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Pa!s!

stra University of Cambodia The Supremacy of the Constitution 1993



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Research Term Paper

The Supremacy of the Constitution 1993

Written By: LONG KimKhorn
LL.M. in International Human Rights and Humanitarian Law

Pa!s!stra University of Cambodia
Introduction to Cambodian Law

Instructed By: Professor Dr. KONG Phallack
Dean of PUC Faculty of Law and Public Relations






Phnom Penh, July 23, 2014




Pa!s!stra University of Cambodia The Supremacy of the Constitution 1993

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TABLES OF CONTENT
I. Abstract 3
II. Acknowledgement 3
III. Introduction 3
IV. Literature Review 5
V. Methodology 13
VI. Facts and Findings 13
VII. Recommendation 16
VIII. Conclusion 17
IX. References 17























Pa!s!stra University of Cambodia The Supremacy of the Constitution 1993

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I. Abstract
In every democratic country around the world consider their constitution as the
supreme law superior to other laws. Some even value the constitution above the
international law, when they come to their State sovereignty. In every constitution
aims to determine the relationship between the governing and the governed
State and citizens. But does the Constitution is the only answer to every problem
happening in the society? The answer may be not but I believe the constitution is
the core spirit of the State to structure every big skeleton of the nation political
regime, economic system, social welfare, sovereignty and integrity, national
security and defense, and human rights.
In the Constitution of the Kingdom of Cambodia promulgated by the Constituent
Assembly in 1993 also states about the supremacy. But what does supremacy
really mean in the constitution of Cambodia? Does Cambodia Constitution really
have supremacy? If it isnt, why. And how lawmaker can do to make the
constitution supreme? How the supremacy of the constitution helps to shape the
democratization process and the respect of the human rights?
II. Acknowledgement
I would like to thank Dr. KONG Phallack for instruction and also to all scholars,
lawmakers, I/NGOs reports, academic researches and publications that I was
being used to write this paper.
III. Introduction
In the 1993 Constitution Art. 150: (Former Art. 131) [1] states This Constitution
shall be the Supreme law of the Kingdom of Cambodia.
1
And Art. 150 [2] states
Laws and decisions by the State Institutions shall have to be in strict conformity
with the Constitution.


1
The Constituent Assembly, the Constitution of the Kingdom of Cambodia,
(Phnom Penh: 1993)
Pa!s!stra University of Cambodia The Supremacy of the Constitution 1993

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According to the book Introduction to Cambodian Law
2
, the supremacy is
composed by three basic elements: (1) a constitution is superior to the law; (2) any
law contrary to the constitution is not law; (3) if a law is void, it must not be
enforced (Hor. Kong. &Menzel. (Eds.): 2012). The constitution is superior
because it made from the will of the citizens within a given and defined territory
through their representative which elected by them directly with the principles of
free and fair. Kelsen and Barak said Kelsen and Barak, it is superior because the
foundation of validity of the law-constituent power is superior over legislative
power and it requires to be justified by judicial review (Hor. Kong. &Menzel.
(Eds.): 2012, p. 30)

Furthermore, in order to guarantee the supremacy of the constitution, the law
designed three level of enforcement
3
(1) Moral-binding enforcement: it is
depending solely on the virtue of law enforcement officer as well as politician and
leader. It is easy to be breached by the officer when it comes to personal interest
and threat; (2) Political-binding enforcement: in which it has to do with the
responsibility of each individual elected toward the elector and voter. Because if
they dont care the interest of their supporter or breach the trust of their citizens,
they will face a problem of loosing vote leading them away from the political
power and authentic authorization; (3) Legal-binding enforcement: if the
politician cross the red line which is limited by the constitution and law, they will
be punished by the law which they made by themselves.
Since the 1993 until the present, the National Assembly of Cambodia adopted
nearly around 360 organic laws which is drafted by the Royal Government of
Cambodia. Due to the scope, time constraint, and objective of the research, I will
bring two controversial organic laws to discuss in the below literature review.



