ARTICLE XIV. GENERAL
Section 1. Definitions
In this Constitution,
unless the context otherwise requires
- “child” includes adoptive child;
“Constitutional Convention”, in relation to Article XIII, means the Constitutional Convention by which this Constitution was adopted; and, in relation to Article XII, has the meaning assigned to it in that Article; “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; “debt charges” include interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connection with the raising of loans on the security of the revenues of the Republic or the General Fund, and the service and redemption of the debt thereby created; “existing law” means the law in force in the Marshall Islands immediately before the effective date of this Constitution; and includes any legislative or executive instrument having the force of law made or passed before that effective date and coming into force on or after that effective date; “financial year” means the year beginning on 1 October or such other period of twelve months as may be prescribed by Act; “general election” means an election of all the members of the Nitijela held pursuant to Section 12 or Section 13 of Article IV; “joint committee” means a committee of members of the Council of Iroij and of the Nitijela, acting jointly; “joint conference” means a joint conference between members of the Council of Iroij and members of the Nitijela; “land rights” means any right in any land in the Republic under the customary law or any traditional practice; “member of the Nitijela” means a person who has been elected to represent any electoral district and is holding office as a member of the Nitijela; and, unless the context otherwise requires, every reference in this Constitution to a member of the Nitijela shall, during any period between dissolution of the Nitijela and the first meeting of the Nitijela after a general election, be read as a reference to a person who was a member of the Nitijela immediately before the dissolution; “municipal ordinance” means any ordinance duly enacted before the effective date of this Constitution by any municipality in the Republic, in exercise of powers granted under the laws of the Trust Territory of the Pacific Islands; “parent” includes adoptive parent; “President elect” means the member of the Nitijela who has been elected to the office of President pursuant to Section 3 of Article V, in the period between that election and the time when he is either appointed to office or his election ceases to have effect, pursuant to Section 4 of Article V; “qualified voter” means a person having the right to vote in any electoral district at an election of a member or members of the Nitijela; “total membership” in relation to the Nitijela, means the total number of members of the Nitijela provided for in or pursuant to Section 2 of Article IV; “Vote of no confidence” means a motion of no confidence in the Cabinet made, voted upon and carried by a majority of the total membership of the Nitijela.
Section 2. Persons Performing the Functions of an Office
A reference to the holder of any office provided for in this Constitution includes any person who, for the time being, is performing the functions of that office pursuant to law.
Section 3. Determination of Quorum and Right to Vote
In any case where this Constitution prescribes the number of the members of any body which shall constitute a quorum, that number shall include the member of that body who is for the time being presiding over its deliberations; and that member shall have the right to vote on any question.
Section 4. Dates, Days and Periods of Time
- In any case where this Constitution prescribes a date, or a means of fixing a day, or a period of time, for the performance of any duty or for the happening of any event or for any other purpose
- that day, or the last day of that period shall be calculated by excluding the day from which any period of time begins to run;
- if that date or day or the last day of that period falls on a Sunday or a public holiday it shall be deemed to fall on the next day that is not a Sunday or a public holiday.
- In any case where the date or day prescribed by or pursuant to this Constitution for any election or for the meeting of any session of the Nitijela has passed, and no valid election has been held or no session of the Nitijela has met, that election shall be held or that session of the Nitijela shall meet as soon thereafter as practicable; and if no other means is provided by or pursuant to this Constitution for fixing a new date or day for that election or the meeting of that session of the Nitijela, a new date or day may be fixed by the High Court.
Section 5. Authentic Text
The Marshallese and English texts of this Constitution shall be equally authentic, but in case of difference, the Marshallese text shall prevail.
Section 6. Effective Date of this Constitution
Subject to the prior approval of this Constitution by a majority of the votes validly cast in a referendum, the effective date of this Constitution shall be May 1, 1979.
