Difference between revisions of "Constitution of the Kingdom of Cambodia"
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The Chairman shall be elected by the members of the Constitutional Council. He/she shall have a deciding vote in cases of equal vote. | The Chairman shall be elected by the members of the Constitutional Council. He/she shall have a deciding vote in cases of equal vote. | ||
| − | Article 138 (Previously Article 119): | + | '''Article 138 (Previously Article 119):''' |
Members of the Constitutional Council member shall be selected among the dignitaries with a higher-education degree in law, administration, diplomacy or economics and who have considerable work experience. | Members of the Constitutional Council member shall be selected among the dignitaries with a higher-education degree in law, administration, diplomacy or economics and who have considerable work experience. | ||
| − | Article 139 (Previously Article 120)(As amended March 1999): | + | '''Article 139 (Previously Article 120)(As amended March 1999):''' |
The function of member of the Constitutional Council shall be incompatible with the functions of members of Senate, deputies, members of the royal government, sitting Judges, any function in public service, President or Vice-president of a political party or President or Vice-president of a union. | The function of member of the Constitutional Council shall be incompatible with the functions of members of Senate, deputies, members of the royal government, sitting Judges, any function in public service, President or Vice-president of a political party or President or Vice-president of a union. | ||
| − | Article 140 (Previously Article 121)(As amended March 1999): | + | '''Article 140 (Previously Article 121)(As amended March 1999):''' |
| − | |||
The King, The Prime Minister, The President of the National Assembly, 1/10 of the members of National Assembly, The President of the Senate, or 1/4 of the members of Senate may send draft laws adopted by National Assembly to the Constitutional Council for review before promulgation. | The King, The Prime Minister, The President of the National Assembly, 1/10 of the members of National Assembly, The President of the Senate, or 1/4 of the members of Senate may send draft laws adopted by National Assembly to the Constitutional Council for review before promulgation. | ||
Internal rules of the National Assembly, Internal rules of the Senate and other organizational laws shall be sent to the Constitutional Council for review before their promulgation. The constitutional council shall decide within thirty days (30) at the latest whether the above laws and internal rules of the National Assembly or the Senate are constitutional. | Internal rules of the National Assembly, Internal rules of the Senate and other organizational laws shall be sent to the Constitutional Council for review before their promulgation. The constitutional council shall decide within thirty days (30) at the latest whether the above laws and internal rules of the National Assembly or the Senate are constitutional. | ||
| − | Article 141 (Previously Article 122)(As amended March 1999): | + | '''Article 141 (Previously Article 122)(As amended March 1999):''' |
| Line 1,009: | Line 1,008: | ||
Khmer Citizens shall have the right to appeal against the constitutionality of any law through their representative or president of National Assembly or member of the Senate or President of the Senate as mentioned in the above articles. | Khmer Citizens shall have the right to appeal against the constitutionality of any law through their representative or president of National Assembly or member of the Senate or President of the Senate as mentioned in the above articles. | ||
| − | New Article 142 (Previously Article 123): | + | '''New Article 142 (Previously Article 123):''' |
Provisions in any article ruled by the Constitutional Council as unconstitutional shall not be promulgated or implemented. | Provisions in any article ruled by the Constitutional Council as unconstitutional shall not be promulgated or implemented. | ||
| Line 1,015: | Line 1,014: | ||
The decision of the Constitutional Council is final. | The decision of the Constitutional Council is final. | ||
| − | New Article 143 (Previously Article 124): | + | '''New Article 143 (Previously Article 124):''' |
The King shall consult with the Constitutional Council on all proposals to amend the Constitution. | The King shall consult with the Constitutional Council on all proposals to amend the Constitution. | ||
