The major sources of Maldivian Legal system is the Constitution and Acts of Parliament. Constitution which is on the apex of the legal system; Constitution is usually a document that governs a state. Constitutions differ from laws in that former emerge from fundamental principles while the latter are derived from politics. Constitution and laws differ in the dimensions of time in which they operate. Constitutions embody timeless principles while laws are derived and subordinated. In a Constitutional society, its constitution should empower fundamental principles that a society agrees ought to govern the administration of state and guarantee individuals’ rights. [1]Constitution of Maldives, states that the laws of the state, shall be exercised in accordance with the Constitution. Therefore Maldives do have the political doctrine of “Supremacy of Constitution”.
Article 268 states 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 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 t this constitution shall be invalid.
When we are talking about the constitution of Maldives it is necessary to go through the history of Constitutionalism in Maldives. The “Raskamuge Thinvana Majlis” consisted of the members of the first and second council together with “Edhuru Beykalun” who included the four “Badi Koshi”, or gunners, and the five “kulhi koshi”, or the exponent of martial arts. This system continued until, on 19th march 1931.With the advice of “Bodun” (the Nobles), a special committee of 1 members selected by the sultan was granted the responsibility of drafting the first constitution of the Maldives in order to formulate this constitution, the sultan and the nobles obtained the advice of the then protecting power Britain.
In 1932 Sultan Mohammed Samsuddin III establish the national government on western model. A constitution was drawn up, elections held for the Sultan, and the first House of the people’s representative (people Majlis) was formed. The governance of the Maldives was, for the first time, subjected to a set of written laws during the region of Sultan Mohamed Samsuddin. On 19 March 1931 a council was appointed and entrusted with the mandate of drafting the first constitution of Maldives. The constitution that was formulated by the council was proclaimed and implemented on 22nd December 1932. The right of the citizens equality and justice and the right of the people to live in peace and security was for the first time enshrined in the constitution. The constitution also articulated administrative reforms towards improving life of the people.
Several amendments are subsequently brought to the first constitution. The constitution however repealed on 31st January 1940 on finding that it was unsuitable to the circumstances that prevailed in a country at the time a new constitution as formulated and implemented on 23rd April 1942. In 1952, the Maldives became a republic upon affirmation by a referendum and the constitution was changed to a republican constitution. However due to a change brought to the governing of the state the monarchy was restored on 7th march 1954, and the constitution of the Maldives was once again he revised. In 1968 a new referendum was held during the reign of Muhammad Fareed, for the second time a republican form of government was adopted by the Maldives on 11th November 1968. The Constitution of the Maldives has since then been in use and has been thrice amended as provided therein. First written constitution of the country was largely based on customs, conventions and other traditional administrative practice that had been followed for many centuries. In order to meet the growing public demands, the constitution was revised in about one and half years after the proclamation of the first written constitution. With the necessary amendments, a second constitution consisting 84 articles was approved by Citizens’ Special Majlis and was proclaimed by sultan Muhammad Samsuddheen on July 1934
Subsequent changes were again brought in and during the rule of Sultan Hassan Nooraddheen the second constitution was amended by the Citizens’ Special Majilis on 16th July 1936. After amending all of the 84 articles in the second constitutional, the third constitutional Comprising 80 article, was formulated and proclaimed on 28th January 1937
It is also to be noted that only after seven years from the proclamation of the first written constitution it was found that current situation did not favor a constitutional rule, so it was abolished on 30th January 1940.
But after much consideration, within 2 years, a written constitution was again formulated. This fourth constitution which consisted 17 articles was proclaimed on 23rd April 1942 by sultan Hassan Nooraddheen II and the then prime minister A1 Ameeru Muhammad Fareed
Further amendments and revision gave way for the formation of a fifth constitution. This was proclaimed on31st may 1951. The fifth constitution containing 70 Articles abolished with the declaration of the first republic and along with the proclamation of the sixth constitution which favored for a republican rule. This Sixth constitution containing 30 articles was proclaimed on 1 January 1953 by the first president of the Maldives Muhammad Ameen.
During the first year of the presidency of President Maumoon Abdul Gayyoom, on 31st December 1978, the People’s Majlis passed a bill providing for the amendment of the constitution
The president convened the people’s Majlis on 29th November 1980 and charged the Special Majlis with the responsibility of amending the constitution. The amended constitution came into force on 1st January 1998. And this constitution was amended because of highly influenced pressure to the dictatorship exercised by President Maumoon using the constitution which makes him the head of the Judiciary and which gives him the authority to appoint1/6 of the parliament. Consequently peoples influence to abolish the extreme fusion of powers made him to call for a Peoples Special Majlis to amend the Constitution on 9th June 2004. This indeed came into being on 7th August 2008.
Green constitution was called as “A Constitution for Democracy” by most of the political leaders. The wholly new policies brought by this Constitution to Maldivian legal system include the transformation of Supreme Court which fortunately separated executive power from judicial power, Making Peoples Majlis only authority to deal in enacting Laws, which eradicates the Peoples Special Majlis from the Maldivian legal system, Changing the manner of electing members to the parliament.
