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Constitutions

Algeria Constitution ................................................................................................................................................ 2 Bahrain Constitution ............................................................................................................................................. 15 Egypt 1972 ............................................................................................................................................................ 27 Egypt 1980 Constitution. ...................................................................................................................................... 39 Iraq 1925 ............................................................................................................................................................... 47 Iraq 2005 ............................................................................................................................................................... 55 Lebanon 1926........................................................................................................................................................ 88 Lebanon 1990........................................................................................................................................................ 97 Libya - Constitution ............................................................................................................................................ 105 Morocco - Constitution ....................................................................................................................................... 108 Morocco 1996 ..................................................................................................................................................... 115 Palestine 1995 Draft Basic Law .......................................................................................................................... 122 Palestine 2003 Draft Permanent constitution ...................................................................................................... 130 Palestine 2002 Basic Law ................................................................................................................................... 146 Palestine 2003 Amended Basic Law................................................................................................................... 154 Palestine 2005 Amendments to Basic Law ......................................................................................................... 166 Saudi Arabia........................................................................................................................................................ 167 Tunisia................................................................................................................................................................. 173 UAE Constitution................................................................................................................................................ 180 Yemen ................................................................................................................................................................. 193

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Algeria Constitution
{ Adopted on: 19 Nov 1976 } { Amended on: 28 Nov 1996 } { Official name: The Constitution of the People's Democratic Republic of Algeria } { ICL Document Status: 28 Nov 1996 } { Editor's Note: The ICL edition was based on a text by the Algerian Constitutional Council. Because of the official character of the translation, the text has not even been changed where it disregards common terminology ('under-mentioned' instead of 'below'). However, paragraph numbers have been added throughout. Some article titles and crossreferences have been added. } In the Name of God the Merciful and the Compassionate Preamble The Algerian people are a free people, and decided to remain so. Its history is a long series of struggles which always made Algeria a land of freedom and dignity. Being at the heart of great events witnessed by the Mediterranean area throughout history, Algeria has found in her sons, since the Numid era and the Islamic epic and up to the wars of decolonization, the pioneers of freedom, unity and progress as well as builders of democratic and prosperous States during the periods of glory and peace. The 1st of November 1954 was a turning point for its destiny and a crowning for the tong resistance to aggressions carried out against its culture, its values and the fundamental components of its identity which are Islam, Arabity and Amazighity. Its current struggles are well rooted in the glorious past of the nation. Gathered in the national movement and later within the National Front of Liberation, the Algerian people have made great sacrifices in order to assume their collective destiny in the framework of recovered freedom and cultural identity and to build authentic people's democratic constitutional institutions. The National Front of Liberation crowned the sacrifices of the best sons of Algeria during the People's war of liberation with independence and built a modern and full sovereign State. The belief in the collective chokes allowed the people to achieve great successes, characterized by the recovery of the national resources and the building of a State exclusively for the benefit of the people and exercising freely its powers and without any external pressures. Having fought and still fighting for freedom and democracy, the Algerian people, by this Constitution, decided to build constitutional institutions based on the participation of any Algerian, man and woman, in the management of public affairs; and on the ability to achieve social Justice, equality and freedom for all. The Constitution is the concretisation of the People's genius, the reflection of their aspirations, the fruit of their determination and the product of the deep social changes.

Thus, in approving this Constitution, the People are, more than ever, decided to consider the law above everything. The Constitution is above all, it is the fundamental law which guarantees the individual and collective rights and liberties, protects the principle of the People 's free choke and gives the legitimacy to the exercise of powers. It helps to ensure the legal protection and the control of the public authorities in a society in which lawfulness and man's progress prevail in all its dimensions. Strong with their deeply rooted spiritual values and preserving their traditions of solidarity and justice, the people are confident in their ability to participate efficiently in the cultural, social and economic progress of the present and future world. Algeria, being a land of Islam, an integral part of the Great Maghreb, an Arab land, a Mediterranean and African country is proud of the radiance of its 1st of November Revolution and is honored by the respect the country gained and knew how to preserve it through its engagement towards the just causes in the world. The pride of the People, their sacrifices, their sense of responsibility and their ancestral attachment to freedom and to social justice are the best guaranty for the respect to this Constitution which they adopt and transmit to future generations, heirs of the freedom pioneers and the builders of free society. Part One General Principles Governing the Algerian Society Chapter I - Algeria Article 1 [Democracy, Republic] Algeria is a People's Democratic Republic. It is one and indivisible. Article 2 [State Religion] Islam is the religion of the State. Article 3 [Language] Arabic is the national and official language. Article 4 [Capital] The capital of the Republic is Algiers. Article 5 [Flag, Seal, Anthem] The national flag, the State seal and the national anthem are defined by the law. Chapter II - The People Article 6 [Popular Sovereignty] (1) The People are the source of any power. (2) The national sovereignty belongs exclusively to the People. Article 7 [Constituent Power, Referendum] (1) The constituent power belongs to the People. (2) The People exercise their sovereignty through institutions they set up. (3) The People exercise it by means of referendum and through the elected representatives.

