Marshall Islands, national Popular or citizens initiative [PCI] - Petition to hold a Constitutional Convention

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Marshall Islands
Political level
national
Local Name:
Petition to hold a Constitutional Convention
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

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.
(..)
(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.

References: Constitution of Marshall Islands, 1979 (accessed September 4, 2018)

Subject Matter:

To call a Constitutional Convention

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
25% of electorate
Available Time:
No information in legal source
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Majority of votes
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Proposal for amendments is necessary

Procedural Elements

Collection Mode:
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: