Maldives 2008 Constitution

CHAPTER XIII. APPLICATION AND CONSTRUCTION OF THE CONSTITUTION

268. Supremacy of the Constitution

All laws of the Maldives must be enacted in accordance with this Constitution. Any law or part of any law inconsistent with this Constitution is, to the extent of its inconsistency, void and of no force and effect. The obligations imposed by this Constitution must be fulfilled. Any conduct contrary to this Constitution shall be invalid.

269. Continuance of laws in force

Unless amended by the People’s Majlis, the laws in force at the time this Constitution comes into force which are not inconsistent with this Constitution shall continue to remain in force.

270. Continued effect of repealed laws

Acts done pursuant to or in accordance with any law which is repealed upon the commencement of this Constitution due to its inconsistency with this Constitution, remain valid, and the repeal of any such law shall not affect any right or obligation of a person under such law or any punishment enforced under such law.

271. Regulations enacted under authority of Statute

Regulations derive their authority from laws passed by the People’s Majlis pursuant to which they are enacted, and are enforceable pursuant to such lawful authority. Any regulations requiring compliance by citizens must only be enacted pursuant to authority granted by a law enacted by the People’s Majlis.

272. Ascertainment of time

Terms, periods of times and dates in this Constitution shall be ascertained in accordance with the Gregorian Calendar.

273. Headings

The table of contents, headings, and marginal notes are not part of this Constitution but are inserted for convenience of reference only.

274. Definitions

1. In this Constitution, unless the context otherwise requires, the following words and phrases shall have the following meanings:
   • “present and voting” means, of those members participating in the meeting at which the voting occurs, being present at the time of voting and voting either in favour of, or against, the motion being voted upon. In determining the majority of those members present and voting, members who did not vote either for or against the motion shall not be counted;
     
     “a citizen” means, any person specified as a citizen of the Maldives in Article 9 of this Constitution;

     “court” means, each and every place established by the Constitution, or by a law enacted by the People’s Majlis, for the purpose of conducting a trial by a judge or bench of judges;

     “jurisdiction” means, the area and matters over which an authority has power to exercise influence;

     “election” means, those elections in which, pursuant to the law to govern administrative districts under the principles of decentralized governance, citizens vote to select members of various councils, as well as general elections held to select persons as members of the People’s Majlis and presidential elections held to select a person to fill the post of President of the Republic. By-elections held to elect a person to any of the seats falling vacant comes within the meaning of elections;

     “tenet of Islam” means, the Holy Qur’an and those principles of Shari’ah whose provenance is not in dispute from among those found in the Sunna of the Noble Prophet, and those principles derived from these two foundations;

     “Islamic Shari’ah” means, the Holy Qur’an and the ways preferred by the learned people within the community and followers of the Sunnah in relation to criminal, civil, personal and other matters found in the Sunna;

     “person” or “persons” shall include natural and legal personalities;

     “have a financial interest” means, doing anything in a manner that could increase his property or wealth, or safeguard his property or wealth from loss;

     “judge” means, those persons appointed in accordance with this Constitution to conduct trials in the Supreme Court, High Court or Trial Courts;

     “constitutional matter” means, proceedings where the determination of the meaning of an Article of the Constitution or any part thereof is required, or proceedings requiring a determination whether a law or any part thereof, or a regulation or any part thereof, or an order issued by a State authority, or an act committed, or a decision taken, by an official of that authority contravenes the Constitution;

     “enemy” means, those foreign nationals who commit acts detrimental to the independence and sovereignty of the Maldives. Citizens are not included in the meaning of “enemies”;

     “law” means, those statutes enacted by the People’s Majlis and assented to by the President, and those regulations which are authorized by, and which fall within the ambit of, those statutes;

     “threat to national security” means a threat to the independence and sovereignty of the Maldives, or a threat of major damage to people’s lives, limbs or property. This includes terrorist attacks and acts of aggression committed using weapons. This, however, does not include the exercise by citizens of their legal rights to conduct peaceful activities in support of, or against various matters without contravening the law;

     “territorial integrity” means, the security of all persons, places and things within the territory of the Maldives or any part thereof and the Exclusive Economic Zone of the Maldives, and the retention of the entirety of the territory of the Maldives under the control of the Maldivian State;

     “tribunal” means any institution not constituting a court, authorized by law to adjudicate cases where a dispute arises between two or more parties and to which an application is made for adjudication thereto;

     “tax” or “a tax” means, all monies levied by the government from an individual or organization or other legal entity for the purpose of raising revenue for the State, and excluding any charge, fee or rent levied in accordance with law for the provision of a service.

2. In this Constitution, words denoted in the singular tense include the plural tense and vice versa.