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Marshall Islands Consolidated Legislation |
Constitution of the Marshall Islands
MIRC 2005
CONSTITUTION
OF THE REPUBLIC OF THE MARSHALL ISLANDS
PREAMBLE
WE, THE PEOPLE OF
THE REPUBLIC OF THE MARSHALL ISLANDS, trusting in God, the Giver of our
life, liberty, identity and our inherent rights, do hereby exercise these rights
and establish
for ourselves and generations to come this Constitution, setting
forth the legitimate legal framework for the governance of the
Republic.
We have reason to be proud of our forefathers who boldly
ventured across the unknown waters of the vast Pacific Ocean many centuries
ago,
ably responding to the constant challenges of maintaining a bare existence on
these tiny islands, in their noble quest to build
their own distinctive
society.
This society has survived, and has withstood the test of time,
the impact of other cultures, the devastation of war, and the high
price paid
for the purposes of international peace and security. All we have and are today
as a people, we have received as a sacred
heritage which we pledge ourselves to
safeguard and maintain, valuing nothing more dearly than our rightful home on
the islands within
the traditional boundaries of this archipelago.
With
this Constitution, we affirm our desire and right to live in peace and harmony,
subscribing to the principles of democracy, sharing
the aspirations of all other
peoples for a free and peaceful world, and striving to do all we can to assist
in achieving this goal.
We extend to other peoples what we profoundly
seek from them: peace, friendship, mutual understanding, and respect for our
individual
idealism and our common
humanity.
[By way of Constitutional
Amendment #1, the term 'Marshall Islands' as that term is first used herein, was
replaced with the term
'Republic of the Marshall Islands' that Amendment also
replaced the term 'Marshall Islands' as it appears subsequently herein, with
the
term 'Republic'. By way of Constitutional Amendment #2, the third Paragraph was
amended by making the following change to the
last sentence of that Paragraph:
'All we have and are today as a people, we have received as a sacred heritage
which we pledge ourselves
to safeguard and maintain, valuing nothing more dearly
than our rightful home on the islands within the traditional boundaries of
this
archipelago.']
_________________________
ARTICLE I
SUPREMACY OF THE CONSTITUTION
Section 1. This Constitution to be Supreme Law.
(1) This Constitution shall be the supreme law of the
Republic of the Marshall Islands; and all judges and other public officers shall
be bound thereby.
(2) No legislative or executive instrument and no
decision of any court or other government agency made on or after the effective
date of this Constitution shall have the force of law in the Republic unless it
has been made pursuant to this
Constitution.
[By way of Constitutional
Amendment #1, the term 'Marshall Islands' as that term is first used herein, was
replaced with the term
'Republic of the Marshall islands'; that Amendment also
replaced the term 'Marshall Islands' as it appears subsequently herein, with
the
term 'Republic']
Section 2. Inconsistency with this Constitution.
(1) Any existing law and any law made on or after
the effective date of this Constitution, which is inconsistent with this
Constitution,
shall, to the extent of the inconsistency, be void.
(2) Any
other action taken by any person or body on or after the effective date of this
Constitution, which is inconsistent with this
Constitution, shall, to the extent
of the inconsistency, be unlawful
Section 3. Interpretation and Application of this Constitution.
(1) In interpreting and applying this Constitution,
a court shall look to the decisions of the courts of other countries having
constitutions
similar, in the relevant respect, to the Constitution of the
Republic of the Marshall Islands, but shall not be bound thereby; and,
in
following any such decision, a court shall adapt it to the needs of the
Republic, taking into account this Constitution as a whole
and the circumstances
in the Republic from time to time.
(2) In all cases, the provisions of
this Constitution shall be construed to achieve the aims of fair and democratic
government, in
the light of reason and
experience.
[By way of Constitutional
Amendment #1. the term 'Marshall Islands' as that term is first used herein, was
replaced with the term
'Republic of the Marshall Islands' that Amendment also
replaced the term 'Marshall Islands' as it appears subsequently herein, with
the
term 'Republic']
Section 4. Enforcement of this Constitution.
Subject to this Constitution’s express
limitations on the judicial power,
(a) the Attorney-General acting in the name of the people of
the Republic of the Marshall Islands, and all persons directly affected
by an
alleged violation of this Constitution, whether by private individuals or public
officials, shall have standing to complain
of such violation in a case or
controversy that is the subject of an appropriate judicial proceeding;
(b)
any court of general jurisdiction, resolving a case or controversy implicating a
provision of this Constitution, shall have power
to make all orders necessary
and appropriate to secure full compliance with the provision and full enjoyment
of its benefits;
(c) the Government of the Republic and any local government
shall not be immune from suit in respect of their own actions or those
of their
agents; but no property or other assets of the Government of the Republic or of
any local government shall be seized or
attached to satisfy any
judgment.
[By way of Constitutional
Amendment #1, the term 'Marshall Islands' as that term is first used herein, was
replaced with the term
'Republic of the Marshall Islands'; that Amendment also
replaced the term 'Marshall Islands' as it appears subsequently herein, with
the
term 'Republic']
ARTICLE II
BILL OF RIGHTS
Section 1. Freedom
of Thought, Speech, Press, Religion, Assembly, Association, and
Petition.
(1) Every person has the right to freedom of thought,
conscience, and belief; to freedom of speech and of the press; to the free
exercise
of religion; to freedom of peaceful assembly and association; and to
petition the government for a redress of grievances.
(2) Nothing in this
Section shall be construed to invalidate reasonable restrictions imposed by law
on the time, place, or manner
of conduct, provided:
(a) the restrictions are necessary to preserve public peace, order, health, or security or the rights or freedoms of others;
(b) there exist no less restrictive means of doing
so; and
(c) the restrictions do not penalize conduct on the basis of
disagreement with the ideas or beliefs expressed.
(3) Nothing in this Section
shall be construed to prevent government from extending financial aid to
religiously supported institutions
insofar as they furnish educational, medical
or other services at no profit, provided such aid does not discriminate among
religious
groups or beliefs on the basis of a governmental preference for some
religions over others, and provided such aid goes no further
than:
(a)
reimbursing users of educational, medical, or other nonprofit services for fees
charged to such users; or
(b) reimbursing such institutions for costs
incurred in providing such services, but only with funds channeled through an
organization
open to all religious institutions that provide the services in
question.
Section 2. Slavery and
Involuntary Servitude.
(1) No person shall be held in slavery or
involuntary servitude, nor shall any person be required to perform forced or
compulsory
labor.
(2) For the purposes of this Section, the term 'forced
or compulsory labor' does not include:
(a) any labor required by the
sentence or order of a court;
(b) any other labor required of a person
lawfully detained if reasonably
necessary for the maintenance of the place of
detention;
(c) any service required by law in lieu of compulsory military
service when such service has been lawfully required of others.
Section 3.
Unreasonable Search and Seizure.
(1) The right of the people to be secure in their
persons, houses, papers and effects, against unreasonable searches and seizures,
shall not be violated, and no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly describing
the place to be
searched, and the persons or things to be seized.
(2) A search or seizure
shall be deemed unreasonable as a matter of law if no warrant has been obtained
despite adequate time to obtain
one.
(3) Any seizure of a person shall be
deemed unreasonable as a matter of law unless the person is promptly informed of
the cause of
such seizure and is ensured a prompt opportunity to contest its
legality before a judge.
(4) A search of premises not belonging to, or
occupied by, the person who is believed to have committed a crime shall be
deemed unreasonable
as a matter of law unless the person whose premises are
searched has been given a prior opportunity, in an adversary hearing, to
challenge or comply with a subpoena identifying the persons or things to be
produced, or the officer issuing a warrant for the search
has reasonably
determined that such prior notice and hearing would create an undue risk that
the persons or things sought would be
removed or otherwise made
unavailable.
(5) Evidence obtained through an unreasonable search and
seizure, or pursuant to an invalid warrant, cannot be used to support a criminal
conviction.
Section 4. Due Process and Fair Trial.
(1) No person shall be deprived of life, liberty, or
property without due process of law.
(2) Every person charged with a
criminal offense shall be presumed innocent until proven guilty beyond a
reasonable doubt.
(3) Bail shall not be required in an amount greater
than needed to ensure that the accused will appear for trial, nor may any person
be detained before trial when other means are available to provide reasonable
assurance that he will not flee or gravely endanger
the public
safety.
(4) In all criminal prosecutions, the accused shall enjoy the
right to be informed promptly and in detail of the nature and cause
of the
accusation against him; to a prompt judicial determination of whether there is
good cause to hold him for trial; to a speedy
and public trial before an
impartial tribunal; to have adequate time and facilities for the preparation of
his defense; to defend
himself in person or through legal assistance of his own
choice and, if he lacks funds to procure such assistance, to receive it
free of
charge if the interests of justice so require, to be confronted with the
witnesses against him; and to have compulsory process
for obtaining witnesses in
his favor.
(5) There shall be a right to trial by jury, unless knowingly
and voluntarily waived by the accused, whenever the applicable law makes
the
offense punishable by three (3) or more years in prison or, in the case of an
offense for which no maximum is specified, whenever
the sentence actually
imposed is three (3) years or longer.
(6) No person shall be held to
answer for a crime except on presentment or indictment or criminal
information.
(7) No person shall be compelled in any criminal case to be
a witness against himself, or against his spouse, parent, child, or sibling,
or
to give testimonial evidence against any such
person whenever that evidence
might directly or indirectly be used to obtain such person’s criminal
conviction.
(8) No person shall be subjected to coercive interrogation,
nor may any involuntary confession or involuntary guilty plea, or any
confession
extracted from someone who has not been informed of his rights to silence and
legal assistance and of the fact that what
he says may be used against him, be
used to support a criminal conviction.
(9) No person shall be subjected
to double jeopardy, but retrial shall be permitted after a conviction has been
reversed on the defendant’s
appeal.
(10) No person shall be
preventively detained, involuntarily committed, or otherwise deprived of liberty
outside the criminal process,
except pursuant to Act, subject to fair
procedures, and upon a clear showing that the person’s release would
gravely endanger
his own health or safety or the health, safety, or property of
others.
Section 5. Just Compensation.
(1) No land right or other private property may be
taken unless a law authorizes such taking; and any such taking must be by the
Government
of the Republic of the Marshall Islands, for public use, and in
accord with all safeguards provided by law.
(2) A use primarily to
generate profits or revenues and not primarily to provide a public service shall
not be deemed a 'public use.'
(3) Land rights shall not be taken if there
exist alternative means, by land fill or otherwise, of achieving at
non-prohibitive expense
the purpose to be served by such taking.
(4)
Before any land right or other form of private property is taken, there must be
a determination by the High Court that such taking
is lawful and an order by the
High Court providing for prompt and just compensation
(5) Where any land
rights are taken, just compensation shall include reasonably equivalent land
rights for all interest holders or
the means to obtain the subsistence and
benefits that such land rights provide.
(6) Whenever the taking of land
rights forces those who are dispossessed to live in circumstances reasonably
requiring a higher level
of support, that fact shall be considered in assessing
whether the compensation provided is just.
(7) In determining whether
compensation for land rights is just, the High Court shall refer the matter to
the Traditional Rights Court
and shall give substantial weight to the opinion of
the latter.
(8) An interest in land or other property shall not be deemed
'taken' if it is forfeited pursuant to law for nonpayment of taxes or
debt or
for commission of crime, or if it is subjected only to reasonable regulation to
protect the public welfare.
(9) In construing this Section, a court shall
have due regard for the unique place of land rights in the life and law of the
Republic.
[By way of Constitutional
Amendment #1, the term 'Marshall Islands' as that term is first used herein, was
replaced with the term
'Republic of the Marshall Islands' that Amendment also
replaced the term 'Marshall Islands' as it appears subsequently herein, with
the
term 'Republic’]
Section 6. Cruel and Unusual Punishment.
(1) No crime under the law of the Republic of the
Marshall Islands may be punished by death.
(2) No sentence of
imprisonment at hard labor shall be imposed on any person who has not attained
the age of 18 years.
(3) No person shall be subjected to torture or to
inhuman and degrading treatment, to cruel and unusual punishment, or to
excessive
fines or deprivations.
[By
way of Constitutional Amendment #1, the term 'Marshall Islands' as that term is
first used herein, was replaced with the term
'Republic of the Marshall
Islands']
Section 7. Habeas Corpus.
(1) In order that the legality of any person’s
detention always remain subject to appropriate challenge in a court of law, the
writ of habeas corpus shall not be suspended.
(2) Any person held in
custody is entitled to apply, in person or through another, to any judge in the
Republic of the Marshall Islands
for a writ of habeas corpus.
(3) There
shall be a prompt hearing on any application for a writ of habeas corpus, and if
it appears that the person being detained
is being held in violation of this
Constitution or other law of the Republic, the judge with whom the application
was filed shall
order the immediate release of the person detained, subject to
reasonable provisions for appeal by the detaining authority.
(4) In the
case of a person detained pursuant to a criminal conviction or sentence, the
judge with whom the application was filed
shall determine whether the judgment
underlying the challenged detention was rendered without jurisdiction or in
violation of the
detained person’s rights under this Constitution or other
law of the Republic and shall set the judgment aside and order the
prisoner’s release if either infirmity is found.
(5) The provisions
of paragraphs (3) and (4) of this Section shall extend not only to the fact of
the applicant’s custody but
also to such particular conditions of the
applicant’s custody as are challenged as being contrary to law.
(6)
Insofar as a determination under paragraph (4) or paragraph (5) of this Section
requires a ruling on a controverted matter, the
judge with whom an application
for habeas corpus has been filed shall treat as conclusive any prior
determination of a court of record
in which the applicant had a full and fair
opportunity to litigate the matter, providing such determination either was
ultimately
upheld on appeal or was knowingly and voluntarily permitted to stand
without challenge by the applicant. [By way of
Constitutional Amendment #1, the term 'Marshall Islands' as that term is first
used herein, was replaced with the term
'Republic of the Marshall Islands' that
Amendment also replaced the term 'Marshall Islands' as it appears subsequently
herein, with
the term 'Republic']
Section 8. Ex -Post Facto Laws and Bills of Attainder.
(1) No person shall be subjected to ex post facto
punishment such as punishment in excess of that validly applicable at the time
the
act in question was committed, or punishment imposed by a procedure less
favorable to the accused than that validly applicable at
the time the act was
committed.
(2) No person shall be subjected to punishment under a bill of
attainder such as a law which singles out for penalty a named or readily
identifiable individual or group of individuals.