Page 3 of 203 (4) The President of the Republic may resort directly to the expression of the People's will. Article 8 [Institutional Objectives] The People set up institutions having as objectives: - the safeguard and consolidation of the national independence; - the safeguard and consolidation of the national identity and unity; - the protection of fundamental liberties of the citizen and the social and cultural progress of the Nation; - the suppression of the exploitation of man by man; - the protection of the national economy from any form of embezzlement or misappropriation, illegitimate monopolizing or seizure. Article 9 [Institutional Prohibitions] The institutions are not allowed: - feudal, regionalist and nepotic practices; - setting up exploitation relationships and dependence links; - practices that are contrary to the Islamic ethics and to the values of the November Revolution. Article 10 [Representation] (1) The People choose freely their representatives. (2) The representation of the People has no limits except those defined by the Constitution and the electoral law. Chapter III - The State Article 11 [Legitimacy, Motto, Purpose] (1) The State takes its legitimacy and its raison d'etre from the People's will. (2) Its motto is "By the People and for the People". (3) It is exclusively for the service of the People. Article 12 [Sovereignty] (1) The sovereignty of the State is exercised on its terrestrial space, its air space, and its waters. (2) The State also exercises its sovereign right established by the international law on any of its various areas of the maritime space to which they belong. Article 13 [Territory] In any circumstances should a part of the national territory be abandoned or alienated. Article 14 [State Principles] (1) The State is based on the principles of democratic organization and of social justice. (2) The elected Assembly is the framework in which is expressed the people's will and the control of the public authorities is exercised. Article 15 [Communes] (1) The territorial collectivities of the State are the "Commune" and the "Wilaya". (2) The "Commune" is the basic collectivity. Article 16 [Decentralization] The elected assembly represents the basis of decentralization and a place of the citizens' participation in the management of public affairs. Article 17 [Public Property] (1) Public property belongs to the national collectivity. (2) It includes the underground, the mines and quarries, the natural resources of energy, the mineral, natural and living resources in the various national maritime areas, waters and forests. (3) It also includes rail, maritime and air transport, the mail and telecommunications as well as other properties defined by the law. Article 18 [National Properties] (1) The national properties are defined by the law. (2) They include public and private properties of the State, the "Wilaya" and the "Commune". (3) The management of the national properties is carried out in accordance with the law. Article 19 [External Trade] (1) The organization of external trade is the domain of the State only. (2) The law defines the conditions and control of external trade. Article 20 [Expropriation] (1) Expropriation can be carried out only within the framework of the law. (2) It gives right to a prior, just and fair compensation. Article 21 [Public Interest] The functions in the State institutions should neither be a source of wealth nor a means of being for the service of private interests. Article 22 [Abuse of Power] Power abuse is repressed by the law. Article 23 [Impartiality] The Administration's impartiality is guaranteed by the law. Article 24 [Security, Protection Abroad] The State is responsible for the security of persons and properties. It ensures the protection of every citizen abroad. Article 25 [Army] (1) The enhancement and the development of the defense capacity of the Nation are organized within the National People's Army. (2) The permanent task of the National People's Army is to safeguard the national independence and to defend the national sovereignty. (3) It ensures the defense of the country's unity and the territorial integrity as well as the protection of its terrestrial and air space, and the various areas of its maritime space. Article 26 [War] (1) Algeria does not resort to war in order to undermine the legitimate sovereignty and the freedom of other peoples. (2) It puts forth its

