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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| − | == CHAPTER I == | + | == CHAPTER I -SOVEREIGNTY== |
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'''Article 1:''' | '''Article 1:''' | ||
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The national flag, anthem and coat-of-arms shall be defined in Annexes I-II and III | The national flag, anthem and coat-of-arms shall be defined in Annexes I-II and III | ||
| − | + | == CHAPTER II - THE KING == | |
| − | == CHAPTER II == | ||
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'''Article 7 :''' | '''Article 7 :''' | ||
| Line 217: | Line 209: | ||
In the case that the President of the Senate cannot perform his duties as the acting Head of State replacing the King due to his absence, the responsibilities as the Acting Head of State shall be exercised in conformity with second and third paragraph of new Article 11. | In the case that the President of the Senate cannot perform his duties as the acting Head of State replacing the King due to his absence, the responsibilities as the Acting Head of State shall be exercised in conformity with second and third paragraph of new Article 11. | ||
| − | + | == CHAPTER III - THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS== | |
| − | == CHAPTER III | ||
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'''Article 31:''' | '''Article 31:''' | ||
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Khmer citizens of either sex shall respect public and legally acquired private properties. | Khmer citizens of either sex shall respect public and legally acquired private properties. | ||
| − | + | ==CHAPTER IV - ON POLICY== | |
| − | |||
| − | ==CHAPTER IV== | ||
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'''Article 51 (As amended March 1999):''' | '''Article 51 (As amended March 1999):''' | ||
| Line 422: | Line 406: | ||
Any treaty and agreement incompatible with the independence, sovereignty, territorial integrity, neutrality and national unity of the Kingdom of Cambodia shall be annulled. | Any treaty and agreement incompatible with the independence, sovereignty, territorial integrity, neutrality and national unity of the Kingdom of Cambodia shall be annulled. | ||
| − | ==CHAPTER V== | + | ==CHAPTER V - ECONOMY== |
| − | + | [[Article 56:]] | |
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| − | Article 56: | ||
The Kingdom of Cambodia shall adopt the market economy system. | The Kingdom of Cambodia shall adopt the market economy system. | ||
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The preparation and process of this economic system shall be determined by the law. | The preparation and process of this economic system shall be determined by the law. | ||
| − | Article 57: | + | [[Article 57:]] |
Tax collection shall be in accordance with the law. The national budget shall be determined by law. | Tax collection shall be in accordance with the law. The national budget shall be determined by law. | ||
| Line 438: | Line 420: | ||
Management of the monetary and financial system shall be defined by law. | Management of the monetary and financial system shall be defined by law. | ||
| − | Article 58: | + | [[Article 58:]] |
State property notably comprises land, mineral resources, mountains, sea, underwater, continental shelf, coastline, airspace, islands, rivers, canals, streams, lakes, forests, natural resources, economic and cultural centers, bases for national defense and other facilities determined as State property. | State property notably comprises land, mineral resources, mountains, sea, underwater, continental shelf, coastline, airspace, islands, rivers, canals, streams, lakes, forests, natural resources, economic and cultural centers, bases for national defense and other facilities determined as State property. | ||
| Line 444: | Line 426: | ||
The control, use and management of State properties shall be determined by law. | The control, use and management of State properties shall be determined by law. | ||
| − | Article 59: | + | [[Article 59:]] |
The State shall protect the environment and balance of abundant natural resources and establish a precise plan of management of land, water, air, wind, geology, ecological system, mines, energy, petrol and gas, rocks and sand, gems, forests and forestry products, wildlife, fish and aquatic resources. | The State shall protect the environment and balance of abundant natural resources and establish a precise plan of management of land, water, air, wind, geology, ecological system, mines, energy, petrol and gas, rocks and sand, gems, forests and forestry products, wildlife, fish and aquatic resources. | ||
| − | Article 60: | + | [[Article 60:]] |
Khmer citizens shall have the right to sell their product. The obligation to sell products to the State, or the temporary use of private or State properties shall be prohibited unless authorized by law under special circumstances. | Khmer citizens shall have the right to sell their product. The obligation to sell products to the State, or the temporary use of private or State properties shall be prohibited unless authorized by law under special circumstances. | ||
| − | Article 61: | + | [[Article 61:]] |
