Marshall Islands is an island country located in the Pacific Ocean. The population of this country is approx 62,000 with 181 square kilometers area. Official languages are Marshallese and English. Ethnically 92% are Marshallese and religiously 97% are Christian.
There is an interesting clause in the constitution of Marshall Islands, if the total number of ministers due to a ministerial vacancy is below 6, the President shall nominate a minister to the Speaker within 30 days of the vacancy. If the President fails, he shall be deemed to have resigned from office.
These are positive aspects. Now let's discuss the negative aspects.
An obligation has been created to provide financial assistance to charitable institutions. Even if there is no limitation, it has not been clarified.
The constitution calls for an ethical government to govern the state ethically. What ethics means can vary from person to person. Some may find long skirts ethical and mini skirts unethical. To another person wearing a mini skirt is normal but topless on the beach may seem unethical. The law will always clearly state what is legal and what is illegal. A state cannot be governed on the basis of which everyone can interpret differently.
Admirable Articles of Marshall Islands's Constitution
ARTICLE I. SUPREMACY OF THE CONSTITUTION
Section 2. Inconsistency with this Constitution
● 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.
● Any other action taken by any person or body on or after the effective date of this Constitution, shall, to the extent of the inconsistency, be unlawful.
ARTICLE II. BILL OF RIGHTS
Section 1. Freedom of Thought, Speech, Assembly, Association, and Petition
1. Every person has the right to freedom of thought, conscience, and belief; to freedom of speech and of the press; to the free exercise of religion; to freedom of peaceful assembly and association; and to petition the government for a redress of grievances.
2. Nothing in this Section shall be construed to invalidate reasonable restrictions imposed by law on the time, place, or manner of conduct, provided
a. the restrictions are necessary to preserve public peace, order, health, or security or the rights or freedoms of others;
b. there exist no less restrictive means of doing so; and
c. the restrictions do not penalize conduct on the basis of disagreement with the ideas or beliefs expressed.
Section 4. Due Process and Fair Trial (Part of it)
● No person shall be deprived of life, liberty, or property without due process of the law.
● Every person charged with a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt.
Section 6. Cruel and Unusual Punishment
● No crime under the law of the Republic of the Marshall Islands may be punishable by death.
● No sentence of imprisonment at hard labor shall be imposed on any person who has not attained the age of 18 years.
● No person shall be subjected to torture or to inhuman and degrading treatment, to cruel and unusual punishment, or to excessive fines or deprivations.
Section 8. Ex Post Facto Laws and Bills of Attainder
● No person shall be subjected to ex post facto punishment--such as punishment in excess of that validly applicable at the time the act in question was committed, or punishment imposed by a procedure less favorable to the accused than that validly applicable at the time the act was committed.
● No person shall be subjected to punishment under a bill of attainder--such as a law which singles out for penalty a named or readily identifiable individual or group of individuals.
Section 13. Personal Autonomy and Privacy
All persons shall be free from unreasonable interference in personal choices that do not injure others and from unreasonable intrusions into their privacy.
ARTICLE IV. THE LEGISLATURE
Section 3. Elections of Members of the Nitijela (Part of it)
1. Elections of members of the Nitijela shall be conducted by secret ballot under a system of universal suffrage for all citizens of the Republic of the Marshall Islands who have attained the age of 18 years, and who are otherwise qualified to vote pursuant to this Section.
2. No person shall be qualified to be a voter if
a. he is certified to be insane; or
b. in respect of his conviction for a felony, he is serving a sentence of imprisonment or is released on parole or probation.
Section 6. Vacation of Seats by Members of the Nitijela (Part of it)
● The seat of any member of the Nitijela shall become vacant if, and only if,
● he ceases to possess any qualification to be a candidate which he was required to have at the time of his candidature; or
● he dies; or
● he resigns his seat, by writing signed by him, delivered, in the case of a member other than the Speaker to the Speaker, and, in the case of the Speaker, to the Clerk of the Nitijela; or
● he is absent without the leave of the Nitijela from the meetings of the Nitijela held on 20 consecutive sitting days; or
● he accepts appointment (except as a member of the Cabinet) to any other office entitling him to compensation from public money; or
● the Nitijela is dissolved.
ARTICLE V. THE EXECUTIVE
Section 8. Vacation of Office by Ministers (Part of it)
● If the occurrence of any vacancy in the office of a Minister brings the total number of Ministers below 6, the President shall, within 30 days after the occurrence of the vacancy, submit to the Speaker the nomination of a Minister pursuant to paragraph (1) of Section 6 of this Article.
● If, in any case where paragraph (2) of this
Section applies, the President does not nominate a Minister in
accordance with its provisions, he shall be deemed to have tendered his
resignation from office.
Facts of Marshall Islands's Constitution
Preamble (Part of it)
WE, THE PEOPLE OF THE REPUBLIC OF THE MARSHALL ISLANDS, trusting in God, the Giver of our life, liberty, identity and our inherent rights, do hereby exercise these rights and establish for ourselves and generations to come this Constitution, setting forth the legitimate legal framework for the governance of the Republic.
ARTICLE II. BILL OF RIGHTS
Section 1. Freedom of Thought, Speech, Assembly, Association, and Petition (Part of it)
3) Nothing in this Section shall be construed to prevent government from extending financial aid to religiously supported institutions insofar as they furnish educational, medical or other services at no profit, provided such aid does not discriminate among religious groups or beliefs on the basis of a governmental preferences for some religions over others, and provided such aid goes no further than
● reimbursing users of educational, medical, or other non-profit services for fees charged to such users, or
● reimbursing such institutions for costs incurred in providing such services, but only with funds channeled through an organization open to all religious institutions that provide the services in question.
Section 16. Ethical Government
The Government of the Republic of the Marshall Islands recognizes the right of the people to responsible and ethical government and the obligation to take every step reasonable and necessary to conduct government in accord with a comprehensive code of ethics.
