The Constitution of Tuvalu states that it is “the supreme law of Tuvalu” and that “all other laws shall be interpreted and applied subject to this Constitution”; it sets out the Principles of the Bill of Rights and the Protection of the Fundamental Rights and Freedoms.
Tuvalu's independence was granted to it by the United Kingdom by virtue of the Tuvalu Independence Order 1978 (UK). Tuvalu became an independent constitutional monarchy on 1 October 1978. Charles III - as the King of Tuvalu - is the Head of State, represented by the Governor-General, who is appointed by the King on advice of the Prime Minister of Tuvalu. A written constitution was adopted at independence. In 1986 Tuvalu approved a new constitution that had been developed by the community leaders and the members of the Tuvaluan parliament. In May 2018 a translation of the current Constitution into the Tuvaluan language was completed as part of the Tuvalu Constitutional Review Project.
History of political institutions in Tuvalu.
Tuvaluans participated in the political institutions of the Gilbert and Ellice Islands Colony during the transition to self-determination. In 1974 the Gilbert and Ellice Islands Colony acquired its own constitution. A referendum was held in December 1974 to determine whether the Gilbert Islands and Ellice Islands should each have their own administration. As a consequence of the 1974 Ellice Islands self-determination referendum the Gilbert and Ellice Islands colony ceased to exist on 1 January 1976 and the separate British colonies of Kiribati and Tuvalu came into existence.
The Constitution adopted on independence.
Tuvalu became fully independent within the Commonwealth on 1 October 1978 with a written constitution. John F. Wilson, as Attorney-General, advised on the transition of Tuvalu to independence including attending the Constitutional Conference in Marlborough House in London and visiting each island of Tuvalu to explain the Constitution.
Amending the Constitution and referendums in Tuvalu.
Section 7 provides for alterations of the Constitution generally and section 8 addresses alterations of the Constitution to give effect to constitutional changes in the United Kingdom.
In 2008 Tuvaluans rejected a constitutional referendum that proposed replacing the Queen of Tuvalu, with an elected president as the Head of State.
The 1986 amendments to the Constitution.
In 1986 the Constitution adopted upon independence was amended in order to give attention to Tuvaluan custom and tradition as well as the aspirations and values of the Tuvaluan people. The changes placed greater emphasis on Tuvaluan community values rather than Western concepts of individual entitlement. The preamble was changed and an introductory ‘Principles of the Constitution’ was added.
The Principles make frequent reference to Tuvaluan values, culture, custom and tradition and draw attention to the importance of the Christian religion to Tuvaluan society.
The 2010 amendments to the Constitution.
The Constitution (Recognition of Traditional Standards, Values and Practices) Amendment Act 2010, had the stated purposes of: 
(a) to protect the island communities of Tuvalu from the spread of religious beliefs which threaten the cohesiveness of island communities. 
(b) to provide the powers necessary to make laws to restrict the exercise of certain constitutional freedoms, where the exercise of those freedoms is inconsistent with a law, or an act done under law, which accords with the traditional standards, values and practices of the island communities of Tuvalu. 
(c) to provide legal recognition for the traditional practices of island communities to limit the establishment of religions on their islands.
The Tuvalu Constitutional Review Project 2016-2023.
In 2016 a review of the Constitution of Tuvalu commenced. The Tuvalu Constitutional Review Project was implemented by the United Nations Development Programme (UNDP) and the Government of Tuvalu. The project reviewed executive/parliamentary relations and Tuvalu's commitments under international law. The project considered the country's socio-economic and political context, such as the sensitivities over political and religious diversity among Tuvalu's Christian and religious minorities.
In July 2020 the Parliament of Tuvalu adopted a Motion to establish: “a constitution select committee that would monitor in ensuring that the constitution plans for the review are observed”. The MPs appointed to the committee were: Hon. Minister Simon Kofe (Chair), Hon. Minister Seve Paeniu, Hon. Minister Isaia Taape, Rt. Hon. MP Enele Sopoaga, and Hon. MP Dr. Puakena Boreham. The Attorney General was appointed as the adviser to the committee.
The Final Report of the Constitutional Review Parliamentary Select Committee was published on 12 December 2022. on the same date the Constitution of Tuvalu Bill 2022 was published. The Select Committee received advice from experts in constitutional law, including Prof. Tom Ginsburg, of the University of Chicago and a specialist in comparative constitutional law.
On 5 September 2023, Tuvalu's parliament passed the Constitution of Tuvalu Act 2023, with the changes to the Constitution coming into effect on 1 October 2023.
Constitution of Tuvalu Act 2023.
Simon Kofe, the Chair of the Constitutional Review Parliamentary Select Committee, summarised the changes to the Constitution as focussing on key areas: 
"(1) the climate crisis and recognition of Tuvalu's statehood; (2) enhancing the stability of governance; (3) judicial reforms; and (4) rights and culture."
The climate crisis and recognition of Tuvalu's statehood.
The 2023 amendments to the Constitution adopt an innovative approach to determining the boundaries of the State of Tuvalu. Section 2(1) states the perpetual statehood of Tuvalu “notwithstanding the impacts of climate change or other causes resulting in loss to the physical territory of Tuvalu”.
Section 2(2) recognises the threat of climate change, and declares Tuvalu's area, including maritime zones (as defined in a schedule that is a Declaration of Tuvalu Geographical Coordinates) are permanent, regardless of any effects resulting from climate change.
Section 2(3) states: “The baseline coordinates declared by Schedule 6 shall remain unchanged, notwithstanding any regression of the low water mark or changes in geographical features of coasts or islands, due to sea-level rise or other causes, until and unless otherwise prescribed by an Act of Parliament.”