The State shall promote economic development in all sectors and remote areas, especially in agriculture, handicrafts, industry, with attention to policies of water, electricity, roads and means of transport, modern technology and a system of credit. | The State shall promote economic development in all sectors and remote areas, especially in agriculture, handicrafts, industry, with attention to policies of water, electricity, roads and means of transport, modern technology and a system of credit. | ||
| − | Article 62: | + | [[Article 62:]] |
The State shall pay attention and help solve production matters, protect the price of products for farmers, crafters, and find marketplace for them to sell their products. | The State shall pay attention and help solve production matters, protect the price of products for farmers, crafters, and find marketplace for them to sell their products. | ||
| − | Article 63: | + | '''Article 63:''' |
The State shall respect market management in order to guarantee a better standard of living for the people. | The State shall respect market management in order to guarantee a better standard of living for the people. | ||
| − | Article 64: | + | '''Article 64:''' |
The State shall ban and severely punish those who import, manufacture sell illicit drugs, counterfeit and expired goods which affect the health and life of the consumers. | The State shall ban and severely punish those who import, manufacture sell illicit drugs, counterfeit and expired goods which affect the health and life of the consumers. | ||
| − | CHAPTER VI | + | ==CHAPTER VI - EDUCATION, CULTURE, SOCIAL AFFAIRS== |
| − | + | '''Article 65:''' | |
| − | |||
| − | Article 65: | ||
The State shall protect and upgrade citizens' rights to quality education at all levels and shall take necessary steps for quality education to reach all citizens. | The State shall protect and upgrade citizens' rights to quality education at all levels and shall take necessary steps for quality education to reach all citizens. | ||
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The State shall respect physical education and sports for the welfare of all Khmer citizens. | The State shall respect physical education and sports for the welfare of all Khmer citizens. | ||
| − | Article 66: | + | '''Article 66:''' |
The state shall establish a comprehensive and standardized educational system throughout the country that shall guarantee the principles of educational freedom and quality to ensure that all citizens have equal opportunity to earn a living. | The state shall establish a comprehensive and standardized educational system throughout the country that shall guarantee the principles of educational freedom and quality to ensure that all citizens have equal opportunity to earn a living. | ||
| − | Article 67: | + | '''Article 67:''' |
The State shall adopt an educational program according to the principle of modern pedagogy including technology and foreign languages. | The State shall adopt an educational program according to the principle of modern pedagogy including technology and foreign languages. | ||
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The State shall control public and private schools and classrooms at all levels. | The State shall control public and private schools and classrooms at all levels. | ||
| − | Article 68: | + | '''Article 68:''' |
The State shall provide free primary and secondary education to all citizens in public schools. | The State shall provide free primary and secondary education to all citizens in public schools. | ||
| Line 496: | Line 476: | ||
The State shall disseminate and develop the Pali schools and the Buddhist Institute. | The State shall disseminate and develop the Pali schools and the Buddhist Institute. | ||
| − | Article 69: | + | '''Article 69:''' |
The State shall preserve and promote national culture. | The State shall preserve and promote national culture. | ||
| Line 504: | Line 484: | ||
The State shall preserve ancient monuments and artifacts and restore historic sites. | The State shall preserve ancient monuments and artifacts and restore historic sites. | ||
| − | Article 70: | + | '''Article 70:''' |
Any offense affecting cultural artistic heritage shall carry a severe punishment. | Any offense affecting cultural artistic heritage shall carry a severe punishment. | ||
| − | Article 71: | + | '''Article 71:''' |
The perimeter of the national heritage sites as well as heritage that has been classified as world heritage, shall be considered neutral zones where there shall be no military activity. | The perimeter of the national heritage sites as well as heritage that has been classified as world heritage, shall be considered neutral zones where there shall be no military activity. | ||
| − | Article 72: | + | '''Article 72:''' |
The health of the people shall be guaranteed. The State shall give full consideration to disease prevention and medical treatment. Poor citizens shall receive free medical consultation in public hospitals, infirmaries and maternities. | The health of the people shall be guaranteed. The State shall give full consideration to disease prevention and medical treatment. Poor citizens shall receive free medical consultation in public hospitals, infirmaries and maternities. | ||
| Line 518: | Line 498: | ||