2 &3
Hor Peng, Kong Phallack &Jorg Menzel (Eds.), Introduction to Cambodian
Law, (Konrad Adenauer Stiftung, Cambodia: 2012)

Pa!s!stra University of Cambodia The Supremacy of the Constitution 1993

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a. Research Objective
I would like to find out whether the present Constitution has its supremacy or
not. Because I believe that if there is Constitutional Supremacy, it is a way to
ensure the citizens can exercise their rights through the three branches of the
government effectively and meaningfully because the constitution can really
protect the rights of the citizens and avoid from the undermining of the laws
which drafted by the Royal Government of Cambodia. Furthermore, I would
like to find out how lawmaker can do to make the constitution to posses the
power of its supremacy.

b. Research Scope
Due to time constraint and the research objective, I would like only to examine
some article through out the constitution and organic laws that are believed
undermining the supremacy of the constitution from the legal point of view.

c. Research Problem
According to the 1993 Constitution Art. 150 (New): (Art. 131 Old) [1] states
Constitution is the supreme law of the Kingdom of Cambodia. According to
the principles of the modern constitutionalism, the supremacy have to meet
three aspects a./ Constitution shall be superior to others laws, b./ Other laws
that contrast with the Constitution are not law/ void, c./ If it is void, it couldnt
be implemented.

In the last 20-year since 1993, the National Assembly of Cambodia passed
more than 360 laws which were drafted by the Royal Government of
Cambodia. There are many criticisms that those laws, more or less, written
down unconstitutionally aiming to protect the legacy of the government rather
than to preserve the rights of its citizens.

IV. Literature Review
The first case study of the research related to the rights of peaceful assembly
which Cambodia as the State party of this covenant. In the Art. 21 of the ICCPR
4
,
International Covenant on Civil and Political Rights, the right of peaceful
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assembly shall be recognized. No restrictions may be placed on the exercise of
this right other than those imposed in conformity with the law and which are
necessary in a democratic society in the interests of national security or public
safety, public order, the protection of public health or morals or the protection of
the rights and freedoms of others.

Furthermore, in the 1993 Constitution Art. 31 states 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, womens and childrens rights. 1993
Constitution Art. 37 reads The right to strike and to non-violent demonstration
shall be implemented in the framework of a law. 1993 Constitution Art. 41
stipulate Khmer citizens shall have freedom of expression, press, publication and
assembly.
5


According to Royal Kram No. NS/RKM/1209/025, the Law on Peaceful
Assembly (LPA)
6
as adopted by the National Assembly on October 21, 2009, Art.
11 stated that In case the competent municipal or provincial territorial authorities
have clear information indicating that the demonstration may cause danger or
would seriously jeopardize security, safety and public order, the municipal or
provincial territorial authorities shall immediately respond to and notify the filers
of the notification letter, so that they will have time to meet with local authorities
and other relevant authorities to discuss solutions.


4
The General Assembly of United Nations, International Covenant on Civil and
Political Rights, (United Nations, 1966)

5
The Constituent Assembly, the Constitution of the Kingdom of Cambodia,
(Phnom Penh: 1993)
6
The National Assembly, Royal Kram, No. !"/#$%/ 1209/ 025: Law on Peaceful
Assembly, (Phnom Penh: 2009)
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2009 LPA. Art. 12 reads Upon discussion, if both parties fail to reach an accord,
the competent municipal or provincial territorial authorities shall request the
Minister of Interior to provide a decisive opinion. 2009 LPA. Art. 14 [1]. (1)
continues at the freedom parks created appropriately in compliance with laws or
regulations, and where that peaceful assembly is to be conducted by a maximum
of two hundred (200) persons for each municipality or province.

