignored court rulings. It outlines how Samoa's judiciary came under serious and repeated threat by constitutional actors, in particular the head of state, the outgoing government, and the attorney general. The article finds that despite these critical challenges, the rulings of the courts ultimately resolved the four-month impasse through decisions on an unprecedented number of complex and novel constitutional issues. The courts' role in the crisis demonstrates the importance of a sound and independent judiciary to uphold the rule of law, particularly in small island states when the foundations and functioning of a modern constitutional democracy are attacked. [ABSTRACT FROM AUTHOR]