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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.

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About 35 results

Jurisdiction and Access

Marshall Islands, 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

Marshall Islands, 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

Marshall Islands, 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)

Citizenship and Nationality

Marshall Islands, English

(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
(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.
… (Art. XI, Sec. 1)

Citizenship and Nationality

Marshall Islands, English

(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.
... (Art. XI, Sec. 2)

Equality and Non-Discrimination

Marshall Islands, English

(1) All persons are equal under the law and are entitled to the equal protection of the law.
(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. (Art. II, Sec. 12)

Judicial Protection

Marshall Islands, English


(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. (Art. II, Sec. 18)

Citizenship and Nationality

Marshall Islands, English

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,3 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. (Art. XI, Sec. 3)

Obligations of the State

Marshall Islands, English

The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people. (Art. II, Sec. 17)

Obligations of the State

Marshall Islands, 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)