We can see that in this article and the law itself didnt give the clear definition
about (a) what is clear information means and what component or substantive
or subject-matter to determine an action as the cause of danger and jeopardize
security, safety, public order; (b) How does the Ministry of Interior give
decisive opinion base on what whether on the subject-matter of the law or the
Ministrys political will or on the object-matter stated in the report of the
subordinate of the Ministry itself; (c) and a maximum of two hundred but what
if, if the citizen who want to protest or gather or assemble against State authority
or private entity reach beyond two hundred because LPA allows only two hundred
and didnt state clearly whether beyond two hundred will be considered as the act
of unlawful and have to be banned.

The reality in any society, mostly the citizen assembly is to protest against the
State authority whether because of bad or unaffordable public services and poor
governance or the act of the State authority to protect the interest of the private
entity which the citizen believe this act is against the general will of victim as a
particular group of citizen or in general and can cause damage or destroy the
interest of citizen. It defined as the demanding act against the protective State
authority. Therefore, many cases in general practices in Cambodia, the State
authority intends to block the will of assembly aiming against the authority
through not allowing the permission for gathering or assembly even other
provision of this law require the people to submit only a letter of notice informing
the authority about the assembly. All above legal reasoning showing that this
LPA, to some extent, against the constitutionality causes the loose of supremacy
of the constitution.


Pa!s!stra University of Cambodia The Supremacy of the Constitution 1993

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Furthermore, according to the CCHR, Cambodia Center for Human Rights
7
, is
concerned some vague language in the Demonstration Law could be interpreted
to enforce draconian limits on freedom of expression. Article 2 specifies that
peaceful assembly shall not be used abusively affecting the rights, freedoms, and
honor of others, good customs of the national society, public order and national
security. Some of these phrases could be subject to broad and subjective
interpretation.

Specifically, the phrase honor of others could potentially be interpreted to mean
any peaceful assembly protesting the actions of another. The implementation
guide for the Demonstration Law does not clarify these phrases, but does
emphasize authorities must have clear information an assembly will jeopardize
security, safety, or public order as grounds to stop it. The implementation guide
defines clear information as a comprehensive assessment of the substantive
evidence that the authority holds the absolute power on the assessment and
evidence. There is no other mean that the citizen can hold assembly lawfully, if
the authority said No. In this case, citizen is left no mean to justify their own
action and force himself or herself to assemble even though the law not allow
resulted in so-called Anarchic Group and suppressed by the police. Therefore,
both LPA and the implementation guide are likely to infringe on the right to
peaceful assembly (CCHR, 2011: 1).

The second case study related to the three current controversial draft laws aiming
for the Judicial System Reform Law on the Organization and Functioning of the
Supreme Council of Magistracy, Law on the Statute of Judges and Prosecutors,
and Law on the Organization of the Courts. In the law of SCM, there are many
controversial articles such as Art. 4, 5, 7, 8, 15, 20, 23, 25; as for the law on SJP
such as Art. 33; the law on OC such as art. 11 and 84. Due to the scope and
objective of the paper, I would like to examine and discuss only the Art. 4 of the
SCM, Art. 33 of the SJP, and art. 11 of the OC.
7
Cambodia Center for Human Rights, Green, Yellow, Red CCHR Law
Classification: Law on Peaceful Assembly, (CCHR, 2011) Volume: 2, p.1
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2014 Draft SCM
8
Art. 4 reads the Minister of Justice is a member of SCM, the
Lord of the Supreme Court also a member of the Supreme Council of Magistracy
and General Prosecutor also a member of the SCM. The objective of the Law on
SCM is to oversee and check the competence of the Ministry of Justice and the
court at all level. This law allowed the highest-ranking official in charge of the
executive work of the justice and court - Minister of Justice, Lord of Supreme
Court, and General Prosecutor are seated in the council. How can a doer or
practitioner or executive officer check his or her act because they will use their
discretion or will in the name of human being themselves which make them
unable to see their mistake and if there is mistake, they will ignore it because they
are also a part of the council which hold power to decide who right and wrong.
2014 Draft SJP
9
Art. 33 read the Promotion Committee to the Court: Secretary of
State is the president and Secretary-General of Supreme Council of Magistracy as
the secretary of the committee. Then again, we can see clearly that the appointed
high-ranking executive officer in the executive branch also appointed to charge
the high-level body in the judiciary branch. 2014 Draft OC
10
Art. 11 states
Ministry of Justice shall hold rights to oversee all the administrative of the court at
all level. Therefore, Art. 4, 33, and 11 written down against the 1993 Constitution
Art. 51 [5] reads The Legislative, Executive and the Judicial powers shall be
separate.
Furthermore, according to the UN Resolution 1989/32
11
, the General Assembly of
the United Nations invited governments to take into account the principles set
forth in Dr. Singhvis draft declaration in implementing the United Nations Basic
Principles on the Independence of the Judiciary, which had been approved in 1985