Section 9. Quartering of Soldiers.
No soldier shall, in time of peace, be quartered in
any house without the consent of the owner, nor in time of war but in the manner
prescribed by law.
Section 10. Imprisonment for Debt.
No person shall be imprisoned for debt; nor shall
any person be imprisoned for failure to pay a fine assessed as punishment for a
crime unless he has been afforded a reasonable time to make payment and has been
found to have the means to do so.
Section 11. Conscription and Conscientious Objection.
No person shall be conscripted to serve in the armed
forces of the Republic of the Marshall Islands except in time of war or imminent
danger of war as certified by the Cabinet, and no person shall be conscripted
if, after being afforded a reasonable opportunity to
do so, he has established
that he is a conscientious objector to participation in
war. [By war of Constitutional Amendment #1,
the term 'Marshall Islands' as that term is first used herein, was replaced with
the term
'Republic of the Marshall Islands']
Section 12. Equal Protection and Freedom from Discrimination.
(1) All persons are equal under the law and are
entitled to the equal protection of the laws.
(2) No law and no executive
or judicial action shall, either expressly, or in its practical application,
discriminate against any
person on the basis of gender, race, color, language,
religion, political or other opinion, national or social origin, place of birth,
family status or descent.
(3) Nothing in this Section shall be deemed to
preclude non-arbitrary preferences for citizens pursuant to law.
Section 13. Personal Autonomy and Privacy.
All persons shall be free from unreasonable
interference in personal choices that do not injure others and from unreasonable
intrusions
into their privacy.
Section 14. Access to Judicial and Electoral Processes.
(1) Every person has the right to invoke the
judicial process as a means of vindicating any interest preserved or created by
law,
subject only to regulations which limit access to courts on a
non-discriminatory basis.
(2) Every person has the right to participate
in the electoral process, whether as a voter or as a candidate for office,
subject only
to the qualifications prescribed in this Constitution and to
election regulations which make it possible for all eligible persons
to take
part.
(3) In the administration of judicial and electoral processes, no
fee may be imposed so as to prevent participation by a person unable
to afford
such fee.
Section 15. Health. Education, and Legal Services.
The Government of the Republic of the Marshall
Islands recognizes the right of the people to health care, Education, and legal
services
and the obligation to take every step reasonable and necessary to
provide these services. [By way of
Constitutional Amendment #1, the term 'Marshall Islands' as that term is first
used herein, was replaced with the term
'Republic of the Marshall
Islands']
Section 16. Ethical Government.
The Government of the Republic of the Marshall
Islands recognizes the right of the people to responsible and ethical government
and
the obligation to take every step reasonable and necessary to conduct
government in accord with a comprehensive code of ethics.
[By way of Constitutional Amendment #1, the
term 'Marshal! Islands 'as that term is first used herein, was replaced with the
term
'Republic of the Marshall Islands ']
Section 17. Other Rights.
The enumeration in this Constitution of certain
rights shall not be construed to deny or disparage others retained by the
people.
Section 18. Invoking Bill of Rights Provisions.
(1) No right secured by the Bill of Rights may be
denied or abridged, whether directly through the imposition of force or penalty,
or indirectly through the withholding of privilege or benefit.
(2) Any
provision of the Bill of Rights may be invoked either as a defense to a civil or
criminal proceeding or as a basis for legal
or equitable relief against any
actual or threatened violation.
ARTICLE III
MWEO IMON IROIJ
Section 1. The Council of Iroij.
(1) There shall be a Council of Iroij of the Republic of
the Marshall Islands.
(2) The Council of Iroij shall consist of 5
eligible persons from districts of the Ralik Chain and 7 eligible persons from
districts
of the Ratak Chain of the Republic selected as follows:
from
the Ralik Chain excluding Ujelang...........................................4
Iroijlaplaps
from
Ujelang...................................................................................1
Iroijlaplap
from
Mili.........................................................................................1
Iroijlaplap
from
Arno........................................................................................1
Iroijlaplap
from
Mejit........................................................................................1
Iroijlaplap
from
Majuro.....................................................................................1
Iroijlaplap
from Airok
(Maloelap)......................................................................1
Iroijlaplap
from Aur, Maloelap (excluding Airok), Wotje, Utrik and
Ailuk.........1 Iroijlaplap
from
Likiep.......................................................................................1
Owner
(3) If, in any district, a person or group of persons becomes
recognized, pursuant to the customary law or to any traditional practice,
as
having rights and obligations analogous to those of Iroijlaplap, that person, or
a member of that group nominated by the group,
shall be deemed to be eligible to
be a member of the Council of Iroij as though he were an Iroijlaplap.
(4)
Where in any district, the number of persons eligible to be members of the
Council of Iroij is greater than the number of seats
to be filled
(a) the term of office of the member or members from that
district shall be one calendar year;
(b) before the expiration of any
calendar year, the eligible persons in that district shall endeavor to reach
agreement among themselves
as to which of them shall be the member or members
from that district during the next calendar year;
(c) if, by the date of the
first meeting of the Council in any calendar year, there has been no such
agreement, the Nitijela shall
as soon as practicable proceed, by resolution, to
appoint one or more of the eligible persons to be the member or members from
that
district;
(d) the selection of any member, whether by the eligible
persons themselves or by the Nitijela, shall take account of the need for
a
reasonable rotation among the eligible persons in that district, but any member
may serve for two or more terms, consecutively
or otherwise.
(5) If, in the case of any district, there is for
any reason no person eligible to be a member of the Council of Iroij in
accordance
with paragraphs (2) or (3) of this Section, the Council of Iroij
shall as soon as practicable proceed, by resolution, to appoint
as a member of
the Council a person who, in the opinion of the Council, having regard to the
customary law and any traditional practice,
is qualified by reason of his family
ties to a person who, but for that reason, would have been eligible to be a
member of the Council
from that district.
(6) The term of any member of
the Council of Iroij taking office during any calendar year shall be the
remainder of that calendar
year.
(7) A person shall not be eligible to be
a member or the deputy of a member of the Council of Iroij if:
(a) he is
not a qualified voter; or
(b) he is a member of the Nitijela
(8)
Any question that arises concerning the right of any person to be or to remain a
member, or the deputy of a member, of the Council
of Iroij, or to exercise the
rights of a member, shall be referred to and determined by the High
Court. [By way of Constitutional Amendment #1,
the term 'Marshall Islands' as that term is first used herein, was replaced with
the term
'Republic of the Marshall islands' that Amendment also replaced the
term 'Marshall Islands' as it appears subsequently herein, with
the term
'Republic']
Section 2. Functions of the Council of Iroij.
The Council of Iroij shall have the following
functions:
(a) the Council may consider any matter of concern to the
Republic of the Marshall Islands, and it may express its opinion thereon
to the
Cabinet;
(b) the Council may request, in accordance with Section 3 of
this Article, the reconsideration of any Bill affecting the customary
law, or
any traditional practice, or land tenure, or any related matter, which has been
adopted oil third reading by the Nitijela;
(c) the Council shall have
such other functions as may be conferred on it by or pursuant to Act.
[By way of Constitutional Amendment #1, the
term 'Marshall Islands' as that term is first used herein, was replaced with the
term
'Republic of the Marshall Islands']
Section 3. Requests for Reconsideration of Bills.
(1) Subject to paragraph (8) of this Section, the
Clerk of the Nitijela shall transmit to the Clerk of the Council of Iroij, for
reference
to the Council, a copy of every Bill adopted on third reading by the
Nitijela.
(2) The Council of Iroij may, within 7 days after the date of
such transmittal, adopt a resolution expressing its opinion that a Bill
so
transmitted to the Council affects the customary law or a traditional practice,
or land tenure, or a related matter, and requesting
the Nitijela to reconsider
the Bill, or it may sooner, by writing signed by the Chairman of the Council,
record its decision not
to adopt any such resolution.
(3) The Clerk of
the Council of Iroij shall forthwith transmit to the Clerk of the Nitijela, for
reference to the Speaker, a copy
of any such resolution or decision, together
with any observations on the Bill which the Council may wish to make.
(4)
The Speaker may, pursuant to Section 21 of Article IV, certify that a Bill
required to be transmitted to the Council of Iroij
has been passed by the
Nitijela, if he is satisfied that the Council has, in relation to that Bill,
adopted no resolution pursuant
to paragraph (2) of this Section within the
period of 7 days referred to in that paragraph, or has sooner recorded its
decision not
to adopt any such resolution.
(5) If, in relation to any
Bill, the Council of Iroij has adopted a resolution pursuant to paragraph (2) of
this Section, the Nitijela
may proceed to reconsider the Bill, together with any
observations of the Council thereon.
(6) In the course of any such
reconsideration, the Speaker may, in consultation with the Chairman of the
Council of Iroij, arrange
for the holding of a joint conference between members
of the Council and members of the Nitijela, for the purpose of endeavoring
to
reach agreement about the content of the Bill.
(7) After reconsidering
the Bill, the Nitijela may decide not to proceed with the Bill, or may amend the
Bill in any manner it thinks
fit, or may, by resolution, reaffirm its support
for the Bill without amendment.
(8) The provisions of paragraph (1) of
this Section shall not apply to an Appropriation Bill or a Supplementary
Appropriation Bill
or to any Bill which the Nitijela has amended or reaffirmed,
pursuant to paragraph (7) of this Section.
(9) The Speaker may, pursuant
to Section 21 of Article IV, certify that a Bill to which paragraph (5) of this
Section relates has
been passed by the Nitijela, if he is satisfied that it has
been amended or reaffirmed pursuant to paragraph (7) of this Section.
Section 4. Compensation of Members of the Council of Iroij.
The compensation of members of the Council of Iroij
shall be specifically prescribed by
Act.
Section 5. The Chairman and the Vice-Chairman of the Council of Iroij.
(1) The Chairman and the Vice-Chairman of the
Council of Iroij shall be the members of the Council elected to those offices by
a majority
of the members present and voting at a meeting of the
Council.
(2) The Council of Iroij shall, by secret ballot, proceed to
elect the Chairman and the Vice-Chairman, before the despatch of any
other
business, at the first meeting of the Council of Iroij in each calendar year,
and shall so proceed to elect a member of the
Council to fill any vacancy in the
office of Chairman or Vice-Chairman, before the despatch of any other business,
at the first meeting
of the Council after the occurrence of the
vacancy.
(3) The Chairman or Vice-Chairman may resign his office by
writing signed by him, delivered to the Clerk of the Council of Iroij,
and each
shall vacate his office:
(a) on the entry into office of a new Chairman or Vice-Chairman elected when the Council of Iroij first meets in each calendar year; or
(b) if he ceases to be a member of the Council of
Iroij; or
(c) if he is removed from office by a resolution of the
Council of Iroij carried by not less than two thirds of the members present
and
voting at a meeting of the Council.
Section 6.
Functions of the Chairman.
(1) The Chairman shall preside over any meeting of
the Council of Iroij at which he is present and shall have other functions
conferred
on him by this Constitution or by Act, or pursuant to a resolution of
the Council.
(2) If the Chairman is not present at any meeting of the
Council of Iroij, or, through absence, illness or any other cause, he is
unable
to perform any other function of his office, or the office of Chairman is
vacant, the Vice-Chairman shall preside over that
meeting or perform that
function until the Chairman is again present at that meeting or able to perform
that function.
(3) If, on any occasion, there is neither a Chairman nor a
Vice-Chairman who is able to preside over any meeting of the Council of
Iroij or
perform any other function of the Chairman, then, until the Chairman or the
Vice-Chairman is again able to perform that
function, it shall be performed by
the oldest member of the Council who is available.
Section 7. Procedure of the Council of Iroij.
(1) The Council of Iroij shall meet in regular
session during any period when the Nitijela is meeting in regular session, and
in special
session during any period when the Nitijela is meeting in special
session, and shall remain in regular or special session, as the
case may be,
during such period after the date of termination of every session of the
Nitijela as may be necessary to permit the
Council to adopt a resolution or
record its decision in relation to any Bill transmitted to it, pursuant to
Section 3 of this Article.
(2) The Council of Iroij shall meet in Special
session at any other time fixed by the Chairman of the Council, or by the Clerk
of
the Council acting at the request of not less than 9 members, and shall
remain in such special session until such date as the Council
may
decide.
(3) Business may be validly transacted at any meeting of the
Council of Iroij if the number of members present is not less than 6.
(4)
Except as otherwise provided in this Section, the Council of Iroij shall
determine its own procedure.
Section 8. Vacancies in the Council of Iroij.
(1) The seat of a member of the Council of Iroij
shall become vacant if:
(a) he dies; or
(b) he resigns his seat by writing under his hand delivered to the Clerk of the Council; or
(c) he ceases to be a qualified voter; or
(d)
he becomes a member of the Nitijela.
(2) Any vacancy in the Council of
Iroij shall be filled by applying, as nearly as may be, the provisions of
Section 1 of this Article.
Section 9. Deputies of Members of the Council of Iroij.
(1) A member of the Council of Iroij who is
prevented by absence, illness or any other cause from attending any meeting of
the Council
or of any committee thereof or of any joint committee or joint
conference may appoint a person who is qualified by reason of his
family ties to
that member to be his deputy at that meeting.
(2) If, at any meeting of
the Council of Iroij, or of any committee thereof or of any joint committee or
joint conference, any member
is absent, and is not represented by a deputy
appointed by him, or the seat of any member is vacant, the Council of Iroij may,
by
resolution, appoint a person who, in the opinion of the Council, having
regard to the customary law and any traditional practice,
is qualified by reason
of his family ties to that member to be his deputy at that meeting.
(3)
Any deputy of a member may perform the functions and shall have the powers,
duties and privileges of that member: Provided that
no deputy of a member shall
perform the functions of Chairman unless there is no member of the Council
available to perform those
functions.
Section 10. Privileges of the Council of Iroij and its Members.
(1) Neither the Council of Iroij nor any member of
the Council shall be subject to any proceeding outside that body, or subjected
to any liability, civil or criminal, in relation to the casting of any vote, the
making of any statement, the publication of any
document or the taking of any
other action as part of the official business of the Council of
Iroij.
(2) The Council of Iroij shall not be disqualified from the
transaction of business by reason only that there is a vacancy among its
members, or that, in any case where Section 9 of this Article applies, no
appointment of a deputy has been made pursuant to that
Section.
