Constitution of Nauru 1968, as amended to 2022
Limitations and/or Derogations
  • English
    Whereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest,

    the subsequent provisions of this Part2 have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest. (Art. 3)
Limitations and/or Derogations
  • English

    (1) During the period during which a declaration of emergency is in force, the President may make such orders as appear to him to be reasonably required for securing public safety, maintaining public order or safeguarding the interests or maintaining the welfare of the community.
    (2) An order made by the President under clause (1.) of this Article 30:
    (a) has effect notwithstanding anything in Part II3 of this Constitution or in Article 94;
    (b) is not invalid in whole or in part by reason only that it provides for any matter for which provision is made under any law or because of inconsistency with any law; and
    (c) lapses when the declaration of emergency lapses unless in the meantime the order is revoked by a resolution of Parliament approved by a majority of the members of Parliament present and voting.
    (3) The revocation or lapsing of an order made by the President under clause (1.) of this Article does not affect the previous operation of that order, the validity of anything done or omitted to be done under it or any offence committed or penalty or punishment incurred. (Art. 78)

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2
Part II on Protection of Fundamental Rights and Freedoms. 
3

Part II on Protection of Fundamental Rights and Freedoms.