Page 4 of 203 efforts to settle international disputes through peaceful means. Article 27 [Liberation, Self-Determination] Algeria associates itself with all the peoples fighting for their political and economic liberation, for the right of self determination and against any racial discrimination. Article 28 [International Cooperation] Algeria works for the reinforcement of international cooperation and to the development of friendly relations among States, on equal basis, mutual interest and non interference in the internal affairs. It endorses the principles and objectives of the United Nations Charter. Chapter IV - Rights and Liberties Article 29 [Equality Before the Law, No Discrimination] All citizens are equal before the law. No discrimination shall prevail because of bind, race, sex, opinion or any other personal or social condition or circumstance. Article 30 [Citizenship] (1) The Algerian nationality is defined by the law. (2) Conditions for acquiring, keeping, losing or forfeiture of the Algerian nationality are defined by the law. Article 31 [Equality] The aim of the institutions is to ensure equality of rights and duties of all citizens, men and women, by removing the obstacles which hinder the progress of human beings and impede the effective participation of all in the political, economic, social and cultural life. Article 32 [Fundamental Rights and Liberties] The fundamental human and citizen's rights and liberties are guaranteed. They are a common heritage of all Algerians, men and women, whose duty is to transmit it from generation to another in order to preserve it and keep it inviolable. Article 33 [Protection of Rights] Individual or associative defense of the fundamental human rights and individual and collective liberties is guaranteed. Article 34 [Personal Integrity, Human Dignity] (1) The State guarantees the inviolability of the human entity. (2) Any form of physical or moral violence or breach of dignity is forbidden. Article 35 [Repression of Infringements] Infringements committed against rights and libel ties and violations of physical or moral integrity of a human being are repressed by the law. Article 36 [Creed, Opinion] Freedom of creed and opinion is inviolable. Article 37 [Trade, Industry] Freedom of trade and industry is guaranteed, it is carried out within the framework of the law. Article 38 [Intellectual, Artistic, Scientific Innovation, Copyright] (1) Freedom of intellectual, artistic and scientific innovation is guaranteed to the citizen. (2) Copyrights are protected by the law. (3) The seizure of any publication, recording or any other means of communication acid information can only be done in pursuance of a warrant. Article 39 [Privacy, Secrecy of Communication] (1) The private life and the honour of the citizen are inviolable and protected by the law. (2) The secrecy of private correspondence and communication, in any form, is guaranteed. Article 40 [Home] The State guarantees home inviolability. No thorough search can be allowed unless in pursuance of the law and in compliance with the latter. The thorough search can only be in pursuance of a search warrant emanating from the competent judicial authority. Article 41 [Expression, Association, Meeting] Freedom of expression, association and meeting are guaranteed to the citizen. Article 42 [Political Parties, Restrictions] (1) The right to create political parties is recognized and guaranteed. (2) However, this right cannot be used to violate the fundamental liberties, the fundamental values and components of the national identity, the national unity, the security and the integrity of the national territory, the independence of the country and the People's sovereignty as well as the democratic and Republican nature of the State. (3) In respect to the provisions of the present Constitution, the political parties cannot be founded on religious, linguistic, racial, sex, corporatist or regional basis. The political parties cannot resort to partisan propaganda on the elements mentioned in the previous paragraph. (4) Any obedience, in any form of the political parties to foreign interests or parties is forbidden. (5) No political party can resort to any form of any nature of violence or constraint. (6) Other obligations and duties are prescribed by the law. Article 43 [Associations] (1) The right to create associations is guaranteed. (2) The State encourages the development of associative movement. (3) The law defines the conditions and clauses of the creation of associations. Article 44 [Moving, Dwelling, Entry, Exit] (1) Any citizen enjoying his civil and political rights has the right to choose freely his place of dwelling and to move on the national territory. (2) The right of entry and exit from the national territory is guaranteed. Article 45 [Innocence]

