About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

10 U. Haw. L. Rev. 81 (1988)
The Role of Custom and Traditional Leaders under the Yap Constitution

handle is hein.journals/uhawlr10 and id is 87 raw text is: The Role of Custom and Traditional Leaders Under the Yap Constitution by Brian Z. Tamanaha* I. INTRODUCTION In Yap, the coexistence of the Western way of life and the Micronesian way of life is everywhere apparent. Traditionally garbed, bare breasted women sip- ping Coca-Cola while sitting on the back of a new pick-up truck is not an uncommon sight. Pole-driven bamboo rafts are used for fishing almost as often as fiberglass speedboats with forty horsepower engines. The radio station alter- nates between broadcasting Yapese love songs and American country music. Though less obvious, nowhere is this combination more intimately woven than in the Yapese system of laws and governance. The Constitution of Yap preserves a core group of fundamental rights for the people, and sets out a government with a legislature, executive, and judiciary. On the surface there appears to be little difference between the Constitution of Yap and that of any state in the United States. This article will illustrate, how- ever, that there are two remarkable, uniquely Yapese, differences. First, custom and tradition reign supreme, even to the derogation of fundamental rights. Sec- ond, the three branches of government are subject to the dictates of a fourth branch composed of traditional leaders. Indeed, custom and traditional leaders have in some ways gained strength in Yap through incorporation into the constitution. Part II of this article briefly describes the background of Yap. Part III elabo- rates upon the Constitution and its treatment of custom and traditional leaders. Part IV discusses the interaction between the Constitution of Yap and the Con- stitution of the Federated States of Micronesia in their respective treatment of custom and traditional leaders. * Assistant Attorney General, Office of Attorney General, Yap, Federated States of Micronesia. B.S., University of Oregon, 1980; J.D., magna cum laude, Boston University School of Law, 1983. The author wishes to thank B.K. Maglaw and the people of Yap for their friendship and generosity.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most