(3)
Nothing done in the course of the official business of the Council of Iroij
shall be questioned on the ground that some person
who acted as a member of the
Council or the deputy of a member in relation to that matter was not qualified
so to act.
Section 11. Clerk of the Council of Iroij.
(1) There shall be a Clerk of the Council of Iroij
who shall be an officer of the Public
Service and shall have the functions
conferred on him by this Constitution or by or pursuant to
Act or to a
resolution of the Council.
(2) The Clerk of the Council of Iroij shall be
responsible for arranging the business for and keeping a record of the
proceedings
of the Council of Iroij.
(3) The Clerk of the Council of
Iroij shall perform, with respect to the Chairman and to the other members of
the Council such secretarial
and other functions as may be required.
ARTICLE IV
THE LEGISLATURE
Section 1. Legislative Power Vested in the Nitijela.
(1) The legislative power of the Republic of the
Marshall Islands shall be vested in the Nitijela and shall be exercised by
Act.
(2) The power conferred by this Section shall include the
power:
(a) to repeal, revoke or amend any law in force in the Republic;
and
(b) to confer, by Act, the authority to promulgate rules,
regulations, orders or other subordinate instruments pursuant to that Act
and in
furtherance of its stated purposes; and
(c) to make all other laws which it
considers necessary and proper for carrying into execution any of its other
powers, or any power
vested by this Constitution in any other government agency
or any public officer. [By way of
Constitutional Amendment #1, the term 'Marshall Islands' as that term is first
used herein, was replaced with the term
'Republic of the Marshall Islands' that
Amendment also replaced the term 'Marshall Islands' as it appears subsequently
herein, with
the term 'Republic']
Section 2.
Membership of the Nitijela.
(1) The Nitijela shall consist of 33 members to be elected from the following electoral districts in the number indicated beside the name of each electoral district:
Majuro..................................................................................
5
Kwajalein..............................................................................
3
Ailinglaplap..........................................................................
2
Arno......................................................................................
2
Jaluit.......................................................................................
2
Jabat
......................................................................................
1
Mili.........................................................................................
1
Ebon.......................................................................................
1
Lib..........................................................................................
1
Namdrik...................................................................................1
Maloelap...........................................................................................
1
Wotje...............................................................................................1
Likiep..............................................................................................1
Ailuk..............................................................................................1 Aur................................................................................................1 Namu.............................................................................................1
Wotho
...........................................................................................1
Enewetak
&
Ujelang.......................................................................1
Bikini &
Kili...................................................................................1
Rongelap........................................................................................1
Mejit
.............................................................................................1
Utrik..............................................................................................1
Lae
................................................................................................1
Ujae
...........................................................................................1
Narikrik, Erikub, Jemo, Taka, Bikar, Bokak, Rongrik and Ailinginae shall
each be included in the electoral district with which it
is most closely
associated, pursuant to the customary law or any traditional
practice.
(2) At any election in any electoral district, every qualified
voter shall have the right to vote for as many candidates as there
are seats to
be filled; and the requisite number of candidates who receive the greatest
number of votes, whether or not the number
of votes received by any candidate
constitutes a majority, shall be the member or members elected to represent that
electoral district,
and shall be so declared pursuant to law.
(3) Subject
to paragraphs (4) and(5) of this Section, the Nitijela may, by Act, amend
paragraph (1) of this Section so as to vary
the total number of members of the
Nitijela, or the number of electoral districts, or their geographic boundaries,
or the number
of members to be elected from any electoral district.
(4)
Any such amendment of paragraph (1) of this Section shall, so far as
practicable, be made in accordance with the principle that
every member of the
Nitijela should represent approximately the same number of voters; but account
shall also be taken of geographical
features, community interests, the
boundaries of existing administrative and recognized traditional areas, means of
communication
and density and mobility of population.
(5) The Nitijela
shall not proceed further than the first reading of any Bill or amendment to a
Bill which, in the opinion of the
Speaker, makes provision for amending
paragraph (1) of this Section, unless it has before it a report, made by a
committee of the
Nitijela, or by some other body authorized for the purpose by
Act, reviewing the composition of the Nitijela and stating whether
or not it
would be desirable in the circumstances, having regard to the provisions of
paragraph (4) of this Section, to amend paragraph(1);
and that report has been
published.
(6) It shall be the duty of the Nitijela to call, at least
once in 10 years, for a report, pursuant to paragraph (5) of this Section
and to
publish that report.
Section 3. Elections of Members of the Nitijela.
(1) Elections of members of the Nitijela shall be
conducted by secret ballot under a system of universal suffrage for all citizens
of the Republic of the Marshall Islands who have attained the age of 18 years,
and who are otherwise qualified to vote pursuant to
this Section.
(2) No
person shall be qualified to be a voter if:
(a) he is certified to be
insane; or
(b) in respect of his conviction for a felony, he is serving a
sentence of imprisonment or is released on parole or probation.
(3) Every
person otherwise qualified to be a voter shall have the right to vote in one and
one only electoral district, being an electoral
district in which he either
resides or has land rights; but a person who has a choice of electoral districts
pursuant to this paragraph
shall exercise that choice in any manner prescribed
by law. [By war of Constitutional Amendment #1
the term 'Marshall Islands' as that term is first used herein, was replaced with
the term 'Republic
of the Marshall Islands']
Section 4. Qualifications of Candidates.
(1) Every qualified voter who has attained the age
of 21 years is qualified to be a candidate for election as a member of the
Nitijela.
(2) Any person who is qualified to be a candidate under
paragraph (1) of this Section shall have the right to be a candidate in any
electoral district in which he is entitled to vote, or unless otherwise provided
by Act, in any other electoral district:
Provided that no person may, at
any election, be a candidate in more than one electoral district.
Section 5. Public Servants Who Become Candidates or Are Elected.
(1) Employees of the Public Service who become
candidates for election as members of the Nitijela shall be granted leave of
absence
for the purposes of their candidature in accordance with any conditions
prescribed by law.
(2) If any such employee is declared elected as a
member of the Nitijela, he shall be deemed to have resigned from his employment
in the Public Service.
Section 6. Vacation of Seats by Members of the Nitijela.
(1) The seat of any member of the Nitijela shall
become vacant if, and only if,
(a) he ceases to possess any qualification to be a candidate which he was required to have at the time of his candidature; or
(b) he dies; or
(c) he resigns his seat, by writing signed by him, delivered,
in the case of a member other than the Speaker to the Speaker, and,
in the case
of the Speaker, to the Clerk of the Nitijela; or
(d) he is absent without the
leave of the Nitijela from the meetings of the Nitijela held on 20 consecutive
sitting days; or
(e) he accepts appointment (except as a member of the
Cabinet) to any other office entitling him to compensation from public money:
or
(f) the Nitijela is dissolved.
(2) If the
seat of any member of the Nitijela becomes vacant for any reason other than the
dissolution of the Nitijela, the vacancy
shall be filled at an election in the
electoral district which he represented, held at the time prescribed by law, and
conducted
in accordance with Sections 3, 4 and 5 of this Article.
(3)
Whenever the seats of the members of the Nitijela become vacant as a result of
the dissolution of the Nitijela, the vacancies
shall be filled at a general
election held pursuant either to Section 12 or to Section 13 of this Article, as
the case may require,
and conducted in accordance with Sections 3, 4 and 5 of
this Article.
Section 7. The Speaker and the Vice-Speaker.
(1) The Speaker and the Vice-Speaker shall be the
members of the Nitijela elected to those offices by the Nitijela.
(2) The
Nitijela shall, by secret ballot, proceed to elect the Speaker and the
Vice-Speaker before the despatch of any other business,
at the first meeting of
the Nitijela after each general election; and shall so proceed to elect a member
of the Nitijela to fill
any vacancy in the office of Speaker or Vice-Speaker,
before the despatch of any other business, at the first meeting of the Nitijela
after the occurrence of the vacancy.
(3) The Speaker or the Vice-Speaker
may resign his office by writing signed by him, delivered to the Clerk of the
Nitijela, and each
shall vacate his office:
(a) on the entry into office of a new Speaker or Vice-Speaker
elected when the Nitijela first meets after a general election; or
(b) if he
ceases to be a member of the Nitijela for any reason other than the dissolution
thereof; or
(c) if he takes office as the President or a
Minister; or
(d) if he is removed from office by a resolution of the
Nitijela carried by not less than two thirds of the total membership of the
Nitijela.
Section 8. Functions of the
Speaker.
(1) The Speaker shall preside over any meeting of
the Nitijela at which he is present and shall have the other functions conferred
on him by this Constitution or by or pursuant to Act or to the Rules of the
Nitijela.
(2) The Speaker shall be responsible for ensuring that the
official business of the Nitijela is conducted in compliance with this
Constitution and the Rules of the Nitijela, and shall exercise his functions
impartially.
(3) If the Speaker is not present at any meeting of the
Nitijela, or through absence, illness or any other cause, he is unable to
perform any other function of his office or the office of Speaker is vacant, the
Vice-Speaker shall preside over that meeting or
perform that function until the
Speaker is again present at that meeting or able to perform that
function.
(4) If at any time when the Nitijela is in session, there is
neither a Speaker nor a Vice-Speaker who is able to preside over a meeting
of
the Nitijela or perform any other function of the Speaker, the Clerk of the
Nitijela shall preside for the purpose of enabling
the members of the Nitijela
to select one of their number, not being the President or a Minister, to preside
over any meeting and
perform any other function of the Speaker until the Speaker
or the Vice-Speaker is present at that meeting or able to perform that
function.
(5) If at any time when the Nitijela is not in session there is
neither a Speaker nor a Vice-Speaker who is able to perform the functions
of the
Speaker, then, until the Speaker or the Vice-Speaker is again able to perform
those functions, they shall be performed by
a member of the Nitijela not being
the President or a Minister, appointed for the purpose by the Clerk of the
Nitijela, by writing
signed by him.
(6) Every document, including any
certificate, signed by the Speaker in the performance of his functions shall be
countersigned by
the Clerk of the Nitijela, and where, pursuant to this Section,
any such document or certificate is signed by the Vice-Speaker or
by a member of
the Nitijela performing the functions of the Speaker, it shall be so stated on
the document or in that certificate.
Section 9. Determination on Questions of Membership of the Nitijela.
Any question that arises concerning the right of any
person to vote at an election of a member or members of the Nitijela, or to be
or to remain a member of the Nitijela, or to exercise the rights of a member, or
concerning the conduct of any person in relation
to any election of a member or
members of the Nitijela, shall be referred to and determined by the High
Court.
Section 10. Sessions of the Nitijela.
(1) The Nitijela shall meet in regular session on
the first Monday in January in each year and shall, subject to Section 11 of
this
Article, remain in session for 50 sitting days:
Provided that the
President may, by writing signed by him, appoint a later date for the
termination of any regular session.
(2) If there has been a general
election or if, at any time when the Nitijela is not in session, an election of
the President is for
any other reason required, and more than 60 days will
elapse before the date of the next regular session of the Nitijela, the
President
shall, within 14 days after the date of the general election or the
date of the occurrence of any other event requiring an election
of the
President, call the Nitijela to meet in special session on a date not more than
30 days after the date of the call; and in
any case where the President has not
called the Nitijela to meet in special session in accordance with this
paragraph, the Speaker
shall call the Nitijela to meet in special session as
soon as practicable.
(3) If more than 120 days have elapsed after the
date on which the preceding session of the Nitijela terminated, any 10 members
of
the Nitijela, not being members of the Cabinet, representing not less than 4
electoral districts, may, by written petition signed
by each of them, request
the President to call the Nitijela to meet in special session in order to
consider the matter or matters
of urgent public business set forth in the
petition. Unless the President has within 7 days of the receipt of the petition,
called
the Nitijela to meet in special session on a date not more than 30 days
after the date of the call, the Speaker shall call the Nitijela
to meet in
special session as soon as practicable. Any special session called pursuant to
this paragraph may consider any matter;
but no such special session shall be
terminated before the expiration of 30 sitting days unless the Speaker has
certified that the
Nitijela has sooner disposed of the matter or matters of
urgent public business which it was called to consider.
(4) At any time
when the Nitijela is not already meeting in regular session or in special
session, the President may, by writing signed
by him, call it to meet in special
session.
(5) Subject to paragraph (3) of this Section and to Section 11
of this Article, the President shall, by writing signed by him, appoint
the date
for the termination of any special session of the Nitijela.
Section 11. Special Provisions as to Termination of Sessions and Recesses of the Nitijela.
(1) Subject to Sections 12 and 13 of this
Article,
(a) whenever, during any session of the Nitijela, an election
of a President is required, that session of the Nitijela shall not terminate
and
no recess shall be held until there has been an appointment of the members of
the Cabinet, after the election of a President,
unless, in relation to an
election following the tender of the President’s resignation from office
pursuant to paragraph (3)
of Section 7 of Article V, that tender has sooner
lapsed; or
(b) whenever, during any session of the Nitijela, notice is given
of a motion of no confidence in the Cabinet, that session of the
Nitijela shall
not terminate and no recess shall be held before the expiration of 10 days after
the date of the giving of the notice,
unless that motion has sooner been voted
upon.
(2) Subject to paragraph (1) of this Section, the
Rules of the Nitijela may provide for the holding of a recess during any session
of the Nitijela.
Section 12. Dissolution of the Nitijela and General Election.
(1) Pursuant to paragraphs (2) and(3) of this
Section, the Nitijela shall be dissolved and there shall be a general election
of all
members of the Nitijela in every fourth calendar year, unless the
Nitijela is sooner dissolved and a general election is sooner held
pursuant to
Section 13 of this Article.
(2) The Nitijela shall automatically be
dissolved on the thirtieth day of September in the fourth year after the year in
which the
last preceding general election was held:
Provided that, if in
any calendar year there was, pursuant to Section 13 of this Article, a general
election on or before the thirtieth
day of April, the Nitijela shall
automatically be dissolved on the thirtieth day of September in the third year
after the year in
which that general election was held
(3) In the year
when the Nitijela is dissolved on the thirtieth day of September, there shall be
a general election on the third Monday
in November.
Section 13. Special Provisions for Early Dissolution of the Nitijela and a General Election.
(1) The President may, by writing signed by him,
dissolve the Nitijela if:
(a) a motion of no confidence in the Cabinet has twice been
carried and has twice lapsed, and no other President has held office in
the
interval between the two votes of no confidence; or;
(b) no Cabinet has been
appointed within 30 days after the date on which the Nitijela proceeded to elect
a President for any reason
other than the tender of the President’s
resignation from office following a vote of no confidence.