The State shall establish infirmaries and maternities in rural areas. | The State shall establish infirmaries and maternities in rural areas. | ||
| − | Article 73: | + | '''Article 73:''' |
The State shall give full consideration to children and mothers. the State shall establish nurseries, and help support women and children who have inadequate support. | The State shall give full consideration to children and mothers. the State shall establish nurseries, and help support women and children who have inadequate support. | ||
| − | Article 74: | + | '''Article 74:''' |
The State shall assist the disabled and the families of combatants who sacrificed their lives for the nation. | The State shall assist the disabled and the families of combatants who sacrificed their lives for the nation. | ||
| − | Article 75: | + | '''Article 75:''' |
The State shall establish a social security system for workers and employees. | The State shall establish a social security system for workers and employees. | ||
| + | ==CHAPTER VII - THE NATIONAL ASSEMBLY== | ||
| − | + | '''Article 76:''' | |
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| − | Article 76: | ||
The National Assembly consists of at least 120 members. | The National Assembly consists of at least 120 members. | ||
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Preparation for the election, procedure and electoral process shall be determined by an Electoral Law. | Preparation for the election, procedure and electoral process shall be determined by an Electoral Law. | ||
| − | Article 77: | + | '''Article 77:''' |
The deputies in the National Assembly shall represent the entire Khmer people, not only Khmers from their constituencies. | The deputies in the National Assembly shall represent the entire Khmer people, not only Khmers from their constituencies. | ||
| Line 554: | Line 531: | ||
Any imperative mandate shall be nullified. | Any imperative mandate shall be nullified. | ||
| − | Article 78: | + | '''Article 78:''' |
The legislative term of the National Assembly shall be 5 years and terminates on the day when the new National Assembly convenes. | The legislative term of the National Assembly shall be 5 years and terminates on the day when the new National Assembly convenes. | ||
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Such an extension shall require at least a two-third vote of the entire National Assembly. | Such an extension shall require at least a two-third vote of the entire National Assembly. | ||
| − | Article 79: | + | '''Article 79:''' |
The National Assembly mandate shall be incompatible with the holding of any active public function and of any membership in other institutions provided for in the Constitution, except when the assembly members (s) is (are) required to serve in the Royal Government. | The National Assembly mandate shall be incompatible with the holding of any active public function and of any membership in other institutions provided for in the Constitution, except when the assembly members (s) is (are) required to serve in the Royal Government. | ||
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In this circumstances, the said assembly member (s) shall retain the usual assembly membership but shall not hold any position in the Permanent Standing Committee and in other assembly commissions. | In this circumstances, the said assembly member (s) shall retain the usual assembly membership but shall not hold any position in the Permanent Standing Committee and in other assembly commissions. | ||
| − | Article 80: | + | '''Article 80:''' |
The deputies shall enjoy parliamentary immunity. | The deputies shall enjoy parliamentary immunity. | ||
| Line 584: | Line 561: | ||
In any case, detention or prosecution of a deputy shall be suspended by a 3/4 majority vote of the National Assembly members. | In any case, detention or prosecution of a deputy shall be suspended by a 3/4 majority vote of the National Assembly members. | ||
| − | Article 81: | + | '''Article 81:''' |
The National Assembly shall have an autonomous budget to conduct its function. | The National Assembly shall have an autonomous budget to conduct its function. | ||
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The deputies shall have receive a remuneration. | The deputies shall have receive a remuneration. | ||
| − | Article 82: | + | '''Article 82:''' |
The National Assembly shall hold its first session no later than sixty days after the election upon notice by the King. | The National Assembly shall hold its first session no later than sixty days after the election upon notice by the King. | ||
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All National Assembly members must take oath before taking office according to the text contained in Annex 5. | All National Assembly members must take oath before taking office according to the text contained in Annex 5. | ||
| − | Article 83: | + | '''Article 83:''' |
The National Assembly shall hold its ordinary session twice a year. | The National Assembly shall hold its ordinary session twice a year. | ||
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In this case, the agenda with the conditions of the extraordinary session, shall be disseminated to the population as well as the date of the meeting. | In this case, the agenda with the conditions of the extraordinary session, shall be disseminated to the population as well as the date of the meeting. | ||
