Functional Translation Of The
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Functional Translation of theConstitutionof theRepublic of Maldives2008Done ByMs. Dheena HussainLLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn)At the Request ofMinistry of Legal Reform, Information and Arts
INDEXArticlePage NoCHAPTER ISTATE, SOVEREIGNTY AND CITIZENS1. Constitution. 12. Republic of the Maldives . 13. Territory of the Maldives . 14. Powers of the citizens. 15. Legislative power . 16. Executive power . 17. Judicial power . 18. Supremacy of Constitution . 29. Citizens. 210. State Religion . 211. National Language . 212. National Flag . 213. Currency of the Maldives. 314. Capital . 315. National Day . 3CHAPTER IIFUNDAMENTAL RIGHTS AND 30.31.Guarantee of Rights . 3Non-discrimination . 5Duty of the State . 5Freedom from restraint . 5Equality . 5Right to life . 5Protection of the environment . 5Economic and social rights . 6Privacy . 6No slavery or forced labour . 7Right to vote and run for public office. 7Freedom of expression . 7Freedom of the media . 7Freedom of acquiring and imparting knowledge. 7Freedom to form political parties, associations and societies . 8Right to strike. 8i
32. Freedom of assembly . 833. Right to protect reputation and name . 834. Right to marry and establishment of the family . 835. Special protection to children, young, elderly and.disadvantaged people. 836. Right to education . 937. Right to work . 938. Right of pension. 1039. Right to participate in cultural life . 1040. Right to acquire and hold property . 1041. Freedom of movement and establishment . 1142. Fair and transparent hearings . 1143. Fair administrative action . 1244. Personal liability . 1245. No unlawful arrest or detention . 1246. Power of arrest and detention . 1247. Search and seizure . 1348. Rights on arrest and detention . 1349. Release of accused . 1350. Prompt investigation and prosecution . 1451. Rights of the accused . 1452. Confessions and illegal evidence . 1553. Assistance of legal counsel . 1554. No degrading treatment or torture . 1555. No imprisonment for non-fulfilment of contractual.obligation . 1556. Right to appeal . 1557. Humane treatment of arrested or detained persons . 1558. Compensation . 1659. Retrospective legislation . 1660. Prohibition of double jeopardy. 1661. Publication of acts and regulations . 1662. Retention of other rights . 1763. Voidance of laws inconsistent with fundamental rights . 1764. Non-compliance with unlawful orders . 1765. Application to court to obtain a remedy . 1766. Voidance of laws inconsistent with rights and freedoms . 1867. Responsibilities and duties . 1868. Interpretation. 1969. Non-destructive interpretation of Constitution . 19ii
CHAPTER IIITHE PEOPLE’S MAJLIS70. Legislative authority. 1971. Determination of the composition of the People’s Majlis . 2072. Election of members . 2173. Qualifications of members . 2274. Court jurisdiction . 2475. Function of members . 2476. Declaration of assets . 2477. Resignation. 2478. Filling vacancy . 2479. Term of the People’s Majlis . 2480. Extension of term of the People’s Majlis . 2581. Oath of office of members of the People’s Majlis . 2582. Speaker and Deputy Speaker of the People’s Majlis . 2583. Sittings of the People’s Majlis . 2784. Presidential address . 2785. Proceedings open to the public . 2786. Quorum . 2787. Voting . 2788. Regulation of procedure . 2889. Publication of proceedings of the People’s Majlis . 2990. Privilege . 2991. Presidential assent or return for reconsideration. 2992. Publication of laws in the Government Gazette . 3093. Treaties . 3094. Delegation of power to make regulations and orders with.lawful authority. 3095. Reference to Supreme Court . 3196. Annual budget . 3197. Taxation and expenditures. 3198. Questioning of Ministers and members of the Government . 3299. Summoning persons . 33100. Removal of President or Vice President . 33101. Vote of no confidence in a member of the Cabinet . 34102. Salary and allowances . 35103. Improper benefit . 35104. Secretary General . 35105. Security . 35iii
CHAPTER IVTHE PRESIDENT106. Executive power . 36107. Term of office . 36108. Manner of Presidential election . 36109. Qualifications for election as President. 36110. Election . 37111. Presidential election. 37112. Vice President . 38113. Jurisdiction of the Supreme Court. 38114. Oath of office of the President and Vice President . 39115. Powers and responsibilities of the President . 39116. Government Ministries. 41117. Responsibilities of the Vice President . 42118. Salary and allowances . 42119. Restrictions . 42120. Declaration of assets . 42121. Resignation. 42122. Vacancy of office of Vice President . 43123. Temporary inability of the President to perform hisresponsibilities . 43124. Temporary incapacity to carry out duties . 44125. Presidential elections on the vacancy of the office of.President and Vice President . 44126. Oath of office by persons temporarily discharging the.duties of the office of President and Vice President . 45127. Criminal accountability . 45128. Immunity to a person who has served as the President . 45CHAPTER VTHE CABINET OF abinet of Ministers . 46Qualifications of Ministers . 46Oath of office . 47Responsibilities of the Cabinet . 47Attorney General . 48Accountability and responsibility of the Cabinet . 49Salary and allowances . 50Restrictions . 50Dismissal. 50Declaration of assets . 50iv
