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Constitution of the Republic of the Marshall Islands


Published: 1979-05-01

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Constitution of the Republic of the Marshall Islands
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
CONSTITUTION OF THE REPUBLIC OF THE
MARSHALL ISLANDS
Index
Section Page
PREAMBLE 7
ARTICLE I - SUPREMACY OF THE CONSTITUTION 8
§1. This Constitution to be Supreme Law. .............................................................................. 8
§2. Inconsistency with this Constitution. ................................................................................ 8
§3. Interpretation and Application of this Constitution. ...................................................... 8
§4. Enforcement of this Constitution. ...................................................................................... 9
ARTICLE II - BILL OF RIGHTS 9
§1. Freedom of Thought, Speech, Press, Religion, Assembly, Association, and
Petition. .................................................................................................................................. 9
§2. Slavery and Involuntary Servitude. ................................................................................. 10
§3. Unreasonable Search and Seizure. ................................................................................... 10
§4. Due Process and Fair Trial. ............................................................................................... 11
§5. Just Compensation. ............................................................................................................ 12
§6. Cruel and Unusual Punishment. ...................................................................................... 13
§7. Habeas Corpus. ................................................................................................................... 14
§8. Ex -Post Facto Laws and Bills of Attainder. .................................................................... 15
§9. Quartering of Soldiers. ...................................................................................................... 15
§10. Imprisonment for Debt. ..................................................................................................... 15
§11. Conscription and Conscientious Objection. ................................................................... 15
§12. Equal Protection and Freedom from Discrimination. ................................................... 15
§13. Personal Autonomy and Privacy. .................................................................................... 16
§14. Access to Judicial and Electoral Processes. ..................................................................... 16
§15. Health. Education, and Legal Services. ........................................................................... 16
§16. Ethical Government. .......................................................................................................... 16
§17. Other Rights. ....................................................................................................................... 17
§18. Invoking Bill of Rights Provisions. .................................................................................. 17
ARTICLE III - MWEO IMON IROIJ 17
§1. The Council of Iroij. ........................................................................................................... 17
§2. Functions of the Council of Iroij. ..................................................................................... 19
§3. Requests for Reconsideration of Bills. ............................................................................. 19
§4. Compensation of Members of the Council of Iroij. ....................................................... 20
§5. The Chairman and the Vice-Chairman of the Council of Iroij. ................................... 20
§6. Functions of the Chairman. .............................................................................................. 21
§7. Procedure of the Council of Iroij. ..................................................................................... 22
§8. Vacancies in the Council of Iroij. ..................................................................................... 22
§9. Deputies of Members of the Council of Iroij. ................................................................. 22
§10. Privileges of the Council of Iroij and its Members. ....................................................... 23
§11. Clerk of the Council of Iroij. ............................................................................................. 23
ARTICLE IV - THE LEGISLATURE 24
§1. Legislative Power Vested in the Nitijela. ........................................................................ 24
§2. Membership of the Nitijela. .............................................................................................. 24
§3. Elections of Members of the Nitijela. .............................................................................. 26
§4. Qualifications of Candidates. ........................................................................................... 26
§5. Public Servants Who Become Candidates or Are Elected. ........................................... 27
§6. Vacation of Seats by Members of the Nitijela. ............................................................... 27
§7. The Speaker and the Vice-Speaker. ................................................................................. 28
§8. Functions of the Speaker. .................................................................................................. 28
§9. Determination on Questions of Membership of the Nitijela. ...................................... 29
§10. Sessions of the Nitijela. ...................................................................................................... 30
§11. Special Provisions as to Termination of Sessions and Recesses of the Nitijela. ........ 31
§12. Dissolution of the Nitijela and General Election. .......................................................... 31
§13. Special Provisions for Early Dissolution of the Nitijela and a General Election. ...... 32
§14. Clerk of the Nitijela. ........................................................................................................... 32
§15. Procedure of the Nitijela. .................................................................................................. 33
§16. Privileges of the Nitijela and its Members. .................................................................... 34
§17. Compensation of Members of the Nitijela. .................................................................... 35
§18. Introduction of Bills in the Nitijela. ................................................................................. 35
§19. Special Provisions with regard to Bills Prescribing Compensation. ........................... 35
§20. Special Provisions with Regard to Bills Prescribing the Qualifications of
Judges. ................................................................................................................................. 36
§21. When Bills Become Law. ................................................................................................... 36
ARTICLE V - THE EXECUTIVE 37
§1. Executive Authority and Collective Responsibility of the Cabinet. ........................... 37
§2. Composition of the Cabinet. ............................................................................................. 38
§3. The President. ..................................................................................................................... 39
§4. Appointment of the Cabinet after Election of the President. ....................................... 39
§5. Allocation of Portfolios. ..................................................................................................... 40
§6. Appointment of Ministers and Allocation of Portfolios at Other Times. ................... 40
§7. Vote of No Confidence in the Cabinet. ............................................................................ 41
§8. Vacation of Office by Ministers. ....................................................................................... 41
