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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Public Institutions and Services
- EnglishThe Government of the Republic of the Marshall Islands recognizes the right of the people to health care, Education, and legal services and the obligation to take every step reasonable and necessary to provide these services. (Art. II, Sec. 15)
Status of the Constitution
- English(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. (Art. I, Sec. 2)
Status of the Constitution
- English(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. (Art. I, Sec. 1)
Status of the Constitution
- English(1) Subject to this Constitution:
(a) the existing law shall, until repealed or revoked, and subject to any amendment thereof, continue in force on and after the effective date of this Constitution;(b) all rights, obligations and liabilities arising under the existing law shall continue to exist on and after the effective date of this Constitution and shall be recognized, exercised and enforced accordingly.
… (Art. XIII, Sec. 1)
Status of International Law
- English…
(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. (Art. V, Sec. 1)
Jurisdiction and Access
- English
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(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. (Art. VI, Sec. 3)
Jurisdiction and Access
- English(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:
…
(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;
…
(3) The High Court may, on its own motion or on application of any party to the proceedings, remove to the Supreme Court any question arising as to the interpretation or effect of the Constitution in any proceedings of the High Court, other than proceedings set down for trial before a bench of 3 judges.
… (Art. VI, Sec. 2)
Jurisdiction and Access
- English
Subject to this Constitution’s express limitations on the judicial power,
1. 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;
2. 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;
… (Art. I, Sec. 4)
Obligations of the State
- English(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.
… (Art. II, Sec. 18)
Obligations of the State
- EnglishThe enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people. (Art. II, Sec. 17)