139. Resignation. 50140. A minister to be responsible for each governmentauthority . 50CHAPTER VITHE JUDICIARY141. Judiciary . 51142. Compliance with Law. 52143. Jurisdiction of the courts . 52144. Powers in constitutional matters . 52145. Supreme Court . 53146. High Court . 54147. Appointment of the Chief Justice. 54148. Appointment of Judges . 54149. Qualifications of Judges . 55150. Oath of office of Judges . 55151. Full time performance . 56152. Salary and allowances . 56153. Declaration of assets . 56154. Tenure and removal . 56155. Power to determine the jurisdiction of courts and to enactadministrative laws relating to the courts . 56156. Administration of the courts . 56CHAPTER VIIINDEPENDENT COMMISSIONS AND OFFICESJUDICIAL SERVICE COMMISSION157. Judicial Service Commission . 57158. Composition of the Judicial Service Commission . 57159. Responsibilities and powers . 58160. Constituting the Judicial Service Commission . 59161. Term of office of members of the Judicial ServiceCommission . 59162. Resignation from membership of the Judicial ServiceCommission . 60163. Quorum and voting . 60164. Salary and allowances . 60165. Removal from office . 60166. Oath of office . 60v
ELECTIONS COMMISSION167. Elections Commission . 61168. Appointment and composition of the ElectionsCommission . 61169. Qualifications . 61170. Responsibilities and powers . 62171. Voting and recording of results . 63172. Elections petitions . 63173. Term of office of members of the Elections Commission . 63174. Resignation from membership of the ElectionsCommission . 63175. Quorum and voting . 64176. Salary and allowances . 64177. Removal from office . 64178. Oath of office . 64CIVIL SERVICE COMMISSION179. Civil Service Commission . 65180. Appointment and composition of the Civil ServiceCommission . 65181. Qualifications . 65182. Responsibilities and powers . 66183. Term of office of members of the Civil Service Commission . 68184. Resignation from membership of the Civil ServiceCommission . 68185. Quorum and voting . 68186. Salary and allowances . 68187. Removal from office . 68188. Oath of office . 69HUMAN RIGHTS COMMISSION189. Human Rights Commission . 69190. Appointment and composition of the Human RightsCommission . 69191. Qualifications . 70192. Responsibilities and powers . 70193. Term of office of members of the Human RightsCommission . 71vi
194. Resignation from membership of the Human RightsCommission . 71195. Quorum and voting . 71196. Salary and allowances . 71197. Removal from office . 71198. Oath of office . 72ANTI-CORRUPTION COMMISSION199. Anti-Corruption Commission . 72200. Appointment and composition of the Anti-CorruptionCommission . 72201. Qualifications . 73202. Responsibilities and powers . 73203. Term of office of members of the Anti-CorruptionCommission . 74204. Resignation from the Anti-Corruption Commission. 74205. Quorum and voting . 74206. Salary and allowances . 74207. Removal from office . 74208. Oath of office . 75AUDITOR .Auditor General . 75Appointment of Auditor General . 75Qualifications of Auditor General . 75Responsibilities and powers . 75Reporting . 77Audit of the Auditor General’s office . 77Term of office of the Auditor General. 77Resignation of Auditor General . 77Salary and allowances . 77Removal from office . 77Oath of office . 77PROSECUTOR GENERAL220. Prosecutor General. 78221. Appointment of Prosecutor General . 78vii
222.223.224.225.226.227.228.229.Qualifications of Prosecutor General. 78Responsibilities and powers of the Prosecutor General . 79Acting through agents . 80Term of office of the Prosecutor General . 80Resignation of Prosecutor General . 80Salary and allowances . 80Removal from office . 80Oath of office . 81CHAPTER VIIIDECENTRALISED d administration . 81Election of Councils . 82Responsibilities. 82Authority to enact subordinate legislation . 83Finance . 83Ownership of property and liability for debts . 83CHAPTER IXSECURITY 6.Security services . 83Responsibilities and duties . 83Constitutional limitations . 83Authority of the People’s Majlis over the security services . 84Separate services . 84Multiparty committee of the People’s Majlis. 84Ministerial Responsibility . 84Military Service . 84Police Service . 84Illegal orders and non-compliance . 85Equal treatment . 85CHAPTER XPROPERTY, LIABILITIES AND LEGAL ACTIONS OF THE STATE247.248.249.250.Property and assets owned and acquired by the State . 85Land, sea and naturally occurring valuable resources . 86Ownerless property . 86Transactions relating to State property. 86viii
251. Prohibition of foreign ownership and foreign military.purposes . 87252. Legal actions in the name of the State . 87CHAPTER XISTATE OF on of a state of emergency . 87Content of the declaration . 88Limitations of the declaration . 88Publication. 90Submission of declaration to the Peoples Majlis . 90Determination of disputes relating to the declaration . 90Expiry or revocation of declaration . 90Public announcement of expiry of state of emergency . 91CHAPTER XIIAMENDMENT OF THE CONSTITUTION261.262.263.264.265.266.267.Amendment of the Constitution. 91Assent of President . 91Publication in Government Gazette. 92Non-assent by President and national referendum . 92Defeat of Bill . 92Provisions included in Bill . 93No amendment during emergency . 93CHAPTER XIIIAPPLICATION AND CONSTRUCTION OF cy of the Constitution . 93Continuance of laws in force . 93Continued effect of repealed laws . 93Regulations enacted under authority of Statute . 93Ascertainment of time . 94Headings . 94Definitions . 94ix
CHAPTER XIVTRANSITIONAL MATTERS275. Application of this Chapter . 97276. Elections Commission . 97277. Vacancy in Elections Commission . 99278. Qualifications of members of the Elections Commission . 99279. Responsibilities of the Elections Commission . 99280. Term of Elections Commission . 99281. Judicial Service Commission . 99282. Supreme Court . 100283. Appointment of Judges to the Supreme Court. 102284. Term of Supreme Court . 102285. Continuation of Judges. 102286. Other courts.
Functional Translation of the Constitution of the Republic of Maldives 2008 Done By Ms. Dheena Hussain LLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn)
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