(2) The power of the President to dissolve the
Nitijela shall lapse, if it has not been exercised before the expiration of 30
days
after the date on which it first arose.
(3) In every case where the
Nitijela has been dissolved pursuant to this Section, there shall be a general
election on the seventh
Monday after the date of the dissolution.
Section 14. Clerk of the Nitijela.
(1) There shall be a Clerk of the Nitijela who shall
be an officer of the Public Service and shall have the functions conferred on
him by this Constitution or by or pursuant to Act or to the Rules or a
resolution of the Nitijela.
(2) The Clerk of the Nitijela shall be
responsible for:
(a) preparing the business and keeping a record of the
proceedings of the Nitijela and publishing that record from time to time;
and
(b) arranging for the signing of documents and giving of certificates by
the Speaker, whenever any signature or certification of the
Speaker is required
pursuant to this Constitution or to any law, and keeping a record of all
documents and certificates so signed
or given; and
(c) arranging for the
performance, with respect to the Speaker and to the other members of the
Nitijela, of such secretarial and other
functions as may be required.
Section
15. Procedure of the Nitijela.
(1) Subject to this Section and to any Act, the
Nitijela may from time to time make Rules for the regulation and orderly conduct
of
its proceedings and the despatch of its official business.
(2) The
Rules of the Nitijela shall ensure that, in the conduct of its official
business, there is an opportunity for all points of
view represented in the
Nitijela to be fairly heard.
(3) Except where this Constitution otherwise
provides, every question before the Nitijela shall be decided by a majority of
the votes
of the members present and voting at a meeting of the
Nitijela.
(4) Unless pursuant to an Act or to the Rules of the Nitijela,
a member is required to abstain from voting on any matter in which
he has a
personal interest, every member present when any question is put to the Nitijela
shall vote thereon.
(5) When any question is put to the Nitijela, any
member may call for a roll-call vote thereon, unless this Constitution requires
that vote to be by secret ballot.
(6) No member of the Nitijela may vote
more than once on any question, or vote by proxy or be represented at any
meeting of the Nitijela
by any other person.
(7) No motion or other
proposal shall be adopted and no candidate shall be elected on an evenly-divided
vote, but further votes may
be taken in respect of the motion or other proposal
or election in the manner prescribed in the Rules of the Nitijela.
(8) No
business shall be transacted at any meeting of the Nitijela if the number of
members then present is less than half of the
total membership of the
Nitijela.
(9) The powers of the Nitijela shall not be affected by any
vacancy in its membership.
(10) No Bill shall be passed unless it has
been read three (3) times in the Nitijela.
(11) Any Bill or other
business before the Nitijela at its dissolution shall lapse.
(12) The
Nitijela may, by resolution, declare that any person who has acted contrary to
the provisions of this Constitution or of
any Act relating to the conduct of the
official business of the Nitijela, or to the Rules of the Nitijela, is in
contempt of the
Nitijela; but no member of the Nitijela shall be punished
therefor, except by suspension for no longer than 10 sitting days pursuant
to
such Act or Rules, and no person other than a member shall be punished therefor,
except pursuant to an Act defining offenses relating
to contempt of the Nitijela
and making provision for their trial and punishment by the High Court.
Section 16. Privileges
of the Nitijela and its Members.
(1) The validity of any proceeding in the Nitijela
or in any committee thereof, or in any joint conference or joint committee, and
the validity of any certificate duly given by the Speaker under Section 10 or
Section 21 of this Article, or Section 3 or Section
4 of Article XII, or Section
6 of Article XIII, shall not be questioned in any court; but this shall not be
taken to preclude judicial
review of the validity of any Act or resolution of
the Nitijela under this Constitution.
(2) Members of the Nitijela shall,
except in cases of felony, be privileged from arrest during any session of the
Nitijela, and in
going to or returning from the same.
(3) Neither the
Speaker nor any officer of the Nitijela in whom powers are vested for the
regulation of procedure or the conduct of
business or the maintenance of order
shall, in relation to the exercise of any of those powers, be subject to the
jurisdiction of
any court; but this shall not be taken to preclude the exercise
of judicial power under Section 7 of Article 11 or judicial review,
in an action
against the Clerk of the Nitijela as nominal defendant, pursuant to Section 9 of
this Article.
(4) Neither the Nitijela nor any member of the Nitijela
shall be subject to any proceeding outside that body, or subjected to any
liability, civil or criminal, in relation to the casting of any vote, the making
of any statement, the publication of any document
or the taking of any other
action as part of the official business of the Nitijela.
Section 17. Compensation of Members of the Nitijela.
The compensation of the President, the Ministers,
the Speaker, the Vice-Speaker and the other members of the Nitijela shall be
specifically
prescribed by Act.
Section 18. Introduction of Bills in the Nitijela.
Any member of the Nitijela may introduce any Bill,
or propose any motion for debate in, or present any petition to, the Nitijela;
and any such Bill, motion or petition shall be considered and disposed of in
accordance with this Constitution and the Rules of the
Nitijela.
Section 19. Special Provisions with regard to Bills Prescribing Compensation.
(1) This Section shall apply to any Bill or
amendment to a Bill which, in the opinion of the Speaker, prescribes the
compensation
of any person or class of persons whose compensation is required to
be specifically prescribed by Act.
(2) The Nitijela shall not proceed
further than the first reading of any Bill or amendment to which this Section
applies, unless it
has before it a report made by a committee of the Nitijela,
or by some other body authorized for the purpose by Act, as to the level
of the
salary and the scale of the allowances (if any) which ought to be paid to any
person or class of persons affected by that
Bill or amendment; and that report
has been published.
(3) The committee of the Nitijela or other body
making that report shall take into account, in relation to any person or class
of
persons affected by any Bill or amendment to which this Section
applies.
(a) the general level of incomes in the community;
and
(b) the cost of living; and
(c) the nature of the office and
of the services to be performed; and
(d) the qualifications of the person
or class of persons affected; and
(e) the amount of time which the person or class of persons
affected are expected to devote to their duties; and
(f) whether the person
or class of persons affected are free to engage in any other occupation for gain
or reward: and
(g) any other conditions of the appointment of the person or
class of persons affected.
(4) An Act prescribing the compensation payable to
any person or class of persons whose compensation is required to be specifically
prescribed by Act shall not, of itself, be regarded as authority for the
expenditure of public money; and any expenditure for the
purpose of paying that
compensation shall be authorized only pursuant to Article VIII.
Section 20. Special Provisions with Regard to Bills Prescribing the Qualifications of Judges.
The Nitijela shall not proceed further than the
first reading of any Bill or amendment to a Bill which, in the opinion of the
Speaker,
prescribes any qualification required for appointment as a judge,
unless it has before it a report by the Judicial Service Commission
as to
whether such a qualification would be appropriate, and that report has been
published.
Section 21. When Bills Become Law.
(1) Subject to the requirements of paragraph (5) of
Section 4 of Article XII, in those cases to which that paragraph applies, a Bill
shall become law if, and only if:
(a) it has been passed by the Nitijela;
and
(b) the Speaker, being satisfied that it has been passed in
accordance with this Constitution and with the Rules of the Nitijela,
has
endorsed on a copy of the Bill a certificate of compliance with the requirements
of this Section and has, in the presence of
the Clerk of the Nitijela, signed
that certificate and inscribed thereon the date of signature; and
(c) the
Clerk of the Nitijela has, in the presence of the Speaker, countersigned the
certificate on that copy of the Bill.
(2) A Bill may be signed and countersigned pursuant
to this Section whether or not the Nitijela is then in session.
(3) A
Bill which becomes law in accordance with the requirements of this Section shall
be an Act of the Nitijela.
(4) Subject to its provisions, an Act shall
come into force on the date of certification.
ARTICLE V
THE EXECUTIVE
Section 1. Executive Authority and Collective Responsibility of the Cabinet.
(1) The executive authority of the Republic of the
Marshall Islands shall be vested in the Cabinet, whose members are collectively
responsible to the Nitijela.
(2) Subject to law, the Cabinet may exercise
elements of its executive authority directly, or through its individual members,
and
through other officers responsible to the Cabinet; but neither the
provisions of any such law, nor any delegation of elements of
the
Cabinet’s executive authority shall have the effect of diminishing the
responsibility of the Cabinet and of each of its
members to the Nitijela for the
direction and implementation of executive policies.
(3) The executive
authority so vested in the Cabinet shall include but shall not be limited to the
following powers, functions, duties
and responsibilities:
(a) the Cabinet shall have the general direction and control
of the government of the Republic;
(b) the Cabinet shall recommend to the
Nitijela such legislative proposals as it considers necessary or desirable to
implement its
policies and decisions; and, in particular, the Cabinet, taking
into account the provisions of Article VIII, shall recommend to the
Nitijela
proposals for the raising of taxes or other revenue and for the expenditure of
public money;
(c) the Cabinet shall be accountable to the Nitijela for all
public expenditure and for relating such expenditure to the appropriations
made
by the Nitijela or to other authority conferred by this Constitution or by
Act;
(d) the Cabinet shall be responsible for conducting the foreign affairs
of the Republic, whether by treaty or otherwise; Provided
that no treaty shall
be finally accepted and no ambassador or other head of diplomatic mission shall
be appointed by the Cabinet,
without the approval of the Nitijela, signified by
resolution.
(e) the Cabinet shall be responsible for making such provision as
may be reasonable and necessary for the security of the Republic;
Provided that
no armed forces shall be raised or stationed in the Republic in peacetime except
by Act;
(f) the Cabinet shall have the power of reprieve and
pardon;
(g) the Cabinet shall be responsible for establishing and
maintaining such hospitals and other institutions and for providing such
other
services as may be reasonable and necessary for the public health;
(h) the
Cabinet shall be responsible for establishing and maintaining such public
schools and for making such other provision as may
be reasonable and necessary
to provide educational opportunities for the people of the Republic;
(i) the
Cabinet shall be responsible for establishing and maintaining such other
institutions and services and for making such other
provision as may be
reasonable and necessary to achieve an adequate standard of living for the
people of the Republic, to enable
them to enjoy their legal rights, and to serve
their economic, social and cultural welfare;
(j) in the exercise of its
responsibilities, the Cabinet may make such contracts and other instruments on
behalf of the Government
of the Republic as it considers necessary.
(4) No treaty or other international agreement which
is finally accepted by or on behalf of the Republic on or after the effective
date of this Constitution shall, of itself, have the force of law in the
Republic. [By way of Constitutional Amendment
#1 the term 'Marshall Islands' as that term is first used herein, was replaced
with the term 'Republic
of the Marshall Islands' that Amendment also replaced
the term 'Marshall Islands' as it appears subsequently herein, with the term
'Republic']
Section 2. Composition of the Cabinet.
(1) The Cabinet shall consist of the President (who
shall be a member of the Nitijela) and the other members of the Nitijela who are
appointed as Ministers pursuant to this Article.
(2) Subject to Section 8
of this Article, the members of the Cabinet shall continue in office until their
successors are appointed.
Section 3. The President.
(1) The President shall be the Head of State of the
Republic of the Marshall Islands.
(2) The President shall be elected by a
majority of the total membership of the Nitijela and shall be appointed to
office pursuant
to paragraph (2) of Section 4 of this Article.
(3) The
Nitijela shall, by secret ballot, proceed to elect the President at the first
meeting of the Nitijela after each general election
and also at the first
meeting of the Nitijela after either:
(a) the President’s seat in
the Nitijela has been vacated for any reason other
than the dissolution
thereof; or
(b) the President has tendered or is deemed to have tendered his resignation from office.
(4) The President may at any time tender his
resignation from office by writing signed by him, addressed to the
Speaker.
(5) Where the President has tendered or is deemed to have
tendered his resignation from office, that tender may not be withdrawn.
[By way of Constitutional Amendment #1, the
term 'Marshall Islands' as that term is first used herein, was replaced with the
term 'Republic
of the Marshall Islands']
Section 4. Appointment of the Cabinet after Election of the President.
(1) As soon as practicable after his election to
that office, the President elect shall nominate to the Speaker for appointment
as
Ministers not less than 6 nor more than 10 other members of the Nitijela who
have consented to the nomination.
(2) Upon receiving the nominations made
by the President elect under this Section, the Speaker shall, by instrument
signed by him,
appoint to office, as members of the Cabinet, the President elect
and the Ministers so nominated.
(3) If the President elect has not,
within 7 days after the date of his election to that office, submitted to the
Speaker his nomination
of not less than 6 members of the Nitijela for
appointment as Ministers, his election to that office shall have no effect, and
the
Nitijela shall proceed as soon as practicable again to elect a
President.
Section 5. Allocation of Portfolios.
(1) The President shall, as soon as practicable
after taking office, by writing signed by him, allocate among the members of the
Cabinet
(including himself if he so desires) the portfolios of Ministers of
Finance, Minister of Foreign Affairs, Minister of Communications
and
Transportation, Minister of Resources and Development, Minister of Social
Welfare, Minister of Public Works and such other portfolios
as may be necessary
or desirable for giving to a member of the Cabinet the primary responsibility
for any Department or function
of government.
(2) The President shall
have the primary responsibility for any Department or function of government in
respect of which no allocation
of a portfolio is for the time being in
force.
Section 6. Appointment of Ministers and Allocation of Portfolios at Other Times.
(1) The President may, at any time when the total
number of Ministers is less than 10, submit to Speaker, with the consent of the
member, the nomination of a member of the Nitijela for appointment as a
Minister.
(2) The Speaker shall, by instrument signed by him, appoint as
a Minister any member so nominated.
(3) The President may, at any time,
by writing signed by him, allocate any portfolio in respect of which no
allocation is in force,
or may reallocate any portfolio.
(4) Whenever it
appears to the President that any Minister will, by reason of illness or absence
from the Republic of the Marshall
Islands or from the seat of government, be
temporarily unable to discharge the responsibilities of any portfolio allocated
to him,
he may, by writing signed by him, direct any other Minister to discharge
the responsibilities of that portfolio, until the Minister
to whom that
portfolio has been allocated is again able to discharge those responsibilities.
[By way of Constitutional Amendment #1, the
term 'Marshall Islands' as that term is first used herein, was replaced with the
term
'Republic of the Marshall Islands.']
Section 7. Vote of No Confidence in the Cabinet.
(1) At any meeting of the Nitijela, any 4 or more
members of the Nitijela who are not members of the Cabinet may give notice of
their
intention to make a motion of no confidence in the Cabinet.