8
The Office of Council of Ministers, Law the Organization and Functioning of the
Supreme Council of Magistracy, (Phnom Penh: 2014)
9
The Office of Council of Ministers, Law on the Statute of Judges and Prosecutor,
(Phnom Penh: 2014)
10
The Office of Council of Minister, Law on the Organization of the Courts,
(Phnom Penh: 2014)

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The principle 14 of the declaration reads Promotion of a judge shall be based on
an objective assessment of the judge's integrity, independence, professional
competence, experience, humanity and commitment to uphold the rule of law. No
promotions shall be made from an improper motive. Cambodia is the Member
State of the United Nations. This is a declaration which is not binding and not
require Member State to ratify but this is the international declaration and the
principle is worldwide used.
On 10 December 1948, the Universal Declaration
12
of Human Rights was
proclaimed and adopted by the General Assembly stated in art. 10 that Everyone
is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any
criminal charge against him. In this article, the declaration stated clearly about
independent and impartial tribunal. In order to have independent and important
tribunal, there have to have independent court. In order to have independent court,
have to have the independent monitor to oversee the Ministry of Justice and the
Court which is in the hand of the Supreme Council of Magistracy. And if the
executive and judicial power composed of the same person, who will monitor
who.
1966 ICCPR
13
Art. 14 [1], which Cambodia also a State party, states that all
persons shall be equal before the courts and tribunals. In the determination of any
criminal charge against him, or of his rights and obligations in a suit at law,
everyone shall be entitled to a fair and public hearing by a competent, independent
and impartial tribunal established by law.

11
The Commission (UN-ECOSOC), Resolution 1989/32: Dr. Singhvi's draft
declaration in implementing the United Nations' Basic Principles on the
Independence of the Judiciary, (UN, 1985)
12
The General Assembly, the Universal Declaration of Human Rights, (UN, 1948)
13
The General Assembly of United Nations, International Covenant on Civil and
Political Rights, (United Nations, 1966)

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The Press and the public may be excluded from all or part of a trial for reasons of
morals, public order (ordre public) or national security in a democratic society, or
when the interest of the private lives of the parties so requires, or to the extent
strictly necessary in the opinion of the court in special circumstances where
publicity would prejudice the interests of justice; but any judgment rendered in a
criminal case or in a suit at law shall be made public except where the interest of
juvenile persons otherwise requires or the proceedings concern matrimonial
disputes or the guardianship of children.
Furthermore, these draft law drafted and written down against the many articles
stipulated in the Constitution
14
1993 Art. 51: (New) [5] reads The Legislative,
Executive, and the Judicial powers shall be separate; Art. 132: (Former 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; Art. 128:
(Former article 109) reads The Judicial power shall be an independent power; Art.
130: (Former article 111) states Judicial power shall not be granted to the
legislative or executive branches; Art. 134: (Former article 115) stipulates The
Supreme Council of the Magistracy shall be established by an organic law which
shall determine its composition and functions. 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 make proposals to the King on the appointment of judges and
prosecutors to all courts. The Supreme Council of the 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.





