Eleanor Finch
The Marshallese Constitution, also known as the Constitution of the Marshall Islands, came into force on May 1, 1979, and was approved by 63% of voters in a constitutional referendum on March 1, 1979. The Constitution, which is the supreme law of the Republic of the Marshall Islands, was drafted by a Constitutional Convention of 46 elected members in 1976, with the intention of achieving future independence.
| Characteristics | Values |
|---|---|
| Name | Constitution of the Marshall Islands |
| Date of Signing | 1 March 1979 |
| Date of Enforcement | 1 May 1979 |
| Languages | English and Marshallese |
| Voter Approval | 63% |
| Revision Date | 1995 |
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What You'll Learn
The Constitution of the Marshall Islands came into force on May 1, 1979
The Constitution of the Marshall Islands combines British and American constitutional principles, primarily based on the Westminster system. It establishes a legislative branch that gives rise to the executive branch, with an independent judicial branch. The legislature is bicameral, consisting of the Council of Iroij (Traditional High Chiefs) and the elected Nitijeļā (Parliament).
The Council of Iroij is responsible for preserving customary law, traditional practices, and land tenure matters. It can review and express opinions on bills transmitted to it by the Nitijeļā, requesting reconsideration if necessary. The Nitijeļā, on the other hand, is the elected body that represents the people of the Marshall Islands. It holds legislative power and is responsible for enacting laws necessary for the exercise of its powers and the powers of other government agencies.
The Marshallese Constitution of 1979, along with subsequent amendments, the Citizenship Act of 1984, and international agreements, forms the basis for Marshallese nationality law. It determines the eligibility criteria for becoming a national of the Marshall Islands and outlines the rights and obligations of citizens. The Constitution provides for freedom of religion, speech, assembly, and the press, as well as the right to keep and bear arms.
In summary, the Constitution of the Marshall Islands, which came into force on May 1, 1979, established the legal framework for the country's governance and outlined the rights and responsibilities of its citizens, reflecting the unique blend of British and American constitutional concepts adapted to the Marshallese context.
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63% of voters approved the constitution in a referendum
The Constitution of the Marshall Islands came into force on May 1, 1979. The Constitution, which is the supreme law of the Republic of the Marshall Islands, was approved on March 1, 1979, by 63% of voters in a constitutional referendum. The Constitution was drafted by a Constitutional Convention of 46 elected members, who had convened in 1976, with the understanding that the Marshall Islands would become an independent state in 1986.
The Constitution of the Marshall Islands combines British and American constitutional concepts, primarily based on the Westminster system. It establishes a legislative branch that originates the executive branch and an independent judicial branch. The legislature is bicameral, consisting of the Council of Iroij (Traditional High Chiefs) and the elected Nitijeļā (Parliament).
The approval of the Constitution by 63% of voters in a referendum was a significant milestone in the history of the Marshall Islands. It demonstrated the people's support for the creation of their own constitutional law and their aspirations for future independence. The referendum served as a mandate from the people, solidifying the legitimacy of the Constitution as the foundation of the Republic of the Marshall Islands.
The high level of approval, at 63%, indicated widespread agreement among the voters on the principles and provisions laid out in the Constitution. This consensus was crucial in establishing a stable framework for the governance of the nation. The referendum also highlighted the importance of the people's participation in shaping their nation's future, as they actively contributed to the process of adopting a constitution that would define their rights and responsibilities as citizens of the Republic of the Marshall Islands.
The referendum was a critical step in the transition towards independence for the Marshall Islands. By approving the Constitution, the voters affirmed their commitment to establishing a sovereign and self-governing nation. This step was a clear indication of the people's desire to shape their own destiny, free from external rule, and to create a political system that reflected their unique cultural and societal context.
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The Marshallese decided to have their own constitution in 1966
The Marshallese Constitution of 1979, as amended, regulates Marshallese nationality law, along with the 1984 Citizenship Act of the Marshall Islands and its revisions, and international agreements entered into by the Marshallese government. The Constitution of the Marshall Islands combines British and American constitutional concepts, primarily based on the Westminster system. It has a legislative branch that gives rise to the executive branch, with an independent judicial branch. The legislature is a bicameral institution, consisting of the Council of Iroij (Traditional High Chiefs) and the elected Nitijeļā (Parliament).
