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.