14
The Constituent Assembly, the Constitution of Kingdom of Cambodia,
(Cambodia: 1993)
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According to the Joint Statement
15
of the Civil Society, Index. ASA/004/2014
dated on 26 May 2014, on 22 and 23 May, the NA passed, in quick succession,
the Law on the Organization of the Courts, the Law on the Statute of Judges and
Prosecutors, and the Law on the Organization and Functioning of the Supreme
Council of the Magistracy. The bills will then be sent to the Senate for review, to
be followed by scrutiny by the countrys Constitutional Council.
The bills as drafted violate the separation of power and judicial independence
provided by Articles 51, 128 and 132 of the Constitution of Cambodia and
international law and standards in a number of important respects. In particular,
they contravene Article 14 [1] of the International Covenant on Civil and Political
Rights (ICCPR) that guarantees an independent and impartial tribunal, the United
Nations Basic Principles on Independence of Judiciary, the Singhvi Declaration
and the Beijing Statement of Principles.
In contravention of the Singhvi Declaration and the Beijing Statement of
Principles, the current bills give the Minister of Justice power to: control and
manage the administrative affairs of the courts and prosecutors including
regarding the budget and promotion or reassignment; act as the chief of the
prosecution and to issue orders to the prosecutions of all level of courts; determine
the number of judicial students; participate in recommending judicial promotions;
decide upon requests of government officials not trained as prosecutors to become
prosecutors; rule on requests by judges or prosecutors on leave to undertake
private transactions; appoint an inspection team to investigate alleged judicial
breaches of discipline; and oversee the establishment of disciplinary case files.
Further, according to Principle 8 of the United Nations Basic Principles on the
Independence of the Judiciary, judges are entitled to freedom of expression so
long as they conduct themselves in a manner that preserves the dignity of their
office and the independence of the judiciary.

15
ASA, Index: ASA 23/004/2014: Joint Statement Civil Society on Judicial
Reform Bills, (Phnom Penh: 2014)
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V. Methodology
Paper will use both primarily and secondary source via internet-based sources
including the course reading book with the 1993 Constitution as the sources for
the research writing. After collecting all sources, I conduct literature review on all
sources to find out the related part which able to respond the main question of the
research. Research paper uses qualitative method and empirical method to
examine the fact and finding.

VI. Facts and Findings
1993 Constitution Article 91
16
: (New) reads The Senate members, deputies and
the Prime Minister shall have the right to initiate legislation. German basic law
(Constitution) doesnt allow the chancellor to initiate the essential law. In
Cambodia, the constitution allows the Prime Minister to initiate organic law.
Politically, the will of politician differ from the general will of the citizen. People
demand good public services from the government through politician. The
politician wants to control power as long as they can through the government.
Therefore, the politician creates law to protect the power of their government
rather than the rights of the people.
From legal point of view, the constitution is the power of the people to limit the
power of the government. Parliamentarian elected by the people to protect the
constitution. By protecting the constitution means protect the people. But in case
of Cambodia, Prime Minister or the government can initiate any organic law he or
she wishes and wants. The power of initiating organic law of the Prime Minister
causes the loose of supremacy of the constitution.
1993 Constitution Article 28
17
: (New) [1] reads The King shall sign the law
(Kram) promulgating the Constitution and laws adopted by the National
Assembly and Senate, and sign decrees ( Kret ) presented by the Council of
Ministers.