Section 2(7) states: “The intent for perpetual Statehood prescribed in subsection (1) and the area of Tuvalu defined in subsection (2) constitutes the sovereign will of the people of Tuvalu.”
The government of Tuvalu recognises that there is no international conventions that it can rely on that can recognise Tuvalu's new status as the effects of climate change are not addressed in the UN Convention on the Law of the Sea. Tuvalu, and other Pacific Ocean countries, support such a position on the impact on territorial boundaries caused by climate change. The leaders of the Pacific Islands Forum countries published a declaration on 6 August 2021 that recalling that Pacific Islands Forum Members have a long history of support for the United Nations Convention on the Law of the Sea (the “Convention”), and which declaration ended with a proclamation: “that our maritime zones, as established and notified to the Secretary-General of the United Nations in accordance with the Convention, and the rights and entitlements that flow from them, shall continue to apply, without reduction, notwithstanding any physical changes connected to climate change-related sea-level rise.”
Enhancing the stability of governance.
The 2023 amendments to the Constitution set out provisions related to: meetings of Parliament (section 119); the prorogation of Parliament (section 120); and the dissolution of Parliament (Section 121).
The 2023 amendments to the Constitution set out provisions that are intended to enhance the oversight role of parliament over the executive government by requiring parliament to meet twice in 12 months. Members of Parliament also have the power to request that parliament sessions are held if sessions are not held at the prescribed times, when half or more of the members make a request.
In order to maintain the continuity of stable government, a vote of no confidence cannot occur in the first 12 months following an election or the last 12 months of a parliamentary term.
Changes to enhance overall parliamentary efficacy are achieved by defining the function and term of a caretaker government have been clarified; and enhanced provisions were introduced for recalling incapacitated members of parliament, such as resulting from serious medical conditions or other causes of incapacity.
Judicial reforms.
The reforms to the judiciary change the eligibility for the position of High Court Judge. The 1986 version of the Constitution required that any person holding that position must have first held judicial office in “some country that has a legal system similar to that of Tuvalu”. The 2023 amendments now provide that a Tuvaluan who has practiced as barrister or solicitor in Tuvalu or has been appointed a magistrate in Tuvalu, is now eligible to be appointed as a judge of the High Court of Tuvalu.
Balancing human rights and Tuvaluan culture and Christian values.
The 2023 amendments to the Constitution balances Christian values, Tuvaluan values or culture, and also human rights recognised by international treaties and conventions, such as constitutional prohibitions on discrimination against people with disabilities and on the grounds of sex to provide greater protections for women.
The Preamble to the Constitution, now includes a declaration that Tuvalu is a Christian nation founded on Christian principles. Section 29(1)) states the values that are recognised:
“(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles; Tuvaluan values, culture and tradition; the Rule of Law; and respect for human dignity. 
(2) This includes recognition of – 
(a) the right to worship, or not to worship, in whatever way the conscience of the individual tells him; and 
(b) the right to hold, to receive and to communicate opinions, ideas and information. 
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights of other people, the Charter of Duties and Responsibilities in section 43, and to the effect on society. 
(4) It may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercise – 
(a) may be divisive, unsettling or offensive to the people; or 
(b) may directly threaten Tuvaluan values or culture.”
The 2023 amendments to the Constitution provide for the protection of Tuvaluan values in the statement of the ‘Principles of the Constitution’ and in (section 29), including the recognition of the Falekaupule, which are the traditional governing authorities of Tuvalu's eight islands.
The 2023 amendments to the Constitution also balance rights with duties and responsibilities of Tuvaluans. Section 43 of the amended Constitution states: “There shall be a Charter of Duties and Responsibilities as contained in subsection (2) which shall declare the core values of Tuvaluan society in accordance with the principles of the Preamble and shall declare the fundamental duties and responsibilities of Tuvaluans in relation to themselves, their families, the community and the State”.
The statement in section 43, of the fundamental duties and responsibilities of Tuvaluans to themselves, their dependents, and others, includes: “to respect society, communities, islands, leaders, and cultural practices and norms; to know their duties and roles in society despite different religious beliefs and practices, to participate in and contribute to Island Communities; to work towards their own improvement, to live and work in peace and harmony with others and to use rights in a way that will not harm others.” (Section 43(2)(a)).
Sections of the Constitution.
Bill of Rights.
Part I, Section 3 of the Constitution states that it is “the supreme law of Tuvalu” and that “all other laws shall be interpreted and applied subject to this Constitution”. Section 15 sets out how the question whether a law is “reasonably justifiable in a democratic society” is to be addressed.
Part II of the Constitution sets out the Principles of the Bill of Rights and the Protection of the Fundamental Rights and Freedoms; with Subdivision B of Part II setting out special exceptions to those rights and freedoms. In particular Section 29 (1) refer states that the “Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.” Section 29 also describes the way in which Tuvaluan values may circumscribe freedoms of the individual to acknowledged community values.
The balancing process that is inherent in reconciling the Protection of the Fundamental Rights and Freedoms with Tuvaluan values or culture was considered, in relation to the 1986 drafting of the Constitution, in "Teonea v Pule o Kaupule of Nanumaga". In that case the High Court of Tuvalu, then subsequently the Court of Appeal of Tuvalu had to determine whether the freedoms of belief (s. 23); expression (s. 24) and assembly and association (s. 25) and the freedom from discrimination (s. 27) could be restricted when the "Falekaupule" (the traditional