§9. Acting President. ................................................................................................................ 42
§10. Meetings of the Cabinet. .................................................................................................... 42
§11. Instruments and Other Decisions Made by the Cabinet. .............................................. 43
§12. Clerk of the Cabinet. .......................................................................................................... 43
ARTICLE VI - THE JUDICIARY 44
§1. The Judicial Power. ............................................................................................................ 44
§2. The Supreme Court. ........................................................................................................... 45
§3. The High Court. .................................................................................................................. 46
§4. The Traditional Rights Court. ........................................................................................... 47
§5. The Judicial Service Commission. .................................................................................... 48
ARTICLE VII - THE PUBLIC SERVICE 49
§1. The Public Service of the Republic of the Marshall Islands. ........................................ 49
§2. The Chief Secretary. ........................................................................................................... 50
§3. The Attorney-General. ....................................................................................................... 50
§4. The Secretary of Finance. ................................................................................................... 51
§5. The Public Service Commission. ...................................................................................... 51
§6. Tenure of Office of Members of the Public Service Commission. ............................... 52
§7. Compensation of Members of the Public Service Commission. .................................. 52
§8. Procedure of the Public Service Commission. ................................................................ 52
§9. Functions and Powers of the Public Service Commission............................................ 52
§10. Appointments within the Public Service. ....................................................................... 53
§11. Conditions of Employment in the Public Service. ......................................................... 53
ARTICLE VIII - FINANCE 54
§1. Legislative Control of Public Revenue and Expenditure. ............................................ 54
§2. The Cabinet to Take Responsibility for Budgetary Matters. ........................................ 54
§3. The General Fund. .............................................................................................................. 55
§4. Withdrawals from the General Fund or other Public Account. .................................. 55
§5. The Cabinet to Supervise Expenditure and to Account to the Nitijela. ...................... 55
§6. The Annual Appropriation Bill. ....................................................................................... 56
§7. Anticipated and Reprogrammed Expenditure. ............................................................. 57
§8. Supplementary Appropriation Bills. ............................................................................... 57
§9. Contingencies Fund. .......................................................................................................... 58
§10. Lapse of Appropriations. .................................................................................................. 58
§11. Compensation of Certain Officers Charged on the General Fund.............................. 58
§12. Public Debt Charged on the General Fund. ................................................................... 59
§13. The Auditor-General. ........................................................................................................ 59
§14. Compensation of Auditor-General. ................................................................................. 60
§15. Audit of Accounts. ............................................................................................................. 60
ARTICLE IX - LOCAL GOVERNM ENT 61
§1. Right to a System of Local Government. ........................................................................ 61
§2. Power to Make Ordinances. ............................................................................................. 61
ARTICLE X - TRADITIONAL RIGHTS 61
§1. Traditional Rights of Land Tenure Preserved. .............................................................. 61
§2. Declaration of the Customary Law. ................................................................................ 62
ARTICLE XI - CITIZENSHIP 63
§1. Persons Becoming Citizens. .............................................................................................. 63
§2. Persons Who May Be Registered as Citizens. ................................................................ 63
§3. Powers of the Nitijela regarding Citizenship. ................................................................ 64
ARTICLE XII - AMENDMENT OF THE CONSTITUTION 64
§1. Power to Amend the Constitution................................................................................... 64
§2. Classification of Amendments. ........................................................................................ 64
§3. Amendment by Action of the Nitijela and Referendum. ............................................. 65
§4. Amendment by Constitutional Convention and Referendum. ................................... 66
§5. Certification by the Speaker. ............................................................................................ 67
§6. Duty to Report. ................................................................................................................... 68
ARTICLE XIII - TRANSITIONAL 68
§1. Existing Law to Continue. ................................................................................................ 68
§2. Municipal Councils to be Local Governments. .............................................................. 69
§3. Transition to Government under this Constitution. ..................................................... 69
§4. Conformity with the Trusteeship Agreement................................................................ 69
§5. Provisions Made by the Marshall Islands Nitijela. ....................................................... 69
§6. Implementation of a Compact of Free Association with the United States. .............. 70
§7. Residual Responsibility of the Constitutional Convention. ......................................... 70
ARTICLE XIV - GENERAL 70
§1. Definitions. .......................................................................................................................... 70
§2. Persons Performing the Functions of an Office. ............................................................ 72
§3. Determination of Quorum and Right to Vote. ............................................................... 72
§4. Dates, Days and Periods of Time. .................................................................................... 72
§5. Authentic Text. ................................................................................................................... 73
§6. Effective Date of this Constitution. .................................................................................. 73
AMENDMENT NO. 1. 73
AMENDMENT NO. 2 74
AMENDMENT NO. 35 74
AMENDMENT NO. 40. 74

sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
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, wasreplaced 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
§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”]
§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
§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 “MarshallIslands” 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”]
§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 ofConstitutional 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
§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.