| − | Article 84: | + | '''Article 84:''' |
Between the National Assembly sessions, the National Assembly Standing Committee shall manage the work of the National Assembly. | Between the National Assembly sessions, the National Assembly Standing Committee shall manage the work of the National Assembly. | ||
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The Permanent Standing Committee of the National Assembly consists of the Chairman of the National Assembly, the Vice-Chairmen, and the Chairmen of National Assembly Commissions. | The Permanent Standing Committee of the National Assembly consists of the Chairman of the National Assembly, the Vice-Chairmen, and the Chairmen of National Assembly Commissions. | ||
| − | Article 85: | + | '''Article 85:''' |
The National Assembly sessions shall be held in the Royal Capital of Cambodia in the Assembly Hall, unless stipulated otherwise in the summons, due to special circumstances | The National Assembly sessions shall be held in the Royal Capital of Cambodia in the Assembly Hall, unless stipulated otherwise in the summons, due to special circumstances | ||
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Except where so stipulated and unless held at the place and date as stipulated, any meeting of the National Assembly shall be considered as illegal and void. | Except where so stipulated and unless held at the place and date as stipulated, any meeting of the National Assembly shall be considered as illegal and void. | ||
| − | Article 86: | + | '''Article 86:''' |
If the country is in a state of emergency, the National Assembly shall meet every day continuously. The National Assembly has the right to terminate this state of emergency whenever the situation permits. | If the country is in a state of emergency, the National Assembly shall meet every day continuously. The National Assembly has the right to terminate this state of emergency whenever the situation permits. | ||
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During the state of emergency, the National Assembly shall not be dissolved. | During the state of emergency, the National Assembly shall not be dissolved. | ||
| − | Article 87: | + | '''Article 87:''' |
The Chairman of the National Assembly shall chair the assembly session; receive draft bills and resolutions adopted by the National Assembly, ensure the implementation of the Internal Rules of Procedure and manage the assembly relations with foreign countries. | The Chairman of the National Assembly shall chair the assembly session; receive draft bills and resolutions adopted by the National Assembly, ensure the implementation of the Internal Rules of Procedure and manage the assembly relations with foreign countries. | ||
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In case of resignation or death of the Chairman or the Vice-Chairman (men), the National Assembly shall elect a new Chairman or Vice-Chairman (men). | In case of resignation or death of the Chairman or the Vice-Chairman (men), the National Assembly shall elect a new Chairman or Vice-Chairman (men). | ||
| − | Article 88: | + | '''Article 88:''' |
The National Assembly sessions shall be held in public. | The National Assembly sessions shall be held in public. | ||
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The National Assembly meeting shall be considered as valid provided there is a quorum of 7/10 of all members. | The National Assembly meeting shall be considered as valid provided there is a quorum of 7/10 of all members. | ||
| − | Article 89: | + | '''Article 89:''' |
Upon the request by at least 1/10 of its members the National Assembly shall invite a high-ranking official to clarify important special issues. | Upon the request by at least 1/10 of its members the National Assembly shall invite a high-ranking official to clarify important special issues. | ||
| − | Article 90 (As amended March 1999): | + | '''Article 90 (As amended March 1999):''' |
The National Assembly is the only an organ which has legislative power, and performs its duties as provided for in the Constitution and laws. | The National Assembly is the only an organ which has legislative power, and performs its duties as provided for in the Constitution and laws. | ||
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The National Assembly shall pass a vote of confidence in the Royal Government by a two-third majority of all members of the entire National Assembly membership. | The National Assembly shall pass a vote of confidence in the Royal Government by a two-third majority of all members of the entire National Assembly membership. | ||
| − | Article 91 (As amended March 1999): | + | '''Article 91 (As amended March 1999):''' |
The members of the Senate, the members of the National Assembly and the Prime Minister have the right to initiate legislation. | The members of the Senate, the members of the National Assembly and the Prime Minister have the right to initiate legislation. | ||
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Deputies have the right to propose amendments to the laws but these proposals cannot be accepted if they aim at reducing public income or increasing the burden on the people. | Deputies have the right to propose amendments to the laws but these proposals cannot be accepted if they aim at reducing public income or increasing the burden on the people. | ||
