Marshall Islands 1979 Constitution (reviewed 1995)

ARTICLE XII. AMENDMENT OF THE CONSTITUTION

Section 1. Power to Amend the Constitution

Any amendment of this Constitution shall become law only pursuant to this Article.

Section 2. Classification of Amendments

1. Any amendment of this Article, or of Articles I, II, or X, or of the principles of apportionment set forth in paragraph (4) of Section 2 of Article IV, or any amendment abolishing or altering in any fundamental respect (such as by altering the composition or method of selection or tenure of) any institution or office of government to which this paragraph applies, shall become law only in compliance with the provisions of Section 4 of this Article.
2. Paragraph (1) of this Section shall apply to:
   1. the Council of Iroij;
   2. the President;
   3. the Nitijela;
   4. the Speaker and the Vice-Speaker;
   5. the Cabinet;
   6. the Supreme Court;
   7. the High Court
   8. the Traditional Rights Court;
   9. the Judicial Service Commission;
   10. the Public Service Commission;
   11. the Auditor-General;
   12. the Chief Secretary;
   13. the Attorney General;
   14. the Secretary of Finance.
3. Any amendment not governed by paragraph (1) of this Section may become law pursuant to Section 3 or Section 4 of this Article, and Section 2 of Article IV may also be amended in accord with its provisions.

Section 3. Amendment by Action of the Nitijela and Referendum

Amendments of this Constitution made pursuant to this Section shall originate in the Nitijela, and, subject to this Section, shall be considered and disposed of as if they had been proposed by Bill. Any such amendment must first be approved on the second and third readings by at least two-thirds of the total membership of the Nitijela, provided that at least 60 days shall have elapsed between the second and third readings. Thereafter the amendment shall be valid for all intents and purposes as part of this Constitution if duly certified by the Speaker as having been so approved by the Nitijela and also by a majority of the votes validly cast in a referendum of all qualified voters, such referendum to be held as prescribed by Act.

Section 4. Amendment by Constitutional Convention and Referendum

1. Amendments of this Constitution made pursuant to this Section shall be valid for all intents and purposes as part of this Constitution if duly certified by the Speaker as having been submitted to the people by a Constitutional Convention and approved by two-thirds of the votes validly cast in a referendum of all qualified voters, such referendum to be held as prescribed by Act pursuant to paragraph (4) of this Section or by the Chief Secretary pursuant to paragraph (10) of this Section.
2. A Constitutional Convention may be convened only pursuant to this Section; shall be composed of members fairly representing all the people of the Republic of the Marshall Islands; shall be specially elected by qualified voters; shall number at least 10 more than the total membership of the Nitijela; shall be organized and shall proceed according to its own internal rules; and shall notify the Speaker of such amendments as it may adopt for submission to a referendum.
3. It shall be beyond the authority of a Constitutional Convention to consider or adopt amendments that are unrelated to or inconsistent with the proposals presented to it by the Nitijela or by referendum.
4. Upon receiving the Speaker’s certification that notice has been duly received in accord with paragraph (2) of this Section, it shall be the duty of the Nitijela, as soon as practicable, to provide by Act for a referendum among all qualified voters on the amendments submitted by the Constitutional Convention.
5. The Nitijela may at any time provide, by Act stating the proposed amendments to be considered, for the holding of a Constitutional Convention, provided that such Act is approved at both the second and third readings by two-thirds of the total membership of the Nitijela.
6. The Nitijela may at any time provide, by Act stating the proposed amendments to be considered, for the holding of a referendum among all qualified voters on the question of calling a Constitutional Convention to consider such proposed amendments.
7. Upon receiving a petition signed by not less than 25 percent of all qualified voters calling for a referendum on the question of holding a Constitutional Convention to consider the amendments proposed in the petition, the Speaker shall certify to the Nitijela that such petition has been received.
8. It shall be the duty of the Nitijela, as soon as practicable after receiving the Speaker’s certification under paragraph (7) of this Section, to provide by Act for a referendum among all qualified voters on the question of holding a Constitutional Convention to consider the amendments proposed in the petition.
9. Upon the approval of a majority of the votes validly cast in a referendum held pursuant to paragraphs (6) or (8) of this Section, as duly certified by the Speaker, it shall be the duty of the Nitijela to provide by Act for the convening of a Constitutional Convention in accord with paragraph (2) of this Section as soon as practicable.
10. If the Nitijela fails to provide for the holding of a referendum or Constitutional Convention within 60 days after the Speaker’s certificate calling for the same is duly given, the Chief Secretary shall, by writing signed by him and countersigned by the Attorney General, make provision for the holding of such referendum or Constitutional Convention as soon as practicable.
11. The expenses of holding a referendum or a Constitutional Convention in accordance with provision made by the Chief Secretary pursuant to paragraph (10) of this Section shall be a charge on the General Fund:Provided that the amount payable pursuant to this paragraph shall not, in the case of a referendum, exceed the amount expended in conducting the voting at the last preceding general election, and, in the case of a Constitutional Convention, exceed 2 percent of the total amount of money appropriated by the Nitijela in the last preceding financial year.

Section 5. Certification by the Speaker

Whenever a certificate of the Speaker is required by this Article as a precondition of the validity of an amendment, the Speaker shall give such a certificate upon being satisfied that the amendment has been approved in compliance with the requirements of this Constitution, and with any applicable law.

Section 6. Duty to Report

It shall be the duty of the Nitijela to make provision, at least once every ten years, for a report on the advisability of amending this Constitution, or of calling, or holding a referendum on the question of calling, a Constitutional Convention for the purpose of proposing amendments to this Constitution, and to publish that report.