(2) Any
such motion shall be voted on at a meeting of the Nitijela held not earlier than
5 days nor later than 10 days after the date
of the giving of the
notice.
(3) If the motion of no confidence is carried by a majority of
the total membership of the Nitijela, the President shall be deemed
to have
tendered his resignation from office.
(4) If the Nitijela has not elected
a President at the expiration of 14 days after the date on which the President
is so deemed to
have tendered his resignation from office, the vote of no
confidence and the tender of the President’s resignation shall
lapse.
(5) In any case where a vote of no confidence has lapsed, notice
of intention to make a motion of no confidence in the Cabinet may
not again be
given until the expiration of 90 days after the date on which that vote of no
confidence lapsed, unless there has sooner
been an appointment of the members of
the Cabinet, following the election of a President.
Section 8. Vacation of Office by Ministers.
(1) A Minister shall vacate his office as a member
of the Cabinet if:
(a) his appointment as a Minister is revoked by the President,
by instrument signed by him; or
(b) he vacates his seat in the Nitijela for
any reason other than the dissolution thereof; or
(c) he resigns his office by writing signed by him,
delivered to the President.
(2) If the occurrence of any vacancy in the
office of a Minister brings the total number of Ministers below 6, the President
shall,
within 30 days after the occurrence of the vacancy, submit to the Speaker
the nomination of a Minister pursuant to paragraph (1)
of Section 6 of this
Article.
(3) If, in any case where paragraph (2) of this Section applies,
the President does not nominate a Minister in accordance with its
provisions, he
shall be deemed to have tendered his resignation from office.
Section 9. Acting President.
(1) Whenever, by reason of illness, or absence from
the Republic of the Marshall Islands or from the seat of government, or for any
other reason, the President is temporarily prevented from performing his
functions in the Republic or at the seat of government,
as the case may be, the
President, or failing him the Cabinet, may request the Speaker to appoint a
Minister the functions of President
until such time as the President is capable
of again performing his functions or has vacated his office; and the Speaker
shall, by
instrument signed by him, make such an appointment
accordingly.
(2) If the President vacates his seat in the Nitijela for
any reason other than the dissolution thereof, the Speaker, acting at the
request of the Cabinet, or if he receives no such request within 7 days of the
date on which the President so vacates his seat, then
acting in his own
discretion, shall, by instrument signed by him, appoint a Minister to perform
the functions of President until
the members of the Cabinet are appointed after
the election of a President.[By way of
Constitutional Amendment # 1, the term 'Marshall Island' as that term is first
used herein, was replaced with the term
'Republic of the Marshall Islands' that
Amendment also replaced the term 'Marshall Islands' as it appears subsequently
herein, with
the term 'Republic']
Section 10. Meetings of the Cabinet.
(1) No business shall be transacted at any meeting
of the Cabinet unless at least 4 members of the Cabinet are present.
(2)
The Cabinet shall not be disqualified from the transaction of business only
because there is a vacancy among its members, or because,
in any case where
paragraph (4) of Section 6 of this Article applies, no direction has been given
pursuant to that paragraph.
(3) No proceeding of the Cabinet shall be
questioned on the ground that a person who acted as a member of the Cabinet in
relation
to that proceeding was not qualified so to act.
(4) Notice of
every meeting of the Cabinet and a copy of every paper to be considered at that
meeting shall be given to each member
of the Cabinet, to the Chief Secretary, to
the Attorney-General, and to the Secretary of Finance.
(5) The Chief
Secretary shall have the right to attend any meeting of the Cabinet and to speak
on any matter under consideration by
the Cabinet, and shall so attend if
required to do so by the President or other member of the Cabinet
presiding.
(6) The President shall preside over every meeting of the
Cabinet at which he is present.
(7) The decision of the Cabinet on any
matter shall be taken by the members of the Cabinet present at a meeting of the
Cabinet.
(8) Subject to this Section, the Cabinet shall regulate its own
procedure in such manner as it thinks fit.
Section 11. Instruments and Other Decisions Made by the Cabinet.
(1) Any instrument made by the Cabinet shall have
effect, and any other decision of the Cabinet shall be duly authenticated, when
that instrument or the record of that decision has been signed by the President,
whether or not he was present at the meeting of
the Cabinet at which the
instrument or other decision was made, and by the Clerk of the
Cabinet.
(2) In any case not otherwise provided for in this Constitution
or any other law, and with the consent or approval of the Nitijela
if required,
the President or a Minister acting with the authority of the President may sign,
pursuant to a decision of the Cabinet,
any instrument of appointment or other
instrument made on behalf of the Government of the Republic of the Marshall
Islands. [By way of Constitutional Amendment #
1, the term 'Marshall Islands' as that term is first used herein, was replaced
with the term
'Republic of the Marshall Islands']
Section 12. Clerk of the Cabinet.
(1) There shall be a Clerk of the Cabinet who shall
be an officer of the Public Service and shall be responsible for arranging the
business for and keeping the minutes of meetings of the Cabinet, and for
conveying decisions of the Cabinet to the appropriate person
or authority, and
shall perform, with respect to the Cabinet, such secretarial and other functions
as may be required.
(2) The Clerk of the Cabinet shall be responsible for
bringing to the attention of the Cabinet any opinion expressed to the Cabinet
by
the Council of Iroij.
ARTICLE VI
THE JUDICIARY
Section 1. The Judicial Power.
(1) The judicial power of the Republic of the
Marshall Islands shall be independent of the legislative and executive powers
and shall
be vested in a Supreme Court, a High Court, a Traditional Rights
Court, and such District Courts, Community Courts and other subordinate
courts
as are created by law, each of these courts possessing such jurisdiction and
powers and proceeding under such rules as may
be prescribed by law consistent
with the provisions of this Article.
(2) Each court of the Republic shall
have power to issue all writs and other processes, make rules and orders and
promulgate all procedural
regulations, not inconsistent with law, as may be
required for the due administration of justice and the enforcement of this
Constitution.
(3) The authority granted in paragraph (2) of this Section
include, in the case of the Supreme Court and the High Court and such
subordinate
courts as are created by law, the power to grant bail, accept
forfeit security therefor; make orders for the attendance of witnesses
with or
without documents, make orders for the disposal of exhibits, and punish contempt
of court.
(4) Unless otherwise provided in the Constitution, every judge
of the Supreme Court or of the High Court shall be a person with qualifications
prescribed by or pursuant to Act; shall be appointed by the Cabinet acting on
the recommendation of the Judicial Service Commission
and with the approval,
signified by resolution, of the Nitijela; may, pending such approval, discharge
the duties of his office until
the expiration of 21 days after the commencement
of the next ensuing session of the Nitijela; and shall hold office during good
behavior
until reaching the age of 72 years unless, in the case of a judge who
is not a citizen of the Republic, the judge has been appointed
for a term of one
or more years, or in the case of a sitting judge in another jurisdiction, for a
particular session of court.
(5) Until the Nitijela prescribes by Act the
qualifications for judges of the Supreme Court and of the High Court, such
judges must
be persons qualified by education, experience, and character to
discharge judicial office.
(6) No judge shall take part in the decision
of any case in which that judge has previously played a role or with respect to
which
he is otherwise disabled by any conflict of interest.
(7) The
compensation of the Chief Justice and any other judges of the Supreme Court and
of the Chief Justice and any other judges
of the High Court shall be
specifically prescribed by Act.
(8) A judge of the Supreme Court or of
the High Court may be removed from office only by a resolution of the Nitijela
adopted by at
least two-thirds of the its total membership and only on the
ground of clear failure or inability faithfully to discharge the duties
of such
office or for the commission of treason, bribery, or other high crimes or abuses
inconsistent with the authority of his office.
(9) If the Nitijela is not
in session, the Cabinet may suspend any judge of the High Court or of the
Supreme Court until the expiration
of 21 days after the commencement of the next
ensuing session, but only for such cause as would justify removal of the judge
by the
Nitijela.
(10) Whenever the office of any judge of the Supreme
Court or of the High Court, having previously been filled, is temporarily
vacant,
or any such judge is disabled from performing the duties of his office,
the Cabinet, acting on the recommendation of the Judicial
Service Commission,
may appoint as an acting judge to discharge the duties of that office for the
duration of such vacancy or disability,
a person qualified within the meaning of
paragraph (5) of this Section. [By way of
Constitutional Amendment #1, the term 'Marshall Islands' as that term is first
used herein, was replaced with the term
'Republic of the Marshall Islands' that
Amendment also replaced the term 'Marshall Islands' as it appears subsequent/v
herein, with
the term 'Republic']
Section 2. The Supreme Court.
(1) The Supreme Court shall be a superior court of
record, shall consist of a Chief Justice and such number of other judges as may
from time to time be prescribed by Act, and shall have appellate jurisdiction,
as to both law and fact, with final authority to adjudicate
all cases and
controversies properly brought before it, in accord with this Constitution and
other applicable laws of the Republic
of the Marshall Islands.
(2) An
appeal shall lie to the Supreme Court:
(a) as of right from any final decision of the High Court in
the exercise of its original jurisdiction;
(b) as of right from any final
decision of the High Court in the exercise of any appellate jurisdiction, but
only if the High Court
certifies that the case involves a substantial question
of law as to the interpretation or effect of any provision of the
Constitution;
(c) at the discretion of the Supreme Court, subject to such
conditions as to security for costs or otherwise as the Supreme Court
thinks
fit, from any final decision of any court
(3) The High Court may, on its own motion or on
application of any party to the proceedings, remove to the Supreme Court any
question
arising as to the interpretation or effect of the Constitution in any
proceedings of the High Court, other than proceedings set down
for trial before
a bench of 3 judges.
(4) In any case in which a question has been removed
to the Supreme Court, it shall determine that question and either dispose of
the
case or remand it to the High Court for disposition consistent with the Supreme
Court’s determination. [By way of
Constitutional Amendment #1, the term 'Marshall Islands' as that term is first
used herein, was replaced with the term
'Republic of the Marshall
Islands'.]
Section 3. The High
Court.
(1) The High Court shall be a superior court of record
having general jurisdiction over controversies of law and fact in the Republic
of the Marshall Islands; shall consist of a Chief Justice, and such number of
other judges as may from time to time be prescribed
by Act, shall have original
jurisdiction over cases duly filed in the High Court; and shall have appellate
jurisdiction over cases
originally filed in subordinate courts; and, unless
otherwise provided by law, shall have jurisdiction to review the legality of
any
final determination by a government agency at the behest of any party aggrieved
by such determination.
(2) At any time when the judges of the Supreme
Court and of the High Court number 4 or more, any judge of the High Court may
convene
a bench of 3 judges to decide any case in the High Court’s
jurisdiction, if the convening judge has determined that the case
involves
either a substantial question of law as to the interpretation or effect of a
provision of this Constitution or any other
matter of public importance; and, if
an insufficient number of judges of the High Court is available, then without
prejudice to the
appellate jurisdiction of the Supreme Court in relation to that
case, the remaining members of the bench shall be judges of the Supreme
Court. [By way of Constitutional Amendment #1,
the term 'Marshall Islands' as that term is first used herein, was replaced with
the term
'Republic of the Marshall Islands']
Section 4. The Traditional Rights Court.
(1) The Traditional Rights Court shall be a court of
record; shall consist of panels of 3 or more judges selected so as to include
a
fair representation of all classes of land rights, including, where applicable,
the Iroijiaplap, Iroijedrik, Alap and Dri Jerbal;
and shall sit at such times
and places and be chosen on such a geographical basis, as to ensure fair and
knowledgeable exercise of
the jurisdiction conferred by this Section.
(2)
The size, membership and procedures of the Traditional Rights Court shall be
consistent with paragraph (1) of this Section, and
shall be determined by the
High Court unless and until the Nitijela makes provision for those matters by
Act.
(3) The jurisdiction of the Traditional Rights Court shall be
limited to the determination of questions relating to titles or to land
rights
or to other legal interests depending wholly or partly on customary law and
traditional practice in the Republic of the Marshall
Islands.
(4) The
jurisdiction of the Traditional Rights Court may be invoked as of right upon
application by a party to a pending judicial
proceeding; but only if the court
in which such proceeding is pending certifies that a substantial question has
arisen within the
jurisdiction of the Traditional Rights Court.
(5) When
a question has been certified to the Traditional Rights Court for its
determination under paragraph (4), its resolution of
the question shall be given
substantial weight in the certifying court’s disposition of the legal
controversy before it; but
shall not be deemed binding unless the certifying
court concludes that justice so requires. [By
way of Constitutional Amendment #1, the term 'Marshall Islands' as that term is
first used herein, was replaced with the term
'Republic' of the Marshall
Islands.']
Section 5. The Judicial Service Commission.
(1) There shall be a Judicial Service Commission
which shall consist of:
(a) as Chairman, the Chief Justice of the High Court, or if
his office is vacant, a person qualified by legal training, experience
and
temperament, appointed by the Cabinet to act during the period of the
vacancy;
(b) the Attorney-General or, if for any reason the Attorney-General
is unable to act, the Chairman of the Public Service Commission;
(c) a
citizen of the Republic of the Marshall Islands, who is neither a member of the
Nitijela nor an employee of the Public Service,
appointed from time to time by
the Cabinet.
(2)No business shall be transacted by the Judicial
Service Commission unless three present; and all questions proposed for decision
by the Commission shall be majority of the votes of those members,
(3)
The Judicial Service Commission shall:
(a) make recommendations on judicial appointments on its own
motion or at the request of the Cabinet;
(b) recommend or evaluate criteria
of qualification for judges on its own motion or at the request of the Speaker
or the Cabinet;
(c) appoint and remove judges of subordinate courts, and of
the Traditional Rights Court if authorized to do so by Act;
(d) exercise such other functions and powers as may
be conferred by law.
(4) In the exercise of its functions and powers, the
Judicial Service Commission shall not receive any direction from the Cabinet
or
from any other authority or person, but shall act independently.
[By way of Constitutional Amendment #1, the
term 'Marshall Islands' as that term is first used herein, was replaced with the
term
'Republic of the Marshall Islands']
ARTICLE VII
THE PUBLIC SERVICE
Section 1. The Public Service of the Republic of the Marshall Islands.
(1) The Public Service of the Republic of the
Marshall Islands shall comprise all such employees as may be necessary to assist
the
Cabinet in exercising the executive authority of the Republic and to perform
such other duties in the service of the Republic as
may be required.