| − | New Article 144 (Previously Article 125): | + | '''New Article 144 (Previously Article 125):''' |
An organic law shall specify the organization and operation of the Constitutional Council. | An organic law shall specify the organization and operation of the Constitutional Council. | ||
| − | CHAPTER XIII | + | ==CHAPTER XIII== |
THE ADMINISTRATION | THE ADMINISTRATION | ||
| − | Article 145 (Previously Article 126): | + | '''Article 145 (Previously Article 126):''' |
The territory of the Kingdom of Cambodia shall be divided into provinces and municipalities. | The territory of the Kingdom of Cambodia shall be divided into provinces and municipalities. | ||
| Line 1,035: | Line 1,034: | ||
Municipalities shall be divided into Khan and Khan into Sangkat. | Municipalities shall be divided into Khan and Khan into Sangkat. | ||
| − | Article 146 (Previously Article 127): | + | '''Article 146 (Previously Article 127):''' |
Provinces, municipalities, districts, khan, khum and sangkat shall be governed in accordance with organic law. | Provinces, municipalities, districts, khan, khum and sangkat shall be governed in accordance with organic law. | ||
| − | |||
| − | CHAPTER XIV | + | ==CHAPTER XIV== |
THE NATIONAL CONGRESS | THE NATIONAL CONGRESS | ||
| − | Article 147 (Previously Article 128): | + | '''Article 147 (Previously Article 128):''' |
The National Congress shall enable the people to be directly informed on various matters of national interests and to raise issues and requests for the State authority to solve. | The National Congress shall enable the people to be directly informed on various matters of national interests and to raise issues and requests for the State authority to solve. | ||
| Line 1,051: | Line 1,049: | ||
Khmer citizens of both sexes shall have the right to participate in the National Congress. | Khmer citizens of both sexes shall have the right to participate in the National Congress. | ||
| − | Article 148 (Previously Article 129): | + | '''Article 148 (Previously Article 129):''' |
The National Congress shall meet once a year in early December at the convocation of the Prime Minister. | The National Congress shall meet once a year in early December at the convocation of the Prime Minister. | ||
| Line 1,057: | Line 1,055: | ||
It shall proceed under the chairmanship of the King. | It shall proceed under the chairmanship of the King. | ||
| − | Article 149 (Previously Article 130): | + | '''Article 149 (Previously Article 130):''' |
The National Congress adopts recommendations the Senate the National Assembly and to the Executive branch for reflection. | The National Congress adopts recommendations the Senate the National Assembly and to the Executive branch for reflection. | ||
| Line 1,063: | Line 1,061: | ||
The organization and operation of the National Congress should be determined by law. | The organization and operation of the National Congress should be determined by law. | ||
| − | CHAPTER XV | + | ==CHAPTER XV== |
EFFECTS, REVISIONS AND AMENDMENTS | EFFECTS, REVISIONS AND AMENDMENTS | ||
| Line 1,069: | Line 1,067: | ||
OF THE CONSTITUTION | OF THE CONSTITUTION | ||
| − | Article 150 (Previously Article 131): | + | '''Article 150 (Previously Article 131):''' |
This Constitution shall be the Supreme law of the Kingdom of Cambodia. | This Constitution shall be the Supreme law of the Kingdom of Cambodia. | ||
| Line 1,075: | Line 1,073: | ||
Laws and decisions by the State institutions shall have to be in strict conformity with the Constitution. | Laws and decisions by the State institutions shall have to be in strict conformity with the Constitution. | ||
| − | Article 151 (Previously Article 132): | + | '''Article 151 (Previously Article 132):''' |
The initiative to review or to amend the Constitution shall be the prerogative of the King, the Prime Minister, the Chairman of the National Assembly at the suggestion of 1/4 of all the assembly members. | The initiative to review or to amend the Constitution shall be the prerogative of the King, the Prime Minister, the Chairman of the National Assembly at the suggestion of 1/4 of all the assembly members. | ||
| Line 1,081: | Line 1,079: | ||
Revision or amendments shall be enacted by a Constitutional law passed by the National Assembly with a 2/3 majority vote. | Revision or amendments shall be enacted by a Constitutional law passed by the National Assembly with a 2/3 majority vote. | ||
| − | Article 152 (Previously Article 133): | + | '''Article 152 (Previously Article 133):''' |
