Topic: Hierarchy of Cambodian law

Subject: Introduction to Law

I. Constitution II. International treaty and agreementIII. LawIV. Regulation 1. The Constitution 2. Laws (Chbab): 3. Royal decrees (Prash Reach Kret): 4. Sub-decrees (Anu-Kret): 5. Proclamations (Prakas): 6. Circulars (Sarachor): V. ConclusionVI. Reference I.

Content

I. Constitution

The Constitution is the supreme law of the Kingdom of Cambodia.

The other definitions of the Constitution such as: Material: Form:

“ The constitution of Kingdom of Cambodia is the Firm Constitution because it is the Supreme Law depend on the art 151 new (1993) the amendment is different from normal amend’’.

Art 151, the initiative to review or to amend the Constitution shall be the prerogative of the King, the Prime Minister and the President of National Assembly with the suggestion of ¼ of all the National Assembly members.

Conti….

Assembly on 24 September 1993 was officially promulgated as of

March2008:This is to be noted that the 1993 Constitution has been amended Five

times

The first time: July 14,1994, concerning the delegation of power from King’s signature to the Acting Head of State.

The second time: March 8,1999, for the constitution of Senate. The third time: July 28,2001, for the creating and conferring national medals by

the king. The fourth time: June 19, 2005, for the amendment of quorum of the session and

the adopting vote of the National Assembly and the Senate. The last time: March 09, 2006, for the amendment of quorum of the session and

the adopting vote of the National Assembly and the Senate.

II. International treaty and agreement

A treaty is an express agreement under international law entered into by actors in international law.

In international law • Sovereign state and • international organizations. all of these forms of agreements are, under international law,

equally considered treaties and the rules are the same. Agreements between countries are called agreements,

conventions, protocols, and treaties. Treaties may be bilateral (between two countries) or multilateral (between more than two countries).

The ratification of international treaties is accomplished by filing instruments of ratification as provided for in the treaty.

Conti….

Art 31."The Kingdom of Cambodia shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights,

• the covenants and conventions related to human rights, women’s and children’s rights." Besides the UDHR

• International Covenants are the International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966),

• International Covenant on Civil and Political Rights (ICCPR, 1966),• Convention on the Elimination of All Forms of Discrimination

against Women (CEDAW, 1979) • Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment (CAT, 1984), and• Convention on the Rights of the Child (CRC, 1989).

Conti….

Art 26. This constitution is the supreme law of the Kingdom of Cambodia. Law and decisions made by state institutions must be in strict conformity with the constitution.

Art.55. Any treaty and agreement incompatible with the independence, sovereignty, territorial integrity, neutrality and nation unity of the kingdom of Cambodia, shall annulled.

Art 150. This constitution is the supreme law of the Kingdom of Cambodia. Law and decisions made by state institutions must be in strict conformity with the constitution.

III. Law

A law is adopted by the National Assembly and the Senate, and promulgated by the King or the acting Head of State. A law must be in strict conformity with the Constitution. In Cambodian context, there are two kinds of law which the first one is normal law which is adopted by the National Assembly and the Senate and then promulgated by the king and can be reviewed its constitutionality after the law is enforceable; second one is organic law which before promulgation from the King, it needs to review its constitutionality.

legislation

• The National Assembly is an organ that has a legislative power and performs its duties as provided for in the Constitution and laws in force.

• The National Assembly shall approve the national budget, State planning, lending , borrowing, financial contracts, and the imposition, modification or abolition of taxes.

• The National Assembly shall approve administration accounts.• The National Assembly shall adopt a law on general amnesty.

Conti…

• The National Assembly shall approve or repeal international treaties and conventions.

• The National Assembly shall adopt a law on the proclamation of war.

• The adoptions and approvals referred to in the previous clauses shall be agreed by an absolute majority vote of all Members of the National Assembly.

• The National Assembly shall pass a vote of confidence in the Royal Government by an absolute majority vote of all Members.

IV. Regulation

The legislative branch is divided into the National Assembly and the Senate, with the authority to approve and amend legislation initiated by them or by the government. The executive branch consists of the prime minister, the Council of Ministers (or the Royal Government) and the various line ministries.

Conti……

The hierarchy of domestic Cambodia legal instruments contained in this compilation is as follows:1. The Constitution: The Constitution is the supreme source of law in Cambodia2. Laws (Chbab): A law is adopted by the National Assembly and the Senate, and promulgated by the King or the acting Head of State. A law must be in strict conformity with the Constitution.3. Royal decrees (Prash Reach Kret): A Royal decree is issued by the King in the exercise of his constitutional powers. A Royal decree must be in strict conformity with the Constitution.

Conti….

4. Sub-decrees (Anu-Kret):

A sub-decree is adopted by the Council of Ministers and signed by the Prime Minister. A sub-decree must be in strict conformity with the Constitution and conform to the Law to which it refers.

5. Proclamations (Prakas):

A proclamation is a ministerial or inter-ministerial decision signed by the relevant Minister(s). A proclamation must conform to the Constitution and to the law or sub-decree to which it refers.

6. Circulars (Sarachor):

A circular is an instrument that a Ministry or higher authority use to clarify a point of law or to provide instructions. A circular is only advisory and does not have the force of law.

V. conclusion

Within this hierarchy, general observations can be made on time and scope. The higher the level of the instrument that is being enacted, the greater the amount of time required due to the various levels of review it must go through.

Another aspect that should be considered is the scope of the legal document. Laws have broad scope and apply to all government entities and geographic locations within the country, unless specifically limited within their text.

VI. Reference

• Kingdom of Cambodia, Law on Environmental Protection and Natural Resources Management (Phnom Penh: Kingdom of Cambodia)

• Kingdom of Cambodia, Constitution of the Kingdom of Cambodia, revised 1999 (Phnom Penh: Kingdom of Cambodia)

• Kingdom of Cambodia, Constitution of the Kingdom of Cambodia, revised

1999 (Phnom Penh: Kingdom of Cambodia)

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