Constitution of the Republic of the Marshall Islands 1979, as amended to 1995
Jurisdiction and Access
  • English
    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;
    … (Art. I, Sec. 4)
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
    ...
    (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)
1
Constitution of the Republic of the Marshall Islands 1979, as amended to 1995 (English), available in HeinOnline World Constitutions Illustrated Library (2019).
Links to all sites last visited 31 March 2021
2
According to Art. XIV, Sec. 1: “In this Constitution, unless the context otherwise requires: … ‘Land rights’ mean any right in any land in the Republic under the customary law or any traditional practice: …”
3
Article II on Bill of Rights.
4, 5
4 - According to Art. XIV, Sec. 1: “In this Constitution, unless the context otherwise requires: … ‘Land rights’ mean any right in any land in the Republic under the customary law or any traditional practice: …”5 - According to Art. XIV, Sec. 1: “In this Constitution, unless the context otherwise requires: … ‘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; …”
6, 7
6 - Article II on Bill of Rights.7 - Article XIII on Transitional.
8
According to Art. XIV, Sec. 1: “In this Constitution, unless the context otherwise requires: … ‘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; …”
9
According to Art. XIV, Sec. 1: “In this Constitution, unless the context otherwise requires: … ‘Land rights’ mean any right in any land in the Republic under the customary law or any traditional practice: …”
10, 11
10 - Article II on Bill of Rights.11 - Article XIII on Transitional.