| − | Article 92: | + | '''Article 92:''' |
Laws adopted by the National Assembly which run counter to the principles of preserving national independence, sovereignty, territorial integrity, and affect the political unity or the administration of the nation shall be annulled. The Constitutional Council is the only organ which shall decide upon this annulment. | Laws adopted by the National Assembly which run counter to the principles of preserving national independence, sovereignty, territorial integrity, and affect the political unity or the administration of the nation shall be annulled. The Constitutional Council is the only organ which shall decide upon this annulment. | ||
| − | Article 93 (As amended March 1999): | + | '''Article 93 (As amended March 1999):''' |
Any law approved by the National Assembly and finally reviewed by the Senate and signed by the King for its promulgation shall go into effect in Phnom Penh ten days after its signing and throughout the country twenty days after its signing. | Any law approved by the National Assembly and finally reviewed by the Senate and signed by the King for its promulgation shall go into effect in Phnom Penh ten days after its signing and throughout the country twenty days after its signing. | ||
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Laws that are signed by the King for their promulgation shall be published in the official journal and announced to the public throughout the country. | Laws that are signed by the King for their promulgation shall be published in the official journal and announced to the public throughout the country. | ||
| − | Article 94: | + | '''Article 94:''' |
The National Assembly shall establish various necessary commissions. The organization and functioning of the National Assembly shall be determined by the Internal Rules of Procedure of the National Assembly. | The National Assembly shall establish various necessary commissions. The organization and functioning of the National Assembly shall be determined by the Internal Rules of Procedure of the National Assembly. | ||
| − | Article 95: | + | '''Article 95:''' |
In case of death, resignation, or dismissal of an assembly deputy at least 6 months before the end of the mandate, a replacement shall be appointed in accordance with the Internal Rules of Procedure of the National Assembly and the Electoral Law. | In case of death, resignation, or dismissal of an assembly deputy at least 6 months before the end of the mandate, a replacement shall be appointed in accordance with the Internal Rules of Procedure of the National Assembly and the Electoral Law. | ||
| − | Article 96: | + | '''Article 96:''' |
The deputies have the right to put a motion against the Royal Government. The motion shall be submitted in writing through the Chairman of the National Assembly. | The deputies have the right to put a motion against the Royal Government. The motion shall be submitted in writing through the Chairman of the National Assembly. | ||
| Line 706: | Line 683: | ||
The National Assembly shall establish one day each week for questions and answers. There shall be no vote during any session reserved for this purpose. | The National Assembly shall establish one day each week for questions and answers. There shall be no vote during any session reserved for this purpose. | ||
| − | Article 97: | + | '''Article 97:''' |
The National Assembly commissions may invite any minister to clarify certain issues under his/her field of responsibility. | The National Assembly commissions may invite any minister to clarify certain issues under his/her field of responsibility. | ||
| − | Article 98: | + | '''Article 98:''' |
The National Assembly shall dismiss a member or members of the Royal Government or the whole Cabinet by the adoption of a motion of censure by 2/3 majority of the entire National Assembly. | The National Assembly shall dismiss a member or members of the Royal Government or the whole Cabinet by the adoption of a motion of censure by 2/3 majority of the entire National Assembly. | ||
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| + | ==CHAPTER VIII - THE SENATE== | ||
| − | + | '''Article 99 - New (Added March 1999):''' | |
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| − | Article 99 - New (Added March 1999): | ||
The Senate is a body that has legislative power and performs its duties as determined in the constitution and law. | The Senate is a body that has legislative power and performs its duties as determined in the constitution and law. | ||
| Line 732: | Line 706: | ||
A Senator can be re-nominated and reelected. | A Senator can be re-nominated and reelected. | ||
| − | Article 100 - New (Added March 1999): | + | '''Article 100 - New (Added March 1999):''' |
| − | |||
The king shall nominate two Senators. | The king shall nominate two Senators. | ||
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Others shall be universally elected. | Others shall be universally elected. | ||
| − | Article 101 - New (Added March 1999): | + | '''Article 101 - New (Added March 1999):''' |
| − | |||
