ARTICLE I. SUPREMACY OF THE CONSTITUTION
Section 1. This Constitution to be Supreme Law
- This Constitution shall be the supreme law of the Republic of the Marshall Islands; and all judges and other public officers shall be bound thereby.
- No legislative or executive instrument and no decision of any court or other government agency made on or after the effective date of this Constitution shall have the force of law in the Republic unless it has been made pursuant to this 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.
Section 3. Interpretation and Application of this Constitution
- In interpreting and applying this Constitution, a court shall look to the decisions of the courts of other countries having constitutions similar, in the relevant respect, to the Constitution of the Republic of the Marshall Islands, but shall not be bound thereby; and, in following any such decision, a court shall adapt it to the needs of the Republic, taking into account this Constitution as a whole and the circumstances in the Republic from time to time.
- In all cases, the provisions of this Constitution shall be construed to achieve the aims of fair and democratic government, in the light of reason and experience.
Section 4. Enforcement of this Constitution
Subject to the Constitution’s limitations on the judicial power,
- 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 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;
- 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;
- the Government of the Republic and any local government shall not be immune from suit in respect of their own actions or those of their agents; but no property or other assets of the Government of the Republic or of any local government shall be seized or attached to satisfy any judgment.