(2)
Except as provided in paragraphs (3) and (4) of this Section, no person shall
receive any compensation from public money unless
he is an employee of the
Public Service.
(3) For the purposes of this Article, a public
corporation or other statutory authority constituted under the law of the
Republic
shall be deemed to be an office of government, and a member or employee
of any such public corporation or other statutory authority
shall be deemed to
receive his compensation from public money; but, without prejudice to the status
for any other purpose of any
such public corporation or statutory authority, or
of any member or employee or funds thereof, or of any other money from which the
compensation of any such member or employee may be paid, the application of this
Article in a particular case may be excluded by
Act.
(4) Nothing in this
Section shall apply to any person whose compensation is required to be
specifically prescribed by Act, or any
person required by this Constitution to
be appointed to office otherwise than by the Public Service Commission, or any
member of
a naval, military or air force, a police force, or a fire, coastguard
or prisons service established by law, or any officer or employee
of a local
government, or to honorary service, or consultancy service remunerated only by
fees or commission.
(5) Unless otherwise provided by law, an employee of
the Public Service may be granted leave without pay in order to serve the
Republic
in any other capacity not involving a conflict of interest.
[By way of Constitutional Amendment #1, the
term 'Marshall Islands' as that term is first used herein, was replaced with the
term
'Republic of the Marshall Islands' that Amendment also replaced the term
'Marshall Islands' as it appears subsequently herein, with
the term
'Republic']
Section 2. The Chief Secretary.
(1) There shall be an officer of the Public Service
to be called the Chief Secretary, who shall be the head of the Public Service
and the chief administrative and advisory officer of the Government of the
Republic of the Marshall Islands.
(2) In addition to the other functions
and powers conferred on him by law, the Chief Secretary shall be responsible to
the Cabinet
for the general direction of the work of all Departments and offices
of government. The head of any such Department or office shall
account for the
work of that Department or office to the Chief Secretary, as well as to the
Minister primarily responsible for that
Department or office.
(3)
Notwithstanding anything in paragraph (2) of Section 10 of this Article, the
Public Service Commission shall consult the President
and shall obtain the
concurrence of the Cabinet before it appoints any person to be the Chief
Secretary.
(4) No appeal by any employee of the Public Service shall lie
against the promotion or appointment of any person to the office of
Chief
Secretary. [By way of Constitutional Amendment
#1, the term 'Marshall Islands' as that term is first used herein, was replaced
with the term
'Republic of the Marshall Islands']
Section 3. The Attorney-General.
(1) There shall be an Attorney-General who shall be
an officer of the Public Service and shall have the same qualifications as those
required for appointment as a judge of the High Court,
(2) The
Attorney-General shall be the head of any Department or office dealing with the
administration of justice and of any other
Department or office placed under his
authority by the Public Service Commission.
(3) In addition to the other
functions and powers conferred on him by law, the Attorney-General shall advise
on legal matters referred
to him by the Cabinet, the President or a Minister,
and shall be responsible for instituting, conducting or discontinuing any
proceedings
for an offense alleged to have been committed, and for seeing to it
that the laws are faithfully executed.
(4) In exercising his
responsibilities under paragraph (3) of this Section, the Attorney-General shall
not receive any direction from
the Cabinet or any other authority or person, but
shall act independently. He may exercise these responsibilities either in person
or through officers subordinate to him, acting under and in accordance with his
general or special instructions.
(5) Notwithstanding anything in
paragraph (2) of Section 10 of this Article, the Public Service Commission shall
consult the President
and shall obtain the concurrence of the Cabinet before it
appoints any person to be Attorney-General.
(6) No appeal by any employee
of the Public Service shall lie against the promotion or appointment of any
person to the office of
Attorney-General.
Section 4. The Secretary of Finance.
(1) There shall be an officer of the Public Service
to be called the Secretary of Finance who shall be the head of the Finance
Department.
(2) In addition to the other functions and powers conferred
on him by law, the Secretary of Finance shall be responsible for the preparation
of the accounts relating to all public revenues and expenditure for each
financial year, and for advising the Minister of Finance
on all matters
pertaining to the budget.
Section 5. The Public Service Commission.
(1) There shall be a Public Service Commission of
the Republic of the Marshall Islands consisting of a Chairman and 2 other
members.
(2) The Chairman and other members of the Public Service
Commission shall be appointed by the Cabinet, acting with the approval of
the
Nitijela, signified by resolution.
(3) At any one time, at least 2
members of the Public Service Commission shall be citizens of the Republic; and
no member of the Commission
shall remain a member if he ceases to be such a
citizen.
(4) No person shall be appointed to be or shall remain a member
of the Public Service Commission if he is or becomes a member of the
Nitijela.
(5) No member of the Public Service Commission shall hold
concurrently any office in the Public Service.
(6) A member of the Public
Service Commission shall be appointed to hold office for a term of not more than
3 years, but shall be
eligible for reappointment.
(7) In making
appointments under Section 5 of this Article, and in fixing the terms of office
of appointees, account shall be taken
of the need to ensure that there is
reasonable continuity in the membership of the Public Service Commission and
that the terms of
individual members will not expire at the same
time. [By way of Constitutional Amendment #1,
the term 'Marshall Islands' as that term is first used herein, was replaced with
the term
'Republic of the Marshall Islands' that Amendment also replaced the
term 'Marshall Islands' as it appears subsequent/v herein, with
the term
'Republic']
Section 6. Tenure of Office of Members of the Public Service Commission.
A member of the Public Service Commission may at any
time resign his office by writing signed by him, addressed to the President;
but
he shall not be removed or suspended from office except on the like grounds and
in the like manner as a judge of the High Court
or of the Supreme Court.
Section 7. Compensation of Members of the Public Service Commission.
The compensation of the Chairman and other members
of the Public Service Commission shall be specifically prescribed by Act.
Section 8. Procedure of the Public Service Commission.
(1) At least 2 members of the Public Service
Commission shall concur in any decision of the Commission.
(2) Subject to
this Section and to any Act, the Public Service Commission shall determine its
own procedure.
(3) No proceeding of the Public Service Commission shall
be questioned on the ground that a person who acted as a member of the
Commission
in relation to that proceeding was not qualified so to act.
Section 9. Functions and Powers of the Public Service Commission.
(1) The Public Service Commission shall be the
employing authority for the Public Service and shall have the general oversight
and
control of its organization and management and shall be responsible for
reviewing the efficiency and economy of all Departments and
offices of
government.
(2) Subject to any law, the Public Service Commission may
prescribe and determine the conditions of employment of employees of the
Public
Service and shall have such other functions and powers as may be conferred on it
by or pursuant to Act.
(3) Except as provided in paragraph (2) of Section
10 of this Article, the Public Service Commission shall be responsible to the
Cabinet
for the carrying out of its duties and the exercise of its functions and
powers, and the Commission shall, as necessary, inform and
advise the Cabinet in
relation to any matter affecting the Public Service.
(4) Without
prejudice to paragraph (3) of this Section, the Public Service Commission shall,
as soon as practicable after the end
of each calendar year, furnish to the
Cabinet a report on the state of the efficiency and economy of the Public
Service and on the
work of the Commission for that calendar year. A copy of that
report shall be laid before the Nitijela at its regular session.
Section 10. Appointments within the Public Service.
(1) All employees of the Public Service shall be
appointed by or under the authority of the Public Service Commission and,
subject
to any law, shall hold office on such conditions as may from time to
time be prescribed or determined by the Commission.
(2) In all matters
relating to decisions about individual employees (whether they relate to the
appointment, promotion, demotion,
transfer, disciplining or cessation of
employment of any employee or any other matter) the Public Service Commission
shall not receive
any direction from the Cabinet or from any other authority or
person, but shall act independently and in accord with criteria relating
only to
the individual’s ability to perform his duties.
Section 11. Conditions of Employment in the Public Service.
In establishing and revising the conditions of
employment in the Public Service, the factors to be taken into account shall
include:
(a) the need for the Public Service to recruit and retain an
efficient staff, and, in particular, to provide varied careers and adequate
advancement for the citizens of the Republic of the Marshall Islands;
(b) the
need to afford reasonable opportunities of employment for the citizens of the
Republic;
(c) the need to act consistently with government economic and
social policy, bearing in mind that the conditions of employment in
the Public
Service are a major element in the general well-being of the Republic.
[By way of Constitutional A Amendment #1, the
term 'Marshall Islands' as that term is first used herein, was replaced with the
term
'Republic of the Marshall Islands' that Amendment also replaced the term
'Marshall Islands' as it appears subsequently herein, with
the term
'Republic']
ARTICLE VIII
FINANCE
Section 1. Legislative Control of Public Revenue and Expenditure.
(1) No taxes shall be imposed or other revenue
raised and no public money shall be expended unless authorized by
law.
(2) All revenues received by the Government of the Republic of the
Marshall Islands shall be paid into an appropriate public fund
or account
established by this Constitution or by Act.
[By way of Constitutional Amendment #1, the
term 'Marshall Islands' as that term is first used herein, was replaced with the
term
'Republic of the Marshall Islands']
Section 2. The Cabinet to Take Responsibility for Budgetary Matters.
(1) It shall be the responsibility of the Cabinet to
make proposals to the Nitijela on all matters pertaining to the
budget.
(2) Except with the recommendation or consent of a member of the
Cabinet, the Nitijela shall not proceed further than the first reading
of any
Bill or amendment thereto introduced by a member of the Nitijela other than a
member of the Cabinet, if that Bill would, in
the opinion of the Speaker,
dispose of or charge any of the public revenues of the Republic of the Marshall
Islands, or revoke or
alter (otherwise than by way of reduction) any disposition
thereof or charge thereon, or impose or alter or abolish any tax, rate,
due, fee
or fine. [By way of Constitutional Amendment
#1, the term 'Marshall Islands' as that term is first used herein, was replaced
with the term
'Republic of the Marshall Islands']
Section 3. The General Fund.
(1) There shall be a Republic of the Marshall
Islands General Fund.
(2) All taxes and other revenues and moneys raised
or received by the Government of the Republic shall be paid into the General
Fund,
unless permitted by Act to be paid into some other fund or account
established for a specific purpose. [By way of
Constitutional Amendment #1. the term 'Marshall Islands 'as that term is first
used herein, was replaced with the term
'Republic of the Marshal! Islands'; that
Amendment also replaced the term 'Marshall Islands' as it appears subsequently
herein, with
the term 'Republic']
Section 4. Withdrawals from the General Fund or other Public Account.
(1) No moneys shall be withdrawn from the General
Fund unless the issue of those moneys:
(a) has been authorized by the Appropriation Act or a
Supplementary Appropriation Act; or
(b) has been authorized as anticipated or
reprogrammed expenditure pursuant to Section 7 of this Article, or as an advance
against
a Contingencies Fund, pursuant to Section 9 of this Article; or
(c)
is to meet expenditure specifically charged on the General Fund by this
Constitution or by Act.
(2) No moneys shall be withdrawn from the General
Fund except with the authority of the Secretary of Finance, who shall satisfy
himself
that the expenditure of those moneys has been approved pursuant to
Section 5 of this Article and that the withdrawal is made in accordance
with
such other procedures as may be prescribed by law.
(3) No moneys shall be
withdrawn from any other public fund or account unless the issue of those moneys
has been authorized by or
pursuant to Act.
Section 5. The Cabinet to Supervise Expenditure and to Account to the Nitijela.
(1) No public money shall be expended without the
approval of the Cabinet or of a person or body to which such approval authority
has been delegated by or pursuant to Act.
(2) Any such delegation,
whether or not to one or more members of the Cabinet, shall not derogate from
the Cabinet’s collective
responsibility to account to the Nitijela for all
public expenditure and to relate such expenditure either to the appropriations
made by the Nitijela or to the authority conferred by this Constitution or by
Act.
(3) The Secretary of Finance may make a report to the Cabinet on the
immediate and long-term financial implications of any proposal
for the
expenditure of public money, and he shall make such a report pursuant to a
direction of the Cabinet or of the Minister of
Finance given either generally or
in the particular case.
(4) The Minister of Finance shall, as soon as
practicable after the end of the financial year, lay before the Nitijela at its
regular
session the accounts relating to all public revenues and expenditure for
that financial year.
Section 6. The Annual Appropriation Bill.
(1) The Minister of Finance shall, in relation to
each financial year, lay before the Nitijela, as soon as practicable after the
commencement
of its regular session, budget estimates of the revenues and
expenditure of the Republic of the Marshall Islands for that financial
year.
(2) The budget estimates shall cover all expected sources of
revenue payable into the General Fund, including loans raised or to be
raised,
and all proposed expenditure from the General Fund including expenditure charged
on the General Fund by this Constitution
or by any Act, or payable under a
continuing appropriation.
(3) Budget estimates relating to the raising of
loans shall be accompanied by an analysis showing the future cost of servicing
and
repaying the loan.
(4) Budget estimates of capital expenditure shall
be accompanied by an analysis showing the estimated future cost of maintaining
the
asset created or acquired.
(5) The program areas categorized in the
budget estimates for that financial year (other than items charged on the
General Fund by
this Constitution or by Act or payable under continuing
appropriation) shall be included in a single Bill, to be known as the
Appropriation
Bill, which shall be introduced into the Nitijela to provide for
the issue from the General Fund of the sums necessary to meet the
expenditure
incurred in those program areas and the appropriation of those sums for the
purposes specified in the Bill. [By way of
Constitutional Amendment #1, the term 'Marshall Islands' as that term is first
used herein, was replaced with the term
'Republic of the Marshall
Islands']
Section 7. Anticipated and Reprogrammed Expenditure.
(1) Subject to such restrictions as may be
prescribed by Act, the Cabinet may approve the expenditure of such sums as it
considers
necessary:
(a) in anticipation of provision to be made in the
Appropriation Act for any financial year:
Provided that the total amount
issued and paid under this subparagraph in relation to any program area in any
financial year shall
not exceed the unexpended balance of the amount
appropriated for that program area for the preceding financial year, together
with
an amount equal to 25 percent of the amount so appropriated; and all money
so spent shall be included in the budget estimated for
that financial year;
or
(b) where, during the period between the passing of the Appropriation Act
for any financial year and the end of that financial year,
it is desirable that
money appropriated in one program area should be spent in another program
area:
Provided that the total amount of all sums issued and paid under this
subparagraph in any financial year shall not result in an increase
or decrease
of more than 10 percent in the funds appropriated for any program area.
