Why does cambodia need a constitution

Ministerial Orders or Proclamations Prakas - used to implement and clarify specific provisions within higher-level legislative documents. Decisions Sech Kdei Samrach - usually issued by the Prime Minister or relevant minister, are used for a temporary purpose and disappear once their goal is reached. However, decisions issued by the Constitutional Council are final and binding and have supremacy within the legal system, meaning that all legal instruments must strictly conform to them.

Circulars Sarachor - used to clarify the work and affairs of ministries or a point of law and give instructions. It is signed by the Prime Minister and relevant minister. A circular is not legally binding. They have force of law only within the territorial authority of the local Council that has issued it, and cannot conflict with any other legal instrument at the national level. The Senate's website is in Khmer only - Google Translate can translate some of the sites into English.

The National Assembly's website is available in English. The Cambodian Center for Human Rights Laws website has an extensive collection of draft and national laws and decrees, many available in both English. The Cambodian Council of Jurists Laws and Regulations of Cambodia website includes public, business and civil, and sectoral laws. This site does not appear to include amended laws. Many up to date laws, decrees, sub-decrees, proclamations and decisions are available on the Open Development Cambodia website.

Most are in Khmer only - but many important Laws are in English. Join Us. Give Now. Your tax deductible gift can help stop human rights violations and save lives around the world. More Reading. February 14, News Release. January 18, News Release. September 14, Report. August 16, Report.

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. 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.

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 replies shall be given by one or several ministers depending on the matters related to the accountability of one or several ministers. If the case concerns the overall policy of the Royal Government, the Prime Minister shall reply in person.

The explanations by the ministers or by the Prime Minister shall be given verbally or in writing. In case of verbal reply, the Chairman of the National Assembly shall decide whether to hold an open debate or not. If there is no debate, the answer of the minister or the Prime Minister shall be considered final. If there is a debate, the questioner, other speakers, the ministers, or the Prime Minister may exchange views within the time-frame not exceeding one session.

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 motion of censure shall be proposed to the National Assembly by at least 30 assembly members in order for the entire National Assembly to decide. The Senate is a body that has legislative power and performs its duties as determined in the constitution and law. The Senate consists of members the number of which do not exceed half of all of the members of the Assembly.

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.

When the election of the Senator cannot be conducted due to war and special circumstances, the Senate can continue its term year by year upon the proposal of the King. The declaration of continuity of its term shall be decided by at least a two-third majority of all members of the senate.

In the circumstance described above the Senate shall assemble everyday. The Senate has the right to terminate the above situation with good reason. 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. 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.

No Senator shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his or her duties. The accusation, arrest, or detention of a senator shall be made only with the permission of the Senate or by the Standing Committee of the Senate between sessions, except in the case of flagrant delicto.

In that case the competent authority shall immediately report to the senate or to the Standing Committee for decision. 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 Senate shall hold its first session no later that sixty days after the election upon notice by the King.

Before taking office, the Senate shall decide on the validity of each member's mandate and vote separately to choose a president, Vice president and its members of each commission by a two- third majority vote.

The Senate shall hold its ordinary sessions twice a year. 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 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 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. 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.

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.

If the President is unable to perform his duties owing to illness or to fulfil the functions of Head of State as interim or as Regent, or is on a mission abroad, a Vice President shall replace him. In case of resignation or death of the president or Vice Presidents, the Assembly shall elect a new President or Vice Presidents. The Senate shall meet in closed session at the request of the President or of at least one-tenths of its members, of the King or of the Prime Minister or the President of Assembly.

The Senate meeting shall be considered as valid provided there is a quorum of seven-tenths of all members. 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 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. If the Senate approves, or disapproves but not within the time limit stipulated above, the law adopted by the Assembly shall be promulgated. If the Senate calls for the modification of the draft and the proposed law the Assembly shall take that draft and that proposed law into account a second time immediately.

The Assembly shall examine and decide whether to eliminate all or some of the provisions or any terms that the Senate calls for so doing. The exchange of the draft or the proposed law between the Senate and the Assembly shall be done only within one month. This duration shall be reduced to ten days if it is the case of national budget or finance and the duration shall be reduced to only two days if it is an urgent case.

If the Assembly withholds for longer than the time stipulated or delays while inspecting the law the principle duration for the Assembly and the Senate shall be extended so that the time duration for both are equal.

If the Senate rejects the draft or the proposed law this draft or proposed law cannot be reviewed a second time by the Assembly before one-month duration.

This duration shall be reduced to fifteen days in the case of the national budget and finance cases and to four days if it is an urgent case. In the examination of the draft and the proposed law a second time the Assembly shall adopt same by open vote with an absolute majority.

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. 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 special case, the Assembly and the Senate can assemble as the congress to resolve the important issues of the nation. The national issues mentioned above in new article and the organizing and functioning of the congress shall be determined by Law. 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.

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.

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 not use the orders, written or verbal, of anyone as grounds to exonerate themselves from their responsibility.

The Constitution of the Kingdom of Cambodia is the supreme law of the country. The Constitution was made with the support of of the United Nations and the international community in compliance with the Paris Agreement and is based on modern principles such as democracy, human rights, and the rule of law, and separation of powers:.