Revisions or amendments shall be prohibited when the country is in a state of emergency, as outlined in Article 86. | Revisions or amendments shall be prohibited when the country is in a state of emergency, as outlined in Article 86. | ||
| − | Article 153 (Previously Article 134): | + | '''Article 153 (Previously Article 134):''' |
Revision or amendment affecting the system of liberal and pluralistic democracy and the regime of Constitutional Monarchy shall be prohibited. | Revision or amendment affecting the system of liberal and pluralistic democracy and the regime of Constitutional Monarchy shall be prohibited. | ||
| − | |||
| − | CHAPTER XVI | + | |
| + | ==CHAPTER XVI== | ||
TRANSITIONAL PROVISIONS | TRANSITIONAL PROVISIONS | ||
| − | Article 154 (Previously Article 135)(As amended March 1999): | + | '''Article 154 (Previously Article 135)(As amended March 1999):''' |
This Constitution, after its adoption, shall be declared in full force immediately by the Head of State King of Cambodia. | This Constitution, after its adoption, shall be declared in full force immediately by the Head of State King of Cambodia. | ||
| − | Article 155 (Previously Article 136): | + | '''Article 155 (Previously Article 136):''' |
After the entry into force of this Constitution, the Constituent Assembly shall become the National Assembly. | After the entry into force of this Constitution, the Constituent Assembly shall become the National Assembly. | ||
| Line 1,107: | Line 1,105: | ||
In the case where the National Assembly is not yet functional, the Chairman, the First and Second Vice-Chairmen of the Constituent Assembly shall participate in the discharge of duties in the Council of the Throne if so required by the situation in the country. | In the case where the National Assembly is not yet functional, the Chairman, the First and Second Vice-Chairmen of the Constituent Assembly shall participate in the discharge of duties in the Council of the Throne if so required by the situation in the country. | ||
| − | Article 156 (Previously Article 137): | + | '''Article 156 (Previously Article 137):''' |
After this Constitution takes effect, the King shall be selected in accordance with conditions stipulated in articles 13 and 14. | After this Constitution takes effect, the King shall be selected in accordance with conditions stipulated in articles 13 and 14. | ||
| − | Article 157 (Previously Article 138)(As amended March 1999): | + | '''Article 157 (Previously Article 138)(As amended March 1999):''' |
After this Constitution takes effect, and during the first legislature, the King of the Kingdom of Cambodia shall appoint a First Prime-Minister and a Second Prime Minister to form the Royal Government after securing the consent of the President and the two Vice Presidents of the Assembly. | After this Constitution takes effect, and during the first legislature, the King of the Kingdom of Cambodia shall appoint a First Prime-Minister and a Second Prime Minister to form the Royal Government after securing the consent of the President and the two Vice Presidents of the Assembly. | ||
| Line 1,121: | Line 1,119: | ||
For the first term of the Senate: | For the first term of the Senate: | ||
| − | + | The total member of members shall be sixty-one. | |
| − | |||
| − | |||
| − | + | The King shall appoint two members including the President the first Vice President the second Vice-President of the Senate. | |
| − | + | ||
| − | + | Other members of the Senate shall be nominated by the king upon proposal by the president of Senate and President of National Assembly from among members of political parties which have seats in the National Assembly. | |
| − | |||
| − | + | The joint meeting between the National Assembly and the Senate shall be conducted by both presidents of these institutions. | |
| − | Article 158 (Previously Article 139): | + | '''Article 158 (Previously Article 139):''' |
Laws and standard documents in Cambodia that safeguard State properties, rights, freedom and legal private properties and in conformity with the national interests, shall continue to be effective until altered or abrogated by new texts, except those provisions that are contrary to the spirit of this Constitution. | Laws and standard documents in Cambodia that safeguard State properties, rights, freedom and legal private properties and in conformity with the national interests, shall continue to be effective until altered or abrogated by new texts, except those provisions that are contrary to the spirit of this Constitution. | ||