§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; or
(c) any service required by law in lieu of compulsory military
service when such service has been lawfully required
of others.
§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.
§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.
§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 non-payment 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 ofConstitutional 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’]
§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 thatterm is first used herein, was replaced with the term “Republic of the Marshall Islands”]
§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 “MarshallIslands” 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”]
§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.
§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.
§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.
§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”]
§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.
§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.
§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.
§15. Health. Education, and Legal Services.
The Government of the Republic of the Marshall Islands recognizes the right
of the people vii 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 usedherein, was replaced with the term “Republic of the Marshall Islands”]
§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 “]
§17. Other Rights.
The enumeration in this Constitution of certain rights shall not be construed
to deny or disparage others retained by the people.
§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
§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; and
(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”]
§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 on the 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 ConstitutionalAmendment #1, the term “Marshall Islands” as that term is first used herein, was replaced
with the term “Republic of the Marshall Islands”]
§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.
§4. Compensation of Members of the Council of Iroij.
The compensation of members of the Council of Iroij shall be specifically
prescribed by Act.
§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.
§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.
§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.
§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.
§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.
§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.
§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
§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, theterm “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”]
§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.
§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 ConstitutionalAmendment #1 the term “Marshall Islands” as that term is first used herein, was replaced with the
term “Republic of the Marshall Islands”]
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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.
§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
§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; and
(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. [Byway 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 xxii appears subsequently herein, with the term “Republic”]
§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.
§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 ofConstitutional Amendment #1, the term “Marshall Islands”as that term is first used herein, was
replaced with the term “Republic of the Marshall Islands”]
§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.
§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.
§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 thatterm is first used herein, was replaced with the term “Republic of the Marshall Islands.”]
§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.
§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 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.
§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 ConstitutionalAmendment # 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”]
§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.
§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”]
§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
§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 ofConstitutional 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”]
§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; and
(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 xxvii 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”.]
§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 ConstitutionalAmendment #1, the term “Marshall Islands” as that term is first used herein, was replaced with the
term “Republic of the Marshall Islands”]
§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 ofConstitutional Amendment #1, the term “Marshall Islands” as that term is first used herein, was
replaced with the term “Republic” of the Marshall Islands.”]
§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; and
(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; and
(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 ofConstitutional 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
§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 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 ofConstitutional 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”]
§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 isfirst used herein, was replaced with the term “Republic of the Marshall Islands”]
§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.
§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.
§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”]
§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.
§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.
§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.
§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.
§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.
§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; and
(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 AAmendment #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
§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 ConstitutionalAmendment #1, the term “Marshall Islands” as that term is first used herein, was replaced with the
term “Republic of the Marshall Islands”]
§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 firstused herein, was replaced with the term “Republic of the Marshall Islands”]
§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”]
§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.
§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.
§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 ConstitutionalAmendment #1, the term “Marshall Islands” as that term is first used herein, was replaced with the
term “Republic of the Marshall Islands”]
§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.
§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.
§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.
§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.
§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.
§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”.]
§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 isfirst 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”]
§14. Compensation of Auditor-General.
The compensation of the Auditor-General shall be specifically
prescribed by Act.
§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 GOVERNM ENT
§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 xxxvii 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.
§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
§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).}
§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 thatterm is first used herein, was replaced with the term “Republic of the Marshall Islands”]
ARTICLE XI - CITIZENSHIP
§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”]
§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 isfirst 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”]
§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; or
(e) for the express renunciation by any person of citizenship of the
Republic. [By way of Constitutional Amendment #1, the term “Marshall Islands” asthat 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
§1. Power to Amend the Constitution.
Any amendment of this Constitution shall become law only pursuant to
this Article.
§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; and
(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.
§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.
§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 (10) 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.
§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.
§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
§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; and
(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.
§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.
§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.
§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.
§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.
§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.
§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
§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”]
§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.
§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.
§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; or
(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.
§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.
§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 11 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 am ended 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 X IV, 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 ho
me on the islands within the traditional boundaries of this archipelago.”
Amendment No. 35
Article X, Section of the Constitution is am ended 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 X
II, Section 4 (1), 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 am ended to be read as a
consistent whole; and
(b) shall enter into force on the date of the Speaker’s certificate.