The decision for the Marshallese to have their own constitution in 1966 was influenced by the desire for self-governance and to establish a legal framework that reflects the unique cultural, social, and political context of the Marshall Islands. The process of drafting and adopting the constitution involved input from various stakeholders, including legal experts, community leaders, and elected representatives. It is a testament to the Marshallese people's commitment to democracy, self-determination, and the protection of their rights and freedoms.
The Constitution of the Marshall Islands serves as a foundation for the country's legal system, outlining the rights and responsibilities of the government and its citizens. It provides a framework for the organisation and functioning of the government, including the roles and responsibilities of the executive, legislative, and judicial branches. The constitution also addresses issues such as finance, local government, traditional rights, citizenship, and the amendment process.
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The 1976 Constitutional Convention drafted the constitution
The Marshallese Constitution was signed in 1979, but its origins can be traced back to 1966, when the Marshallese decided to establish their own constitutional law. This decision was made before the Marshall Islands became an independent state in 1986.
The 1976 Constitutional Convention, comprising 46 elected members, played a pivotal role in drafting the constitution. This group carefully crafted a document that blended British and American constitutional concepts, primarily based on the Westminster system. This system, a legacy of British influence, forms the foundation of many democratic governments worldwide.
The resulting constitution established a legislative branch that originates from the executive branch, with an independent judicial branch. This structure mirrors the separation of powers principle, a hallmark of modern democratic governance. The legislature, a bicameral institution, consists of two chambers: the Council of Iroij, composed of Traditional High Chiefs, and the elected Nitijeļā, or Parliament.
The 1976 Constitutional Convention's work reflected a forward-thinking approach, as they designed the constitution with a future independent status in mind. This foresight proved invaluable when the Marshall Islands gained independence in 1986, as it provided a solid framework for the nation's governance. The constitution's text is bilingual, available in both English and Marshallese, ensuring accessibility to all citizens.
The Marshallese Constitution of 1979, as amended, serves as the cornerstone of the nation's legal system, regulating nationality law and providing the framework for the Republic of the Marshall Islands' governance. It underwent a revision in 1995, demonstrating the living document's ability to adapt to the evolving needs of the nation.
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The Marshallese Constitution was revised in 1995
The Marshallese Constitution was first signed into law on 1 May 1979, following approval by 63% of voters in a constitutional referendum held on 1 March 1979. The Constitution of the Marshall Islands is the supreme law of the Republic of the Marshall Islands. It mixes British and American constitutional concepts, based mainly on the Westminster system, with a legislative branch that originates from the executive branch and an independent judicial branch. The legislature is a bicameral institution, consisting of the Council of Iroij (Traditional High Chiefs) and the elected Nitijeļā (Parliament).
The 1995 revision of the Constitution also addressed the conditions of employment in the Public Service, highlighting the need to recruit and retain efficient staff, provide varied careers and adequate advancement opportunities for citizens, and act consistently with government economic and social policies. Additionally, it outlined the management of public funds, stating that no taxes shall be imposed or revenues raised, and no public money shall be expended unless authorised by law. All revenues received by the Government of the Republic of the Marshall Islands are to be paid into appropriate public funds or accounts established by the Constitution or by Act.
The Marshallese Constitution, as revised in 1995, also provided standing for the Attorney General and all persons directly affected by an alleged violation of the Constitution to complain and seek resolution through appropriate judicial proceedings. It specified that the Government of the Republic and any local government shall not be immune from suit regarding their actions or those of their agents. However, it also stated that no property or other assets of the Government of the Republic or any local government could be seized or attached to satisfy any judgment.
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Frequently asked questions
The first Marshallese Constitution was signed on 1 May 1979.
The Constitution of the Marshall Islands is the supreme law of the Republic of the Marshall Islands.
The text of the Constitution is written in both English and Marshallese.
The legislature is a bicameral institution, consisting of the Council of Iroij (Traditional High Chiefs) and the elected Nitijeļā (Parliament).
The Constitution was drafted in 1976 by a Constitutional Convention of 46 elected members.
