Home | Databases | WorldLII | Search | Feedback Supreme Court of the Marshall Islands

In Re Nitijela Dissolution Act of 1981 [1982] MHSC 3; 1 MILR (Rev) 1 (13 August 1982)

1 MILR (Rev.) 1

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 82-01

IN RE NITIJELA
DISSOLUTION ACT OF 1981

JUDGMENT

AUGUST 13, 1982

BURNETT, C.J.

SUMMARY:

The Constitution of the Marshall Islands provides for an automatic dissolution of the Nitijela on the thirtieth day of September in the fourth year following the year in which the last preceding general election was held. The Court, pursuant to Article IV, § 12(2), of the Constitution, held that the first Nitijela, elected April 10, 1979, was to be automatically dissolved on September 30, 1983.

DIGEST:

1. NITIJELA – Powers and Procedures: Article IV, § 12(2) of the Constitution provides for automatic dissolution on the thirtieth day of September in the fourth year after the year in which the last preceding general election was held.

2. NITIJELA – Same: The proviso in Article IV, § 12(2) of the Constitution applies only in the event of a general election pursuant to Article IV, § 13(3) that occurs before the thirtieth day of April.

OPINION OF THE COURT BY BURNETT, C.J.

The captioned Act, P.L. 1981-007, makes provision for an interpretation by this Court of Article IV, § 12, of the Constitution, to determine the date on which the Nitijela will be automatically dissolved.

Election of the Nitijela, the first to act under the Constitution of the Marshall Islands, was held on April 10, 1979, pursuant to P.L. 26-12-1. Transition Resolution No. 4, § 3, declares that, for purposes of construing § 12, Article IV, the "last preceding general election" is the election of April 10, 1979.

[1] Article IV, § 12(2), is clear and permits only one answer to the question. Its primary provision is that the Nitijela is automatically dissolved on the thirtieth day of September in the fourth year after the year in which the last preceding general election was held. As noted, this is identified as the election of April 10, 1979; the fourth year after 1979 is, obviously, 1983.

[2] The only possible source of confusion is in the proviso of Article 12, § 12(2) that, if a general election is held on or before April 30 in any calendar year "pursuant to Section 13," the Nitijela shall be dissolved on the thirtieth day of September in the third year after the year in which "that general election was held."

Section 13 very clearly refers to an early dissolution of the Nitijela by the President, and a consequent general election to elect a new Nitijela.

The present Nitijela was elected on April 10, 1979. The provisions of § 13 (and thus of the proviso of § 12(2)) have never been called into play. It follows that the "third year" provision has no application to the question before us.

IT IS, THEREFORE, THE JUDGMENT OF THIS COURT that, agreeable to the Constitution, the Nitijela of the Marshall Islands will be automatically dissolved on September 30, 1983.