The organization and operating procedures concerning the nomination and election of the Senators and the determination of the electors, election organisation and electoral constituencies shall be determined by law. | The organization and operating procedures concerning the nomination and election of the Senators and the determination of the electors, election organisation and electoral constituencies shall be determined by law. | ||
| − | Article 102 - New (Added March 1999): | + | '''Article 102 - New (Added March 1999):''' |
The term for Senators is six years and this term shall expire upon replacement by new Senators. | The term for Senators is six years and this term shall expire upon replacement by new Senators. | ||
| Line 756: | Line 728: | ||
If the Senate cannot assemble due to the invasion of foreign troops the proclamation of the state of emergency shall be continuously in effect automatically. | If the Senate cannot assemble due to the invasion of foreign troops the proclamation of the state of emergency shall be continuously in effect automatically. | ||
| − | Article 103 - New (Added March 1999): | + | '''Article 103 - New (Added March 1999):''' |
The mandate of senators shall be incompatible with the holding of any active public function, with the functions of members of the National Assembly, and of any membership in other institutions provided for in the constitution. | The mandate of senators shall be incompatible with the holding of any active public function, with the functions of members of the National Assembly, and of any membership in other institutions provided for in the constitution. | ||
| − | Article 104 - New (Added March 1999): | + | '''Article 104 - New (Added March 1999):''' |
The Senator shall enjoy parliamentary immunity. | The Senator shall enjoy parliamentary immunity. | ||
| Line 770: | Line 742: | ||
The decision made by the Standing Committee of the Senate shall be submitted to the Senate at its session for approval by a two-thirds majority vote of all senators. In any case, detention or prosecution of a Senator shall be suspended by a three-quarters majority vote of all senators. | The decision made by the Standing Committee of the Senate shall be submitted to the Senate at its session for approval by a two-thirds majority vote of all senators. In any case, detention or prosecution of a Senator shall be suspended by a three-quarters majority vote of all senators. | ||
| − | Article 105 - New (Added March 1999): | + | '''Article 105 - New (Added March 1999):''' |
The Senate shall have an autonomous budget to conduct its functions. | The Senate shall have an autonomous budget to conduct its functions. | ||
| Line 776: | Line 748: | ||
Senators shall receive remuneration. | Senators shall receive remuneration. | ||
| − | Article 106 - New (Added March 1999): | + | '''Article 106 - New (Added March 1999):''' |
The Senate shall hold its first session no later that sixty days after the election upon notice by the King. | The Senate shall hold its first session no later that sixty days after the election upon notice by the King. | ||
| Line 784: | Line 756: | ||
All Senators must take the oath before taking office according to the text contained in annex 7. | All Senators must take the oath before taking office according to the text contained in annex 7. | ||
| − | Article 107 - New (Added March 1999): | + | '''Article 107 - New (Added March 1999):''' |
The Senate shall hold its ordinary sessions twice a year. Each session shall last at least three months. If there is a proposal from the king or the prime Minister, or at least one-third of the senate, the Senate standing Committee shall call an extraordinary session of the Senate. | The Senate shall hold its ordinary sessions twice a year. Each session shall last at least three months. If there is a proposal from the king or the prime Minister, or at least one-third of the senate, the Senate standing Committee shall call an extraordinary session of the Senate. | ||
| − | Article 108 - New (Added March 1999): | + | '''Article 108 - New (Added March 1999):''' |
Between the senate sessions, the Senate Standing Committee shall mange the work of the Senate. | Between the senate sessions, the Senate Standing Committee shall mange the work of the Senate. | ||
| Line 794: | Line 766: | ||
The permanent Standing Committee of the Senate consists of the President of the Senate and the Vice- presidents and the Presidents of the senate commissions. | The permanent Standing Committee of the Senate consists of the President of the Senate and the Vice- presidents and the Presidents of the senate commissions. | ||
| − | Article 109 - New (Added March 1999): | + | '''Article 109 - New (Added March 1999):''' |
The Senate sessions shall be held in the Royal capital of Cambodia in the Senate Hall, unless stipulated otherwise in the summons, owing to special circumstances. | The Senate sessions shall be held in the Royal capital of Cambodia in the Senate Hall, unless stipulated otherwise in the summons, owing to special circumstances. | ||
| Line 800: | Line 772: | ||
Except where so stipulated and unless held at the place and date as stipulated any meeting of the Senate shall be considered as illegal and void. | Except where so stipulated and unless held at the place and date as stipulated any meeting of the Senate shall be considered as illegal and void. | ||
