Difference between revisions of "Constitution of the Kingdom of Cambodia"
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PREAMBLE | PREAMBLE | ||
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WE, THE PEOPLE OF CAMBODIA | WE, THE PEOPLE OF CAMBODIA | ||
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The Senate shall establish necessary commissions. The organizing and the functioning of the Senate shall be provided for in the Internal Rules of the Senate. These internal rules shall be approved by a two-third majority vote of all senators. | The Senate shall establish necessary commissions. The organizing and the functioning of the Senate shall be provided for in the Internal Rules of the Senate. These internal rules shall be approved by a two-third majority vote of all senators. | ||
| − | Article 115 - New (Added March 1999): | + | '''Article 115 - New (Added March 1999):''' |
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In the case of a senator dying, resigning, or breaching the rules of membership of the senate, within at least six months before expiration of the term, the vacancy shall be filled by a person appointed or elected according to the procedures stipulated in the internal rules of the Senate and the law on the election and nomination of senators. | In the case of a senator dying, resigning, or breaching the rules of membership of the senate, within at least six months before expiration of the term, the vacancy shall be filled by a person appointed or elected according to the procedures stipulated in the internal rules of the Senate and the law on the election and nomination of senators. | ||
| − | CHAPTER IX | + | ==CHAPTER IX== |
THE ASSEMBLY AND THE SENATE | THE ASSEMBLY AND THE SENATE | ||
| − | Article 116 - New (Added March 1999): | + | '''Article 116 - New (Added March 1999):''' |
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In the special case, the Assembly and the Senate can assemble as the congress to resolve the important issues of the nation. | In the special case, the Assembly and the Senate can assemble as the congress to resolve the important issues of the nation. | ||
| − | Article 117 - New (Added March 1999): | + | '''Article 117 - New (Added March 1999):''' |
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The national issues mentioned above in new article 116 and the organizing and functioning of the congress shall be determined by Law. | The national issues mentioned above in new article 116 and the organizing and functioning of the congress shall be determined by Law. | ||
| − | CHAPTER X | + | ==CHAPTER X== |
THE ROYAL GOVERNMENT | THE ROYAL GOVERNMENT | ||
| − | + | '''Article 118 (Previously Article 99):''' | |
The Council of Ministers is the Royal Government of Cambodia. | The Council of Ministers is the Royal Government of Cambodia. | ||
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The Council of Ministers shall be led by one Prime Minister assisted by Deputy Prime Ministers, and by State Ministers, Ministers, and State Secretaries as members | The Council of Ministers shall be led by one Prime Minister assisted by Deputy Prime Ministers, and by State Ministers, Ministers, and State Secretaries as members | ||
| − | Article 119 (Previously Article 100): | + | '''Article 119 (Previously Article 100):''' |
At the recommendation of the Chairman and with the agreement of both the Vice-Chairmen of the National Assembly, the King shall designate a dignitary from among the representatives of the winning party to form the Royal Government. This designated representative along with other members chosen from the political parties or represented in the National Assembly, then present themselves to the National Assembly to ask for a vote of confidence. | At the recommendation of the Chairman and with the agreement of both the Vice-Chairmen of the National Assembly, the King shall designate a dignitary from among the representatives of the winning party to form the Royal Government. This designated representative along with other members chosen from the political parties or represented in the National Assembly, then present themselves to the National Assembly to ask for a vote of confidence. | ||
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Before taking office, the Council of Ministers shall take an oath as stipulated in Annex 6. | Before taking office, the Council of Ministers shall take an oath as stipulated in Annex 6. | ||
| − | Article 120 (Previously Article 101): | + | '''Article 120 (Previously Article 101):''' |
The functions of members of the Royal Government shall be incompatible with professional activities in trade or industry and with the holding of any position in the public service. | The functions of members of the Royal Government shall be incompatible with professional activities in trade or industry and with the holding of any position in the public service. | ||
| − | Article 121 (Previously Article 102): | + | '''Article 121 (Previously Article 102):''' |
Members of the Royal Government shall be collectively responsible to the National Assembly for the overall policy of the Royal Government. | Members of the Royal Government shall be collectively responsible to the National Assembly for the overall policy of the Royal Government. | ||
| Line 885: | Line 880: | ||
Each member of the Royal Government shall be individually responsible to the Prime Minister and the National Assembly for his/her own conduct. | Each member of the Royal Government shall be individually responsible to the Prime Minister and the National Assembly for his/her own conduct. | ||
| − | Article 122 (Previously Article 103): | + | '''Article 122 (Previously Article 103):''' |
Members of the Royal Government shall not use the orders, written or verbal, of anyone as grounds to exonerate themselves from their responsibility. | Members of the Royal Government shall not use the orders, written or verbal, of anyone as grounds to exonerate themselves from their responsibility. | ||
| − | Article 123 (Previously Article 104): | + | '''Article 123 (Previously Article 104):''' |
The Council of Ministers shall meet every week in plenary session or in a working session. | The Council of Ministers shall meet every week in plenary session or in a working session. | ||
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Minutes of the Council of Minister's meetings shall be forwarded to the King for His information. | Minutes of the Council of Minister's meetings shall be forwarded to the King for His information. | ||
| − | Article 124 (Previously Article 105): | + | '''Article 124 (Previously Article 105):''' |
The Prime Minister shall have the right to delegate his power to a Deputy Prime Minister or to any member of the Royal Government. | The Prime Minister shall have the right to delegate his power to a Deputy Prime Minister or to any member of the Royal Government. | ||
| − | Article 125 (Previously Article 106): | + | '''Article 125 (Previously Article 106):''' |