16
The Constituent Assembly, the Constitution of Kingdom of Cambodia,
(Cambodia: 1993)
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No any provision in the constitution allow the King to have veto right not to ratify
any law and decree that King believe it harms the national independence,
sovereignty, territorial integrity of the Kingdom of Cambodia and rights and
freedom of all citizens which stipulated in article 8. Therefore, the King left no
choice beside ratifies whatever law and decree submitted by the government.
When the King has no veto right, it causes the loose of supremacy of the
constitution.
1993 Constitution Article 140
18
: (Former article 121) [1] reads The King , the
Prime Minister, the President of the Assembly, or 1/10 of the assembly members
and President of the Senate or 1/4 of the Senate members shall forward draft bills
already passed by the National Assembly to the Constitutional Council for
examination before their promulgation. This provision didnt give any power to
the Constitutional Council the right to order any law or decree or case to the
Council for examination. Art. 140. [2] states the Assembly and Senate Rules of
procedure and various organic laws shall be forwarded to the Constitutional
Council for examination, before their promulgation. The Constitutional Council
shall decide within no more than thirty days whether the above laws and the
Internal Rules of procedure of the Assembly and of the Senate are constitutional.
This article seems to mean that it is not a matter whether the Council examine the
receiving law or decree because after thirty days those sent law or decree will be
considered as constitutional.
1993 Constitution Article 141: (Former article 122) [1]. reads after a law is
promulgated, the King, the President of the Senate, the President of the Assembly,
the Prime Minister, 1/10 of the Senate members, 1/10 of the Assembly members
or the courts, may ask the Constitutional Council to examine the constitutionality
of that law.

17
The Constituent Assembly, the Constitution of Kingdom of Cambodia,
(Cambodia: 1993)
18
The Constituent Assembly, the Constitution of Kingdom of Cambodia,
(Cambodia: 1993)
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The constitution allow the Constitutional Council to examine any law which asked
by the King, the President of the Senate, the President of the Assembly, the Prime
Minister, 1/10 of the Senate members, 1/10 of the Assembly members or the
courts but didnt allow the Constitutional Council has right to initiate its own
examination and interpretation on any law which the Council believe that these
laws or decree drafted unconstitutionality. Therefore, when the Constitutional
Council has no right to initiate the examination on the law, it causes the loose of
the supremacy of the constitution by which law and degree drafted
unconstitutional on that regard.
According to the last revised on the Law on Election of Members of the National
Assembly (LEMNA)
19
and Amendments of Law on Election of Members of the
National Assembly, Article 5: [2] reads the electoral system shall be proportional
representation with provincial/municipal constituencies. This law not allows any
individual to run for office without Party that means everyone has to be on the list
of any political party and the voter can only vote for the Party but not the
candidate. Therefore, this law leave a hug authority of the Party over the
representative determining from who would be on the candidate list to who will be
appointed as the real representative which whoever is not necessarily. This article
causes the representative loose the power of their representativeness and loose of
the supremacy of the constitution because the representative hardly protect the
interest of their voter and even themselves.



18
The Constituent Assembly, the Constitution of Kingdom of Cambodia,
(Cambodia: 1993)
19
The National Assembly, LAW on Election of Members of the National
Assembly (LEMNA) and Amendments of Law on Election of Members of the
National Assembly, (Phnom Penh: last revised 2013)