| − | Article 110 - New (Added March 1999): | + | '''Article 110 - New (Added March 1999):''' |
The president of the Senate shall chair the Senate sessions, receive draft bill and resolutions adopted by the senate, ensure the implementation of the internal rules of procedure and manage the senate's relations with foreign countries. | The president of the Senate shall chair the Senate sessions, receive draft bill and resolutions adopted by the senate, ensure the implementation of the internal rules of procedure and manage the senate's relations with foreign countries. | ||
| Line 808: | Line 780: | ||
In case of resignation or death of the president or Vice Presidents, the Assembly shall elect a new President or Vice Presidents. | In case of resignation or death of the president or Vice Presidents, the Assembly shall elect a new President or Vice Presidents. | ||
| − | Article 111 - New (Added March 1999): | + | '''Article 111 - New (Added March 1999):''' |
The Senate sessions shall be held in public. | The Senate sessions shall be held in public. | ||
| Line 818: | Line 790: | ||
The numbers of votes which are required for the Assembly approval as provided for in the Constitution, shall be applied to the Senate as well. | The numbers of votes which are required for the Assembly approval as provided for in the Constitution, shall be applied to the Senate as well. | ||
| − | Article 112 - New (Added March 1999): | + | '''Article 112 - New (Added March 1999):''' |
The Senate has the duties to coordinate the work between the Assembly and the Government. | The Senate has the duties to coordinate the work between the Assembly and the Government. | ||
| − | Article 113 - New (Added March 1999): | + | '''Article 113 - New (Added March 1999):''' |
The Senate shall examine and give a recommendation to a draft or proposed law that was firstly adopted by the Assembly and other matters that the Assembly submitted within no more than one month. If it is an emergency case that duration shall be reduced to seven days. | The Senate shall examine and give a recommendation to a draft or proposed law that was firstly adopted by the Assembly and other matters that the Assembly submitted within no more than one month. If it is an emergency case that duration shall be reduced to seven days. | ||
| Line 840: | Line 812: | ||
The draft or the proposed laws adopted by the above method shall then be sent for promulgation. | The draft or the proposed laws adopted by the above method shall then be sent for promulgation. | ||
| − | Article 114 - New (Added March 1999): | + | '''Article 114 - New (Added March 1999):''' |
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):''' |
| + | 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 - THE ASSEMBLY AND THE SENATE== | |
| − | |||
| − | |||
| − | |||
| − | THE ASSEMBLY AND THE SENATE | ||
| − | |||
| − | |||
| + | '''Article 116 - New (Added March 1999):''' | ||
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):''' |
| − | |||
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== |
| − | + | '''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. | ||
| Line 870: | Line 835: | ||
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. | ||
| Line 878: | Line 843: | ||
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 888: | Line 853: | ||
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. | ||
| Line 902: | Line 867: | ||
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):''' |
| − | |||
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. | ||
| Line 918: | Line 882: | ||
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. | ||
| − | |||
| − | |||
| − | |||
| − | THE JUDICIARY | + | ==CHAPTER XI - 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 938: | Line 899: | ||
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. | ||
| Line 944: | Line 905: | ||
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. | ||
| Line 970: | Line 931: | ||
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 - 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. | ||
| Line 986: | Line 944: | ||
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. | ||
| Line 992: | Line 950: | ||
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 1,012: | Line 969: | ||
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 1,018: | Line 975: | ||
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== |
| − | + | '''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 1,038: | Line 993: | ||
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== |
| − | + | '''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 1,054: | Line 1,006: | ||
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 1,060: | Line 1,012: | ||
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 1,066: | Line 1,018: | ||
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 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 1,078: | Line 1,026: | ||
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 1,084: | Line 1,032: | ||
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. | ||
| − | |||
| − | |||
| − | TRANSITIONAL PROVISIONS | + | ==CHAPTER XVI - 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 1,110: | Line 1,056: | ||
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 1,124: | Line 1,070: | ||
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. | ||
