Unconscious comparativism : American Establishment Clause jurisprudence in Papua New Guinea

American culture often reaches to the furthest corners of the globe and influences the cultures of other, often quite different, societies. The same is true of American constitutional concepts. This paper explores the influence of American First Amendment Establishment Clause jurisprudence on the jurisprudence of the Constitution of the Independent State of Papua New Guinea, the relevant provisions of which bear no resemblance to the American First Amendment. This paper presents a comparative analysis of recent PNG case law concerning the right to freedom of religion under the Papua New Guinea Constitution and American establishment clause case law in relation to the installation and removal of religious symbols on government property. The influence of American constitutional concepts can be seen in the PNG case law despite that case law making no explicit reference to American concepts or cases.