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VII. Recommendation
Firstly, the article 91 in the constitution has to be amended not allow the Prime
Minister or the government has the power and right to initiate organic law. The
constitution has to state clearly that the power of initiating organic law is the
absolute power of the Legislative Branch and allow the Prime Minister or the
government only the power and right to issue the executive order or directive to
implement the organic law which passed by the legislative power effectively and
efficiency. By doing so, legislative can limit the power of the Prime Minister and
the Constitution is really protected.
Secondly, the article 28 in the constitution has to be amended to allow the King
has veto right to not ratify any law to ensure that the King can exercise His
Majesty stipulated in the article 8. But the constitution has to write clearly that the
King has only two times of veto rights. And if the King still dismiss any law or
decree in the third time, Lawmaker can use article 116 (New) which stated that
When necessary, the National Assembly and the Senate may hold a meeting
jointly as a Congress to solve major problem of the country as the legislative
power to override the veto right of the King.
Thirdly, the article 140 in the constitution has to be amended to allow
Constitutional Council not just receive the draft bills from the King, the President
of the Senate, the President of the Assembly, the Prime Minister, 1/10 of the
Senate members, 1/10 of the Assembly members or the courts but also the power
and right to order these bodies to submit, especially the royal decree (kram), royal
order (Kret), sub-decree, circular, prakas, notice so on and so forth which issued
under the royal palace and the house of the government both national and sub-
national administrative level for examination on the constitutionality.
Fourthly, the article 141 in the 1993 Constitution has to be amended to allow the
Constitutional Council the power and right to not only examine the draft bills that
asked by the King, the President of the Senate, the President of the Assembly, the
Prime Minister, 1/10 of the Senate members, 1/10 of the Assembly members or
the courts but also the right and power to initiate the examination on any drafted
bills that the Constitutional Council believe it was drafted unconstitutionality.
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Finally, the article 5 in the Law on Election of Members of the National Assembly
(LEMNA) and Amendments of Law on Election of Members of the National
Assembly has to be amended from the electoral system of the proportional
representation to the mixed electoral system proportional and individual (stand
no party). This system will allow the National Assembly full of dynamic,
diversified, independent and potential representative and allow the
parliamentarian exercise the representativeness fully to protect the constitution,
public interest and the interest of the citizen
VIII. Conclusion
The Constitution is coined and designed to determine the relationship between the
government and the people. The people create the constitution to limit the power
of the government, not allow the State abuse its power on other two branches
legislative and judiciary, not allow the State authorities violate the rights of the
citizen. The politician tries to interpret the constitution to create many organic
laws and orders aiming to protect the power of the government rather than
protecting the rights of its people.
To fulfill the duty and obligation, the Constitution has to have the power in itself
to oversee every aspects of the political life of a nation and its people. This power
is called supremacy. To have the supremacy, the constitution has to be amended
some article to allow the King has veto power in ratification, Constitutional
Council has power to order and initiate to examine the constitutionality, change
the electoral system to mixed proportional and individual, and not allow the
Prime Minister or the government to have power to initiate the organic law.
IX. References
1. 1993 Const. art. 150, para. 1. 2.
2. Hor Peng, Kong Phallack, Introduction to Cambodian Law 29 (Jorg Menzel
eds., Konrad Adenauer Stiftung 2012) (2012).
3. Hor Peng, Kong Phallack, Introduction to Cambodian Law 30 (Jorg Menzel
eds., Konrad Adenauer Stiftung 2012) (2012).
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4. 1966 International Covenant on Civil and Political Rights (ICCPR). art. 21,
para. 1.
5. 1993 Const. art. 31, 37, 41.
6. Royal Kram No. NS/RKM/1209/025, Law on Peaceful Assembly the National
Assembly art. 11, 12, 14., para. 2 (1), Dated October 21, 2009.
7. CCHR, Green, Yellow, Red CCHR Law Classification Series: Law on
Peaceful Assembly, 2.1 (2011).
8. Draft Law on the Organization and Functioning of the Supreme Council of
Magistracy art. 4, 5, 7, 8, 15, 20, 23, 25, 26, Dated 19 Apr. 2014.
9. Draft Law on the Statute of Judges and Prosecutor art. 33, Dated 19 Apr. 2014.
10. Draft Law on the Organization of the Courts art. 11, 84, Dated 19 Apr. 2014.
11. The Commission (UN-ECOSOC), Resolution 1989/32: the principles set forth
in Dr. Singhvi's draft declaration in implementing the United Nations' Basic
Principles on the Independence of the Judiciary, (UN: 1985)
12. The Universal Declaration of Human Rights (UDHR) art. 10 (10 Dec. 1948).
13. 1966 ICCPR (International Covenant on Civil and Political Rights) art. 14,
para. 1.
14. 1993 Const. art. 51, para. 5., art. 132, 128, 130, 134.
15. ASA, Index: ASA 23/004/2014: Joint Statement of Civil Society on Judicial
Reform Bills, (Phnom Penh, 26 May 2014).
16. 1993 Const. art. 91.
17. 1993 Const. art. 28, para. 1.
18. 1993 Const. art. 140, para. 1., art. 140, para. 2.
19. LAW on Election of Members of the National Assembly (LEMNA)
and Amendments of Law on Election of Members of the National Assembly and
its Amendments art. 5, para. 2. Dated Last Revised. Jan. 2013.