(2) A statement of the reprogrammed expenditure for
any financial year shall be included in the accounts for that year laid before
the Nitijela.
Section 8. Supplementary Appropriation Bills.
(1) If, after the passing of the Appropriation Act
in respect of any financial year, the Cabinet finds it necessary or desirable to
propose any expenditure over and above that authorized by that Appropriation
Act, the Minister of Finance may lay before the Nitijela
one or more
supplementary estimates of the proposed expenditure and of the unappropriated
revenues which are, or will be, available
to meet that expenditure; and all
requirements relating to budget estimates shall in each case apply.
(2)
The program areas categorized in any such supplementary estimates shall be
included in a Supplementary Appropriation Bill, which
shall be introduced into
the Nitijela to provide for the issue from the General Fund of the sums
necessary to meet the supplementary
expenditure incurred in those program areas
and the appropriation of those sums for the purposes specified in that
Supplementary
Appropriation Bill.
Section 9. Contingencies Fund.
(1) If so empowered by Act, the Cabinet, on being
satisfied that there has arisen an urgent and unforeseen need for expenditure
for
which no other provision exists, may authorize advances from the General
Fund, to be charged against the amount prescribed as a Contingencies
Fund, to
meet that need.
(2) A statement of all advances charged against the
Contingencies Fund for any financial year shall be included in the accounts for
that year laid before the Nitijela.
(3) If the amount so advanced has not
already been appropriated by a Supplementary Appropriation Act, the budget
estimates for the
next succeeding financial year shall include provision for
such an appropriation.
Section 10. Lapse of Appropriations.
The appropriations made by the Appropriation Act or
any Supplementary Appropriation Act shall lapse at the end of the financial year
to which that Act relates, or at the end of such longer period as that Act may
have prescribed in relation to a particular program
area.
Section 11. Compensation of Certain Officers Charged on the General Fund.
(1) The compensation payable to the holders of the
offices of judge of the Supreme Court or of the High Court, of a member of the
Public Service Commission and of Auditor-General shall be a charge on the
General Fund.
(2) During the term of office of a holder of any such
office, his compensation may be increased but not reduced, unless as part of
a
general reduction of compensation applied proportionately to all persons whose
compensation is required to be specifically prescribed
by Act.
Section 12. Public Debt Charged on the General Fund.
All debt charges for which the Republic of the
Marshall Islands are liable shall be a charge on the General Fund.
[By way of Constitutional Amendment #1, the
term 'Marshall Islands ' as that term is first used herein, was replaced with
the term
'Republic of the Marshall Islands'.]
Section 13. The Auditor-General.
(1) The Speaker shall nominate and, with the
approval of the Nitijela, signified by resolution, the President shall appoint
an Auditor-General
of the Republic of the Marshall Islands.
(2) The
Auditor-General shall hold office during good behavior until he reaches the age
of 72 years.
(3) The Auditor-General may at any time resign his office by
writing signed by him, addressed to the Speaker; but he shall not be
removed or
suspended from office except on the like grounds and in the like manner as a
judge of the High Court or of the Supreme
Court.
(4) If the office of
Auditor-General is vacant, or it appears that the Auditor-General is for any
reason unable to perform the functions
of his office, the Speaker shall nominate
and the President shall appoint an Acting Auditor-General; and the Acting
Auditor-General
shall continue to perform those functions until a new
Auditor-General is appointed and assumes office, or, as the case may be, until
the Auditor-General is again able to perform the functions of his
office.
(5) A person who has held office as Auditor-General shall not be
eligible for appointment to any other office in the service of the
Republic
within a period of 3 years after ceasing to hold the office of Auditor-General.
[By way of Constitutional Amendment #1, the
term 'Marshall Islands' as that term is first used herein, was replaced with the
term
'Republic of the Marshall Islands'; that Amendment also replaced the term
'Marshall Islands' as it appears subsequently herein, with
the term
'Republic']
Section 14. Compensation of Auditor-General.
The compensation of the Auditor-General shall be
specifically prescribed by Act.
Section 15. Audit of
Accounts.
(1) The Auditor-General shall audit the public funds
and accounts of the Republic of the Marshall Islands including those of all
Department
or offices of the legislative, executive and judicial branches of
government and of any other public corporation or other statutory
authority
constituted under the law of the Republic unless, in relation to any such public
corporation or other statutory authority,
provision is made by Act for audit by
any other person.
(2) The Auditor-General may exercise his
responsibilities under paragraph (1) of this Section either in person or through
officers
of the Public Service who are subordinate to him, acting in accordance
with his general or special instructions.
(3) For the purpose of carrying
out his functions under this Article, the Auditor-General or any person
authorized by him shall have
full access to all public records, books, vouchers,
documents, cash, stamps, securities, stores or other government property in the
possession of any officer.
(4) The Auditor-General shall report at least
once annually to the Nitijela, at its regular session, on the performance of his
functions
under this Article, and shall, in his report, draw attention to any
irregularities in the accounts audited by him.
(5) In the exercise of his
functions, the Auditor-General shall not receive any direction from the Cabinet
or from any other authority
or person, but shall act independently.
(6)
Nothing in this Section shall prevent the Auditor-General from offering any
technical advice and assistance to any person or authority
having a
responsibility in relation to the public revenues and expenditure of the
Republic. [By way of Constitutional Amendment
#1, the term 'Marshall Islands' as that term is first used herein, was replaced
with the term
'Republic of the Marshall Islands'; that Amendment also replaced
the term 'Marshall Islands' as it appears subsequently herein, with
the term
'Republic']
ARTICLE IX
LOCAL GOVERNMENT
Section 1. Right to a System of Local Government.
(1) The people of every populated atoll or island
that is not part of an atoll shall have the right to a system of local
government
which shall operate in accordance with any applicable law.
(2)
The system of local government shall in each case extend to the sea and the
seabed of the internal waters of the atoll or island
and to the surrounding sea
and seabed to a distance of 5 miles from the baselines from which the
territorial sea of that atoll or
island is measured.
(3) The whole of the
land and sea areas to which any system of local government extends shall lie
within the jurisdiction of a local
government; and, where there is more than one
local government, the land and sea boundaries of their respective jurisdictions
shall
be as defined by law.
Section 2. Power to Make Ordinances.
(1) A local government may make ordinances for the
area in respect of which it has jurisdiction, provided that such ordinances are
not inconsistent with any Act, or, to the extent that it has the force of law in
the Republic of the Marshall Islands, with any other
legislative instrument
(other than a municipal ordinance) or any executive instrument.
(2)
Without limiting the generality of the power conferred by paragraph (1) of this
Section, an ordinance may provide for the levying
of taxes and for the
appropriation of funds for local purposes. [By
way of Constitutional Amendment #1, the term 'Marshall Islands' as that term is
first used herein, was replaced with the term
'Republic of the Marshall
Islands']
ARTICLE X
TRADITIONAL RIGHTS
Section 1. Traditional Rights of Land Tenure Preserved.
(1) Nothing in Article II shall be construed to
invalidate the customary law or any traditional practice concerning land tenure
or
any related matter in any part of the Republic of the Marshall Islands,
including, where applicable, the rights and obligations of
the Iroijlaplap,
Iroijedrik, Alap and Dri Jerbal.
(2) Without prejudice to the continued
application of the customary law pursuant to Section 1 of Article XIII, and
subject to the
customary law or to any traditional practice in any part of the
Republic, it shall not be lawful or competent for any person having
any right in
any land in the Republic, under the customary law or any traditional practice to
make any alienation or disposition
of that land, whether by way of sale,
mortgage, lease, license or otherwise, without the approval of the Iroijlaplap,
Iroijedrik
where necessary, Alap and the Senior Dri Jerbal of such land, who
shall be deemed to represent all persons having an interest in
that
land.
(3) Nothing in this Constitution shall be construed so as to
preclude its application to every place within the traditional boundaries
of the
archipelago of the Republic. [By way of
Constitutional Amendment #1, the term 'Marshall Islands' as that term is first
used herein, was replaced with the term
'Republic of the Marshall Islands'; that
Amendment also replaced the term 'Marshall Islands' as it appears subsequently
herein, with
the term 'Republic'. By way of Constitutional Amendment #35. new
Paragraph (3) was added. Amendment #1 exempted from its provisions
new Paragraph
(3).
Section 2. Declaration of the Customary Law.
(1) In the exercise of its legislative functions, it
shall be the responsibility of the Nitijela, whenever and to the extent
considered
appropriate, to declare, by Act, the customary law in the Republic of
the Marshall Islands or in any part thereof. The customary
law so declared may
include any provisions which, in the opinion of the Nitijela, are necessary or
desirable to supplement the established
rules of customary law or to take
account of any traditional practice.
(2) This Section shall not be
construed to authorize the making of any law that would defeat an otherwise
valid claim under Article
II.
(3) The Nitijela shall not proceed further
than the first reading of any Bill or amendment to a Bill which, in the opinion
of the
Speaker, makes provision for any declaration pursuant to paragraph (1) of
this Section unless a joint committee of the Council of
Iroij and the Nitijela
has been afforded a reasonable opportunity to make a report on the matters dealt
within that Bill or amendment,
and any such report has been published.
[By way of Constitutional Amendment #1, the
term 'Marshall Islands' as that term is first used herein, was replaced with the
term
'Republic of the Marshall Islands']
ARTICLE XI
CITIZENSHIP
Section 1. Persons Becoming Citizens.
(1) A person who, immediately before the effective
date of this Constitution, was a citizen of the Trust Territory shall on that
date
become a citizen of the Republic of the Marshall Islands, if he or either
of his parents has land rights.
(2) A person born on or after the
effective date of this Constitution shall be a citizen of the Republic
if:
(a) at the date of his birth, either of his parents is a citizen of
the Republic: or
(b) he is born in the Republic and is not at his birth entitled to be or become a citizen of any other country.
(3) In case of doubt, an application for a
declaration that any person is, pursuant to this Section, a citizen of the
Republic may
be made to and ruled on by the High Court.
[By way of Constitutional amendment #1, the
term 'Marshall Islands' as that term is first used herein, was replaced with the
term
'Republic of the Marshall Islands'; that Amendment also replaced the term
'Marshall Islands' as it appears subsequently herein, with
the term
'Republic']
Section 2. Persons Who May Be Registered as Citizens.
(1) Unless disqualified pursuant to paragraph (3) of
this Section, any person who is not a citizen of the Republic of the Marshall
Islands shall become a citizen by registration if, upon application, the High
Court is satisfied either:
(a) that he has land rights; or
(b) that he has been resident in the Republic for not less
than 3 years, and is the parent of a child who is a citizen of the Republic;
or
(c) that he is of Marshallese descent, and that in the interests of
justice his application should be granted.
(2) A person who has attained the age of 18 years
shall not be registered pursuant to this Section as a citizen of the Republic,
until
he has taken an oath or made an affirmation of allegiance to the
Republic.
(3) In the interests of national security or policy with
respect to dual citizenship, the Nitijela may by Act provide for the
disqualification
of any class of persons who would otherwise be entitled to be
registered as citizens pursuant to this Section, but who have not already
been
so registered. [By way of Constitutional
Amendment #1, the term 'Marshall Islands' as that term is first used herein, was
replaced with the term
'Republic of the Marshall Islands'; that Amendment also
replaced the term 'Marshall Islands' as it appears subsequently herein, with
the
term 'Republic']
Section 3. Powers of the Nitijela regarding Citizenship.
The Nitijela may make provision by Act:
(a)
for the acquisition of citizenship of the Republic of the Marshall Islands by
registration in cases not falling within Section
2 of this Article;
(b)
for the acquisition of citizenship of the Republic by naturalization;
(c)
for depriving of citizenship of the Republic, consistently with Article II, any
class of persons who are citizens of the Republic
only by reason of provision
made by Act pursuant to this Section;
(d) for depriving of citizenship of
the Republic any class of persons who are citizens of the Republic and are or
have become citizens
of another country otherwise than by marriage:
(e)
for the express renunciation by any person of citizenship of the
Republic. [By way of Constitutional Amendment
#1, the term 'Marshall Islands' as that term is first used herein, was replaced
with the term
'Republic of the Marshall Islands'; that Amendment also replaced
the term 'Marshall Islands' as it appears subsequently herein, with
the term
'Republic']
ARTICLE XII
AMENDMENT OF THE CONSTITUTION
Section 1. Power to Amend the Constitution.
Any amendment of this Constitution shall become law
only pursuant to this Article.
Section 2. Classification of Amendments.
(1) Any amendment of this Article, or of Articles I,
II, or X, or of the principles of apportionment set forth in paragraph (4) of
Section 2 of Article IV, or any amendment abolishing or altering in any
fundamental respect (such as by altering the composition
or method of selection
or tenure) of any institution or office of government to which this paragraph
applies, shall become law only
in compliance with the provisions of Section 4 of
this Article.
(2) Paragraph (1) of this Section shall apply
to:
(a) the Council of Iroij;
(b) the President;
(c) the
Nitijela;
(d) the Speaker and the Vice-Speaker;
(e) the Cabinet;
(f)
the Supreme Court;
(g) the High Court;
(h) the Traditional Rights
Court;
(i) the Judicial Service Commission;
(j) the Public Service
Commission;
(k) the Auditor-General:
(l) the Chief Secretary;
(m)the
Attorney-General;
(n) the Secretary of Finance.
(3) Any amendment not
governed by paragraph (1) of this Section may become law pursuant to Section 3
or Section 4 of this Article,
and Section 2 of Article IV may also be amended in
accord with its provisions.
Section 3. Amendment by Action of the Nitijela and Referendum.
Amendments of this Constitution made pursuant to
this Section shall originate in the Nitijela, and, subject to this Section,
shall
be considered and disposed of as if they had been proposed by Bill. Any
such amendment must first be approved on the second and third
readings by at
least two-thirds of the total membership of the Nitijela, provided that at least
60 days shall have elapsed between
the second and third readings. Thereafter the
amendment shall be valid for all intents and purposes as part of this
Constitution
if duly certified by the Speaker as having been so approved by the
Nitijela and also by a majority of the votes validly cast in a
referendum of all
qualified voters, such referendum to be held as prescribed by Act.
Section 4. Amendment by Constitutional Convention and Referendum.
(1) Amendments of this Constitution made pursuant to
this Section shall be valid for all intents and purposes as part of this
Constitution
if duly certified by the Speaker as having been submitted to the
people by a Constitutional Convention and approved by two-thirds
of the votes
validly cast in a referendum of all qualified voters, such referendum to be held
as prescribed by Act pursuant to paragraph
(4) of this Section or by the Chief
Secretary pursuant to paragraph (l0) of this Section.