The notable feature in the constitutional evaluation in the Maldives is that it has always responded to the political, social, economic and cultural unique covering inter-relation between the islands and atolls, central administrative control, social stratification, an independent system of law and order, and has been conditioned to a great degree by the religion of Islam, and as a corollary all this by a homogeneous culture.
[1] Article 8: Constitution of Maldives
Article 268 states 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 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 t this constitution shall be invalid.
When we are talking about the constitution of Maldives it is necessary to go through the history of Constitutionalism in Maldives. The “Raskamuge Thinvana Majlis” consisted of the members of the first and second council together with “Edhuru Beykalun” who included the four “Badi Koshi”, or gunners, and the five “kulhi koshi”, or the exponent of martial arts. This system continued until, on 19th march 1931.With the advice of “Bodun” (the Nobles), a special committee of 1 members selected by the sultan was granted the responsibility of drafting the first constitution of the Maldives in order to formulate this constitution, the sultan and the nobles obtained the advice of the then protecting power Britain.
In 1932 Sultan Mohammed Samsuddin III establish the national government on western model. A constitution was drawn up, elections held for the Sultan, and the first House of the people’s representative (people Majlis) was formed. The governance of the Maldives was, for the first time, subjected to a set of written laws during the region of Sultan Mohamed Samsuddin. On 19 March 1931 a council was appointed and entrusted with the mandate of drafting the first constitution of Maldives. The constitution that was formulated by the council was proclaimed and implemented on 22nd December 1932. The right of the citizens equality and justice and the right of the people to live in peace and security was for the first time enshrined in the constitution. The constitution also articulated administrative reforms towards improving life of the people.
Several amendments are subsequently brought to the first constitution. The constitution however repealed on 31st January 1940 on finding that it was unsuitable to the circumstances that prevailed in a country at the time a new constitution as formulated and implemented on 23rd April 1942. In 1952, the Maldives became a republic upon affirmation by a referendum and the constitution was changed to a republican constitution. However due to a change brought to the governing of the state the monarchy was restored on 7th march 1954, and the constitution of the Maldives was once again he revised. In 1968 a new referendum was held during the reign of Muhammad Fareed, for the second time a republican form of government was adopted by the Maldives on 11th November 1968. The Constitution of the Maldives has since then been in use and has been thrice amended as provided therein. First written constitution of the country was largely based on customs, conventions and other traditional administrative practice that had been followed for many centuries. In order to meet the growing public demands, the constitution was revised in about one and half years after the proclamation of the first written constitution. With the necessary amendments, a second constitution consisting 84 articles was approved by Citizens’ Special Majlis and was proclaimed by sultan Muhammad Samsuddheen on July 1934
Subsequent changes were again brought in and during the rule of Sultan Hassan Nooraddheen the second constitution was amended by the Citizens’ Special Majilis on 16th July 1936. After amending all of the 84 articles in the second constitutional, the third constitutional Comprising 80 article, was formulated and proclaimed on 28th January 1937
It is also to be noted that only after seven years from the proclamation of the first written constitution it was found that current situation did not favor a constitutional rule, so it was abolished on 30th January 1940.
But after much consideration, within 2 years, a written constitution was again formulated. This fourth constitution which consisted 17 articles was proclaimed on 23rd April 1942 by sultan Hassan Nooraddheen II and the then prime minister A1 Ameeru Muhammad Fareed
Further amendments and revision gave way for the formation of a fifth constitution. This was proclaimed on31st may 1951. The fifth constitution containing 70 Articles abolished with the declaration of the first republic and along with the proclamation of the sixth constitution which favored for a republican rule. This Sixth constitution containing 30 articles was proclaimed on 1 January 1953 by the first president of the Maldives Muhammad Ameen.
During the first year of the presidency of President Maumoon Abdul Gayyoom, on 31st December 1978, the People’s Majlis passed a bill providing for the amendment of the constitution
The president convened the people’s Majlis on 29th November 1980 and charged the Special Majlis with the responsibility of amending the constitution. The amended constitution came into force on 1st January 1998. And this constitution was amended because of highly influenced pressure to the dictatorship exercised by President Maumoon using the constitution which makes him the head of the Judiciary and which gives him the authority to appoint1/6 of the parliament. Consequently peoples influence to abolish the extreme fusion of powers made him to call for a Peoples Special Majlis to amend the Constitution on 9th June 2004. This indeed came into being on 7th August 2008.
Green constitution was called as “A Constitution for Democracy” by most of the political leaders. The wholly new policies brought by this Constitution to Maldivian legal system include the transformation of Supreme Court which fortunately separated executive power from judicial power, Making Peoples Majlis only authority to deal in enacting Laws, which eradicates the Peoples Special Majlis from the Maldivian legal system, Changing the manner of electing members to the parliament.
The notable feature in the constitutional evaluation in the Maldives is that it has always responded to the political, social, economic and cultural unique covering inter-relation between the islands and atolls, central administrative control, social stratification, an independent system of law and order, and has been conditioned to a great degree by the religion of Islam, and as a corollary all this by a homogeneous culture.
[1] Article 8: Constitution of Maldives
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