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Marshall Islands

Common law

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The Marshall Islands is a common-law country with a Constitution of 1979, shaped by American law and by custom. The Constitution sets up a special court for traditional rights.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Constitution of 1979, the highest law
  • Acts of the Nitijela (parliament), and American-style common law
  • Customary law, especially for land rights
  • Decisions of the Supreme Court

The main courts

  • The Supreme Court, with appellate jurisdiction
  • The High Court
  • District and Community Courts, and the Traditional Rights Court

Becoming a lawyer

A law degree, usually from the United States, and admission by the Supreme Court.

What may surprise you

  • A Traditional Rights Court decides questions about customary titles and land.
  • It has a Compact of Free Association with the United States, but its own constitution and courts.
  • A council of chiefs, the Council of Iroij, advises on customary matters.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Marshall Islands as: Common law. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Marshall Islands, consult a lawyer qualified there. Report a mistake.

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