The Supreme Court recently decided 2 matters resulting in a statement by the Court of the correct interpretation to be applied to Article 41 of the Constitution of Nauru.
Article 41 concerns the process of dissolution of Parliament by the Speaker on the advice of the President and both of these Supreme Court matters arose out of the sitting of Parliament on 1 March 2013 where the Speaker, under Article 41(2), referred to the House the advice of the President to dissolve Parliament.
The Court ultimately found that under Article 41 Parliament must be given an opportunity to consider and debate the advice of the President to dissolve Parliament and ordered that a sitting be held within 28 days after 15 March 2013.
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