The National Assembly
In this parliamentary monarchy the
Constitution gave the National
Assembly important legislative
power. Elected for five years, it can be
dissolved only under very specific circumstances
(article 78): if, on two occasions in twelve
months, the government has been in a
minority. Then upon the agreement of the
Chairman of the National Assembly the
Prime Minister(s) and the King are required
to dissolve it. This is a mechanism which,
while greatly limiting the right of dissolution,
nevertheless helps to avoid paralysis in the
event of a prolonged political crisis. Another
sign of the. importance of the parliamentary
institution, the Chairman of the National
Assembly is one of the most important
figures in the Kingdom. A member of the
Council of the Throne, his agreement is
required in the event of possible dissolution
and for the appointment of, the Prime
Minister. Another classical function of the
parliament to control the government is
provided for in the Constitution (article 96) by
means of written questions or questioning.
The National Assembly consists of at least
120 members. National Assembly members
shall be elected by universal election, through
a free, equal, direct and secret ballot. National
Assembly members may stand for re-election.
Candidates must be Khmer citizens of both
sexes, aged at least 25 years old, and who
have the right to vote. In the case of war or
other specific circumstances where an election
cannot be held, the National Assembly
may extend its term for one year at a time, at
the request of the-King. Extension shall
require a two-thirds vote of the entire
National Assembly.
National Assembly members shall
have parliamentary privilege. The
can not be arrested, intercepted or
detained because of ideas
expressed in carrying out their
jobs. The arrest, interception or
detention of a National Assembly
member can be done only with the
agreement of the National
Assembly or its permanent committee
between sessions except in
cases of criminal offenses.
The National Assembly have an
independent budget. The National
Assembly members receive a parliamentary
salary. Before starting
its function, the National
Assembly must decide the validity
of each member's mandate. the
National Assembly must hold a
separate election to select the
Chairman, Vice Chairmen and all
members of the National
Assembly committees. This election
must be decided by two third
majority vote of all members of the
National Assembly. A two thirds
majority vote is required for adoption
of the internal regulations of
the National Assembly. All
members must take an oath of allegiance
before holding their position or function.
The ordinary session of the
National Assembly is held twice
per year, Each session lasts at least
three months. If there is a proposal
from the King, Prime Minister or
one-third of the National
Assembly members, the permanent
committee of the National
Assembly can call an extraordinary
session. Between sessions, the permanent
committee shall manage
the work of the assembly . The
National Assembly's permanent
committee consists of the
President of the National
Assembly, both Vice-Chairmen of
the National Assembly and the
heads of all National Assembly
committees.
If the country is in a state of emergency,
the National Assembly
must meet every day- The
National Assembly has the right
to terminate the state of emergency
if the situation permits. If
the National Assembly cannot
meet because of circumstances
such as the occupation by foreign
forces or other circumstances the
declaration of the state of emergency
must be automatically
extended. During the state of
emergency the National Assembly
must not be dissolved.
The National Assembly session is
held in public. The National
Assembly can meet in closed
session at the request of the
Chairman of the National
Assembly or at least one tenth of
the National Assembly members,
or the King or the Prime Minister.
The quorum of the National
Assembly- is seven-tenths of all
members. Upon the proposal of at
least one.-tenth of its members, the
National Assembly may invite a
high dignitary to clarify or discuss
important issues. The National
Assembly is the only organ to
adopt laws. This right is not
transferable to any other organ.
The National Assembly approves
the national budget; the state
planning, the permission of the State to
borrow and to lend, and the creation, changes
or annulment of tax. The National assembly
approves or annuls treaties or international
convention, and may declare a state of war.
The adoption of the above mentioned laws
must be decided by a simple majority of all
members. The National Assembly may pass
a vote of confidence or no-confidence in the
Royal Government by a two-thirds majority
of all members.
National Assembly members or the Prime
Minister shall have the right to propose laws.
But these proposals are unacceptable if they
aim to reduce public assets or to increase the
burden on citizens. Laws adopted by the
National Assembly which run counter to the
principles of national sovereignty and affect
the political unity or the administrative management
of the nation is annulled. The
Constitutional Council is the only organ
which can approve this annulment. Laws
approved by the National Assembly and
signed by the Head of State is effective in
Phnom Penh within ten days after signing
and within twenty days throughout the
country. Urgent laws shall become effective
immediately after the signature by the King.
National Assembly members have the right
to submit written questions to the Royal
Government through the Chairman of the
National Assembly. Replies can come from
one or more ministries according to the issue
raised, if the issue raised concerns general
policies within the Royal Government. The
Prime Minister ca n reply verbally or in
writing. All replies must be given within
seven days after receipt of the question. The
Chairman of the National Assembly can
decide whether the Assembly discusses the
issue in open debate. If there is no discussion,
the matter is settled. If there is open discussion,
the questioner, Minister or Prime
Minister may discuss their views within the
time of one meeting. The National Assembly
sets aside one day a week for responses to
questions. However, the session for answering
questions shall not lead to a vote.
National Assembly committees can invite
ministers to give explanations on their field
of responsibility. The National Assembly can
dismiss a minister or members of the cabinet
or government from his/her position by a
vote of two-thirds of the National Assembly
members. A vote of no-confidence can be put
to the National Assembly by thirty members
of the full assembly to decide.
THE CONSTITUTIONAL COUNCIL
The constitutional Council
consists of 9 members, 3 of
which are appointed by
the King, the National Assembly and the
Supreme Council of the Magistracy respectively
It judges, without appeal, the constitutionality
of the laws. It deliberates with
authority on the Internal Regulations of the
National Assembly and the organic laws. It is
requested to examine a text either by the
King, the Prime Minister, the President of the
Assembly or by 1/10th of the deputies.
THE JUDICIARY
Asserted through UNTAC impetus
and confirmed by the Constitution,
the power of the courts is one of
independence. The courts maintain impartiality
and protect the rights and freedoms for
the people. The courts cover all cases, including
administrative ones. The power of the
courts is given to the Supreme Court and
other courts of all levels. The Cambodian
judicial system is built on provincial and
municipal 21 tribunals, a Court of Appeals
and a Supreme Court. Being the legacy of the
former State of Cambodia, this judicial
system lives on and will be the basis of future
Cambodian judicial system. Cambodian magistrates
and court clerks are few in number,
approximately 80 and 200 respectively.
THE POLITICAL SYSTEM
Five articles describe the characteristics of the
system installed: a "pluralist liberal democracy". All the powers
belong to the people who can exercise their
power through the National Assembly, the
Royal Government, and the courts. There are
provisions relating to the neutrality of the
country which exclude any adherence of
Cambodia to any alliance or any regional
organization which has a military purpose.
However, Cambodia keeps its right to receive
foreign aid as military materials, weapons,
ammunitions, military training and other
assistance for its self-defense, its public order
and security throughout the country.