(2) A
Constitutional Convention may be convened only pursuant to this Section; shall
be composed of members fairly representing all
the people of the Republic of the
Marshall Islands; shall be specially elected by qualified voters; shall number
at least 10 more
than the total membership of the Nitijela; shall be organized
and shall proceed according to its own internal rules; and shall notify
the
Speaker of such amendments as it may adopt for submission to a
referendum.
(3) It shall be beyond the authority of a Constitutional
Convention to consider or adopt amendments that are unrelated to or inconsistent
with the proposals presented to it by the Nitijela or by referendum.
(4)
Upon receiving the Speaker’s certification that notice has been duly
received in accord with paragraph (2) of this Section,
it shall be the duty of
the Nitijela, as soon as practicable, to provide by Act for a referendum among
all qualified voters on the
amendments submitted by the Constitutional
Convention.
(5) The Nitijela may at any time provide by Act, stating the
proposed amendments to be considered, for the holding of a Constitutional
Convention, provided that such Act is approved at both the second and the third
readings by two-thirds of the total membership of
the Nitijela.
(6) The
Nitijela may at any time provide by Act, stating the proposed amendments to be
considered, for the holding of a referendum
among all qualified voters on the
question of calling a Constitutional Convention to consider such proposed
amendments.
(7) Upon receiving a petition signed by not less than 25
percent of all qualified voters calling for a referendum on the question
of
holding a Constitutional Convention to consider the amendments proposed in the
petition, the Speaker shall certify to the Nitijela
that such petition has been
received.
(8) It shall be the duty of the Nitijela, as soon as
practicable after receiving the Speaker’s certification under paragraph
(7) of this Section, to provide by Act for a referendum among all qualified
voters on the question of holding a Constitutional Convention
to consider the
amendments proposed in the petition.
(9) Upon the approval of a majority
of the votes validly cast in a referendum held pursuant to paragraphs (6) or (8)
of this Section,
as duly certified by the Speaker, it shall be the duty of the
Nitijela to provide by Act for the convening of a Constitutional Convention
in
accord with paragraph (2) of this Section as soon as practicable.
(10) If
the Nitijela fails to provide for the holding of a referendum or Constitutional
Convention within 60 days after the Speaker’s
certificate calling for the
same is duly given, the Chief Secretary shall, by writing signed by him and
countersigned by the Attorney-General,
make provision for the holding of such
referendum or Constitutional Convention as soon as practicable.
(11) The
expenses of holding a referendum or a Constitutional Convention in accordance
with provision made by the Chief Secretary
pursuant to paragraph (10) of this
Section shall be a charge on the General Fund:
Provided that the amount
payable pursuant to this paragraph shall not, in the case of a referendum,
exceed the amount expended in
conducting the voting at the last preceding
general election, and, in the case of a Constitutional Convention, exceed 2
percent of
the total amount of money appropriated by the Nitijela in the last
preceding financial year.
Section 5. Certification by the Speaker.
Whenever a certificate of the Speaker is required by
this Article as a precondition of the validity of an amendment, the Speaker
shall
give such a certificate upon being satisfied that the amendment has been
approved in compliance with the requirements of this Constitution,
and with any
applicable law.
Section 6. Duty to Report.
It shall be the duty of the Nitijela to make
provision, at least once every ten years, for a report on the advisability of
amending
this Constitution, or of calling, or holding a referendum on the
question of calling, a Constitutional Convention for the purpose
of proposing
amendments to this Constitution, and to publish that report.
ARTICLE XIII
TRANSITIONAL
Section 1. Existing Law to Continue.
(1) Subject to this Constitution:
(a) the existing law shall, until repealed or revoked, and
subject to any amendment thereof, continue in force on and after the effective
date of this Constitution;
(b) all rights, obligations and liabilities
arising under the existing law shall continue to exist on and after the
effective date
of this Constitution and shall be recognized, exercised and
enforced accordingly.
(2) Any right, obligation or liability expressly
acquired on behalf of the people of the Marshall Islands acting through their
elected
representatives shall become, on and after the effective date of this
Constitution, a right, obligation or liability of the Government
of the Marshall
Islands.
(3) Nothing in paragraphs (1) or (2) of this Section shall
affect the extent to which any right, obligation or liability of the
Administering
Authority, or of the Government of the Trust Territory or of the
Marshall Islands District of the Trust Territory shall become, on
and after the
effective date of this Constitution, a right, obligation or liability of the
Government of the Marshall Islands.
Section 2. Municipal Councils to be Local Governments.
Every Municipal Council, whether chartered or not,
existing immediately before the effective date of this Constitution shall be a
local government for the purposes of Article IX.
Section 3. Transition to Government under this Constitution.
Notwithstanding any other provision in this
Constitution, and only for so long as their terms require, this Constitution
shall have
effect subject to any transitional provisions either made as
described in Section 5 of this Article by the Marshall Islands Nitijela,
or made
as described in Section 7 of this Article by or pursuant to resolution of the
Constitutional Convention, for the purpose
of enabling any institution or
officer of the government of the Marshall Islands District of the Trust
Territory to function, as
from the effective date of this Constitution, as an
institution or officer of the Government of the Marshall Islands, or for the
purpose of otherwise enabling this Constitution to function in an orderly manner
as from its effective date.
Section 4. Conformity with the Trusteeship Agreement.
Notwithstanding any other provision in this
Constitution, and only for so long as the Trusteeship Agreement extends to the
Marshall
Islands as part of the law of the Marshall Islands, this Constitution
shall have effect subject to any transitional provisions made
as described in
section 5 of this Article by the Marshall Islands Nitijela for the purpose of
enabling the Government of the Marshall
Islands under this Constitution to be
conducted in conformity with the Trusteeship Agreement.
Section 5. Provisions Made by the Marshall Islands Nitijela.
For all or any of the purposes referred to in
Section 3 or Section 4 of this Article, the
applicable transitional
provisions shall be those made, before the effective date of this Constitution,
by Act of the legislature
of the Marshall Islands District of the Trust
Territory, known as the Marshall Islands Nitijela. confirmed by Order of the
Secretary
of the Interior of the United States.
Section 6. Implementation of a Compact of Free Association with the United States.
For the purpose of achieving consistency between
this Constitution and any provision of a Compact of Free Association between the
Government of the Republic of the Marshall Islands and the Government of the
United States, and only for so long as that provision
is in force, this
Constitution shall have effect, notwithstanding any of its other provisions,
subject to such provisions for that
purpose as may be made by Act and be duly
certified by the Speaker as having been approved by a majority of the votes
validly cast
in any plebiscite in which the people of the Marshall Islands also
approve that Compact of Free Association.
Section 7. Residual Responsibility of the Constitutional Convention.
If at any time before the effective date of this
Constitution transitional provisions for all or any of the purposes referred to
in
Section 3 of this Article are adopted by or pursuant to a resolution of the
Constitutional Convention, in the exercise of its responsibility
to make
adequate provision for the exercise of governmental functions, those
transitional provisions shall have effect for all intents
and purposes as part
of this Constitution, and shall prevail over any inconsistent provisions made as
described in Section 5 of this
Article.
ARTICLE XIV
GENERAL
Section 1. Definitions.
In this Constitution, unless the context otherwise
requires:
'Child' includes adoptive child;
'Constitutional Convention', in relation to Article XIII,
means the Constitutional Convention by which this Constitution was adopted;
and,
in relation to Article XII, has the meaning assigned to it in that
Article;
'Customary law' means any custom having the force of law in the
Republic of the Marshall Islands; and includes any Act declaring the
customary
law;
'Debt charges' include interest, sinking fund charges, the repayment or
amortization of debt, and all expenditure in connection with
the raising of
loans on the security of the revenues of the Republic or of the General Fund,
and the service and redemption of the
debt thereby created;
'Existing law'
means the law in force in the Marshall Islands immediately before the effective
date of this Constitution: and includes
any legislative or executive instrument
having the force of law made or passed before that effective date and coming
into force on
or after that effective date;
'Financial year' means the year
beginning on 1 October or such other period of twelve months as may be
prescribed by Act:
'General election' means an election of all the members of
the Nitijela held pursuant to Section 12 or Section 13 of Article IV;
'Joint
committee' means a committee of members of the Council of Iroij and of the
Nitijela, acting jointly:
'Joint conference' means a joint conference between
members of the Council of Iroij and members of the Nitijela;
'Land rights'
mean any right in any land in the Republic under the customary law or any
traditional practice:
'Member of the Nitijela' means a person who has been
declared elected to represent any electoral district and is holding office as
a
member of the Nitijela; and, unless the context otherwise requires, every
reference in this Constitution to a member of the Nitijela
shall, during any
period between the dissolution of the Nitijela and the first meeting of the
Nitijela after a general election,
be read as a reference to a person who was a
member of the Nitijela immediately before that dissolution;
'Municipal
ordinance' means any ordinance duly enacted before the effective date of this
Constitution by any municipality in the Republic,
in exercise of powers granted
under the laws of the Trust Territory of the Pacific Islands;
'Parent' includes adoptive parent;
'President elect' means the member of the Nitijela who has
been elected to the office of President pursuant to Section 3 of Article
V, in
the period between that election and the time when he is either appointed to
office or his election ceases to have effect,
pursuant to Section 4 of Article
V;
'Qualified voter' means a person having the right to vote in any electoral
district at an election of a member or members of the Nitijela;
'Total
membership,' in relation to the Nitijela, means the total number of members of
the Nitijela provided for in or pursuant to
Section 2 of Article IV; 'Vote of no
confidence' means a motion of no confidence in the Cabinet made, voted upon and
carried by a
majority of the total membership of the
Nitijela. [By way of Constitutional Amendment
#1, the term 'Marshall Islands' as that term is first used herein, was replaced
with the term
'Republic' of the Marshall Islands'; that Amendment also replaced
the term 'Marshall Islands' as it appears subsequently herein,
with the term
'Republic' However, Amendment #1 specifically exempted from its terms reference
to the Marshall Islands in defining
the term 'Existing Law']
Section
2. Persons Performing the Functions of an
Office.
A reference to the holder of any office provided for
in this Constitution includes any person who, for the time being, is performing
the functions of that office pursuant to law.
Section 3. Determination of Quorum and Right to Vote.
In any case where this Constitution prescribes the
number of the members of any body which shall constitute a quorum, that number
shall include the member of that body who is for the time being presiding over
its deliberations; and that member shall have the
right to vote on any
question.
Section 4. Dates, Days and Periods of Time.
(1) In any case where this Constitution prescribes a
date, or a means of fixing a day, or a period of time, for the performance of
any duty or for the happening of any event or for any other purpose:
(a) that day, or the last day of that period shall be
calculated by excluding the day from which any period of time begins to
run;
(b) if that date or day or the last day of that period falls on a Sunday
or a public holiday it shall be deemed to fall on the next
day that is not a
Sunday or a public holiday.
(2) In any case where the date or day prescribed by
or pursuant to this Constitution for any election or for the meeting of any
session
of the Nitijela has passed, and no valid election has been held or no
session of the Nitijela has met, that election shall be held
or that session of
the Nitijela shall meet as soon thereafter as practicable; and if no other means
is provided by or pursuant to
this Constitution for fixing a new date or day for
that election or the meeting of that session of the Nitijela, a new date or day
may be fixed by the High Court.
Section 5. Authentic
Text.
The Marshallese and English texts of this
Constitution shall be equally authentic, but, in case of difference, the
Marshallese text
shall prevail.
Section 6. Effective Date of this Constitution.
Subject to the prior approval of this Constitution
by a majority of the votes validly cast in a referendum, the effective date of
this Constitution shall be May 1,
1979.
______________________________________________________________________________
Note:
A
referendum was held on l 1 December 1990, on Constitutional amendments pursuant
to Article XII, Section 4 of the Constitution, the
Constitutional Amendments
(Referendum) Act 1990 (P.L. 1990-100), and the Elections and Referenda Act 1980
(P.L. 1980-20, as amended).
The following Constitutional Amendments and
operative provisions were adopted at a Constitutional Convention held in Majuro,
the
Republic of the Marshall Islands, from 19 February 1990 to 17 April 1990,
pursuant to Article XII, Section 4 of the Constitution,
and were approved by
two-thirds of the votes validly cast in said referendum of all qualified voters.
Certification of the Amendments
was made on 14 March 1991, pursuant to Article
XII, Section 4(1) of the Constitution and Section 5(2) of the Constitutional
Amendments
(Referendum) Act 1990 (P.L.
1990-100).
Amendment No.
1.
The Constitution is amended by inserting the words 'Republic
of the' before the words 'Marshall Islands' where they appear, or appear
for the
first time in the Title, the Preamble and any Section of the Constitution, and
by substituting the word 'Republic' for the
words 'Marshall Islands' where they
appear for a second time or more in the Preamble and any Section of the
Constitution, except
in the case of Article X, Section 1(4) and the definition
of 'existing law' in Article XIV, Section 1(1); and the effect of this
amendment
shall be as if the Constitution had always so referred to 'the Republic of the
Marshall Islands' or 'the
Republic.'
Amendment No.
2
The third paragraph of the Preamble of the Constitution is
amended as follows:
'This society has survived, and has withstood the
test of time, the impact of other cultures, the devastation of war, and the high
price paid for the purposes of international peace and security. All we have and
are today as a people, we have received as a sacred
heritage which we pledge
ourselves to safeguard and maintain, valuing nothing more dearly than our
rightful home on the islands within
the traditional boundaries of this
archipelago.'
Amendment No.
35
Article X, Section of the Constitution is amended by adding the
following new paragraph (4):
'(4) Nothing in this Constitution shall be
construed so as to preclude its application to every place within the
traditional boundaries
of the archipelago of the Marshall
Islands.'
Amendment No.
40.
Any amendment to the Constitution adopted by this
Constitutional Convention and duly certified by the Speaker in accordance with
Article
XII, Section 4(l), as having been approved by two-thirds of the votes
validly cast in a referendum of all qualified voters:
(a) shall, as
provided by that Section, be valid for all intents and purposes as part of the
Constitution, subject only to such grammatical
and numerical changes as may be
necessary to enable the text of the Constitution as amended to be read as a
consistent whole; and
(b) shall enter into force on the date of the
Speaker’s certificate.
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