If the post of Prime Minister is permanently vacant, a new Council of Ministers shall be appointed under the procedure stipulated in this Constitution. If the vacancy is temporary, an acting Prime Minister shall be provisionally appointed. | If the post of Prime Minister is permanently vacant, a new Council of Ministers shall be appointed under the procedure stipulated in this Constitution. If the vacancy is temporary, an acting Prime Minister shall be provisionally appointed. | ||
| − | Article 126 (Previously Article 107): | + | '''Article 126 (Previously Article 107):''' |
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Each member of the Royal Government shall be punished for any crimes or misdemeanors that he/she has committed in the course of his/her duty. | Each member of the Royal Government shall be punished for any crimes or misdemeanors that he/she has committed in the course of his/her duty. | ||
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The assembly shall decide on such matters through a secret vote by a simple majority thereof. | The assembly shall decide on such matters through a secret vote by a simple majority thereof. | ||
| − | Article 127 (Previously Article 108): | + | '''Article 127 (Previously Article 108):''' |
The organization and functioning of the Council of Ministers shall be determined by law. | The organization and functioning of the Council of Ministers shall be determined by law. | ||
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| − | CHAPTER XI | + | ==CHAPTER XI== |
THE JUDICIARY | THE JUDICIARY | ||
| − | Article 128 (Previously Article 109): | + | '''Article 128 (Previously Article 109):''' |
The Judicial power shall be an independent power | The Judicial power shall be an independent power | ||
| Line 935: | Line 928: | ||
The authority of the Judiciary shall be granted to the Supreme Court and to the lower courts of all sectors and levels. | The authority of the Judiciary shall be granted to the Supreme Court and to the lower courts of all sectors and levels. | ||
| − | Article 129 (Previously Article 110): | + | '''Article 129 (Previously Article 110):''' |
Trials shall be conducted in the name of Khmer citizens in accordance with the legal procedures and laws in force. | Trials shall be conducted in the name of Khmer citizens in accordance with the legal procedures and laws in force. | ||
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Only judges shall have the right to adjudicate. A judge shall fulfill this duty with strict respect for the laws, wholeheartedly, and conscientiously. | Only judges shall have the right to adjudicate. A judge shall fulfill this duty with strict respect for the laws, wholeheartedly, and conscientiously. | ||
| − | Article 130 (Previously Article 111): | + | '''Article 130 (Previously Article 111):''' |
Judicial power shall not be granted to the legislative or executive branches. | Judicial power shall not be granted to the legislative or executive branches. | ||
| − | Article 131 (Previously Article 112): | + | '''Article 131 (Previously Article 112):''' |
Only the Department of Public Prosecution shall have the right to file criminal suits. | Only the Department of Public Prosecution shall have the right to file criminal suits. | ||
| − | Article 132 (Previously Article 113): | + | '''Article 132 (Previously Article 113):''' |
The King shall be the guarantor of the independence of the Judiciary. The Supreme Council of the Magistracy shall assist the King in this matter. | The King shall be the guarantor of the independence of the Judiciary. The Supreme Council of the Magistracy shall assist the King in this matter. | ||
| − | Article 133 (Previously Article 114): | + | '''Article 133 (Previously Article 114):''' |
Judges shall not be dismissed. The Supreme Council of the Magistracy shall take disciplinary actions against any delinquent judges. | Judges shall not be dismissed. The Supreme Council of the Magistracy shall take disciplinary actions against any delinquent judges. | ||
| − | Article 134 (Previously Article 115): | + | '''Article 134 (Previously Article 115):''' |
The Supreme Council of the Magistracy shall be chaired by the King. The King may appoint a representative to chair the Supreme Council of the Magistracy. | The Supreme Council of the Magistracy shall be chaired by the King. The King may appoint a representative to chair the Supreme Council of the Magistracy. | ||
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The Supreme Council of Magistracy shall meet under the chairmanship of the President of the Supreme Court or the General Prosecutor of the Supreme Court to decide on disciplinary actions against judges or prosecutors. | The Supreme Council of Magistracy shall meet under the chairmanship of the President of the Supreme Court or the General Prosecutor of the Supreme Court to decide on disciplinary actions against judges or prosecutors. | ||
| − | Article 135 (Previously Article 116): | + | '''Article 135 (Previously Article 116):''' |
The statutes of judges and prosecutors and the functioning of the judiciary shall be defined in separate laws. | The statutes of judges and prosecutors and the functioning of the judiciary shall be defined in separate laws. | ||
| − | + | ==CHAPTER XII== | |
| − | CHAPTER XII | ||
THE CONSTITUTIONAL COUNCIL | THE CONSTITUTIONAL COUNCIL | ||
| − | Article 136 (Previously Article 117)(As amended March 1999): | + | '''Article 136 (Previously Article 117)(As amended March 1999):''' |
The Constitutional Council shall have the duty to safeguard respect of the constitution, interpret the Constitution and laws adopted by the National Assembly and reviewed completely by the Senate. | The Constitutional Council shall have the duty to safeguard respect of the constitution, interpret the Constitution and laws adopted by the National Assembly and reviewed completely by the Senate. | ||
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The Constitutional Council shall have the right to receive and decide on disputes concerning the election of deputies and the election of members of Senate. | The Constitutional Council shall have the right to receive and decide on disputes concerning the election of deputies and the election of members of Senate. | ||
| − | Article 137 (Previously Article 118): | + | '''Article 137 (Previously Article 118):''' |
The Constitutional Council shall consist of nine members with a nine-year mandate. 1/3 of the members of the Council shall be replaced every three years. 3 members shall be appointed by the King, 3 members by the National Assembly and 3 others by the Supreme Council of the Magistracy. | The Constitutional Council shall consist of nine members with a nine-year mandate. 1/3 of the members of the Council shall be replaced every three years. 3 members shall be appointed by the King, 3 members by the National Assembly and 3 others by the Supreme Council of the Magistracy. | ||