fulfill his obligations towards the national community. (2) The right to inherit is guaranteed. (2) The person held in custody has the right to be immediately in contact with his family. (4) The State ensures the equal access to education and professional training. Article 62 [Civil Duties] (1) Every citizen should. (2) The right for protection security and hygiene at work is guaranteed by the law. (2) Every person should abide by the Constitution and comply with the laws of the Republic. Article 63 [Duty to Respect Rights] All the individual liberties are carried out within the respect of the rights of others recognized by the Constitution. Article 50 [Electora Rights] Any citizen fulfilling the legal conditions can elect and be elected. spying. (2) The commitment of every citizen towards the Mother Country and the obligation to contribute to its defense are sacred and permanent duties. it is compulsory to proceed to a medical examination of the person detained if this latter asks for it. (4) No tax. Article 47 [Rule of Law] None can be pursued. Article 59 [Youths] The living conditions of the citizens under the age of working or those unable or can never be able to work are guaranteed. only within the conditions established by the law. (2) Treason. Article 46 [nulla poena sine lege] None is guilty unless it is in accordance with a promulgated law prior to the incriminated action. exceptionally. Article 52 [Property] (1) Private property is guaranteed. Article 55 [Work] (1) All citizens have right for work. . Article 51 [Equal Access to Offices] Equal access to functions and positions in the State is guaranteed to all citizens without any other conditions except those defined by the law. Article 54 [Healthcare] (1) All citizens have the right for the protection of their health. Article 58 [Family] The family gains protection from the State and the society. Custody] (1) In the field of penal investigation. Article 53 [Education] (1) The right for education is guaranteed. intimacy and the protection of the family. (3) The extension of the period of custody can occur. in particular. Article 64 [Taxes] (1) The citizens are equals before the taxes. Article 57 [Strike] (1) The right to strike is recognized. Article 56 [Unions] The trade union right is recognized to all citizens. loyally. the memory of the "chouhada" and the dignity of their rightfuls. the respect of the right for honour. (3) The State guarantees the respect of the symbols of the Revolution. (3) The "Wakf" properties and the foundations are recognized. The law determines the conditions and modes of compensation.Page 5 of 203 Any person is presumed not guilty until his culpability is established by a regular jurisdiction with all the guarantees required by the law. contribution or duty of any nature can be laid down with a retrospective effect. their intended purpose is protected by the law. obedience to the enemy as well as all the infringements committed against the State security are severely repressed by the law. Article 48 [Arrest. (3) No taxes can be laid down unless in accordance with the law. (3) The right to rest is guaranteed. (4) At the expiry of the period of custody. this person is informed of this right. Article 61 [Duty to Protect Independence] (1) The duty of every citizen is to protect and safeguard the independence of the country and the integrity of its national territory as well as all the symbols of the State. in accordance with his contributory capacity. it is carried out within the framework of the law. and in any cases. (2) The State ensures the prevention and the fight of endemics and epidemics. (2) The law may forbid or limit the strike in the field of national defense and security or in any public service or activity of vital interest for the community. Education is free within the conditions defined by the law. and the "moudjahidine". Article 65 [Parents] The law sanctions the duty of parents in the education and protection of their children as well as the duty of the children in helping and assisting their parents. the law defines the relevant clauses. (2) Everyone should participate in financing the public expenses. the youth and childhood. arrested or detained unless within the cases defined by the law and in accordance with the forms prescribed. (3) The State organizes the educational system. Article 60 [Duty to Obey Laws] (1) Ignorance of the law is no excuse. Article 49 [Miscarriage of Justice] Miscarriage of justice leads to compensation by the State. custody is under judiciary control and cannot exceed forty-eight (48) hours. (2) Fundamental education is compulsory.

the "walis". (2) The President of the Republic can be reelected once only. the unity of the people and the nation. he signs the presidential decrees. 3. (2) He embodies the State within the country and abroad.justify the non-involvement of the parents of the candidate born after July 1942.be a Muslim. 4.have. . 9. . upon him by other provisions of the Constitution the President of the Republic has the following powers and prerogatives: 1. he can refer to the People through a referendum on any issue of national importance. 7. high officials of security bodies. Article 72 The President of the Republic exercises the supreme magistracy within the limits defined by the Constitution. Article 78 (1) The President of the Republic appoints: 1. Article 73 (1) To be eligible to the Presidency of the Republic. explicitly. Part Two Organization of Powers Chapter I .The Executive Power Article 70 (1) The President of the Republic. to State civil and military posts. he decides and conducts the foreign policy of the Nation." Article 77 In addition to the powers bestowed.be more than forty (40) years-old the day of the election. respect the free choice of the people as well as the institutions and laws of the Republic. the Magistrates.enjoy full civil and political rights. . the President of the Council of State. the candidate should: . Article 74 (1) The duration of the presidential mandate is five (5) years. (3) The other modes of presidential election are defined by the law. a political refugee having legally the right of asylum can be delivered or extradited. embodies the unity of the Nation. Article 71 (1) The President of the Republic is elected by direct. I do solemnly swear by God the almighty that I will respect and glorify the Islamic religion. Article 75 (1) The President of the Republic takes an oath before the People and in the presence of the high authorities of the Nation. He receives the credentials and the letters of recall of foreign diplomatic representatives. work for the development and progress of the people and put all my strength to the achievement of the great ideals of justice. secret and universal suffrage. he appoints the Head of Government and puts an end to his functions. Article 69 [Political Refugees.submit a public declaration of his personal and real estate existing either within Algeria or abroad. 6. 6. (2) He enters into of lice after taking the Oath. . in actions hostile to the 1st of November 1954 Revolution. the Secretary General of the Government. he presides the Cabinet. to nominations decided in the Cabinet. . Article 67 [Rights of Foreigners] Any foreigner being legally on the national territory enjoys the protection of his person and his properties by the law. (2) Other conditions are prescribed by the law. (2) The election acquired through the absolute majority of the expressed votes. he is the Supreme Chief of all the Armed Forces of the Republic. he is responsible for the National Defense. Head of the State. decorations and honorific titles. preserve the integrity of the national territory. (3) He addresses the Nation directly. protect the fundamental human and citizen's rights and liberties. 4. (2) The President of the Republic appoints and recalls the ambassadors and the special envoys of the Republic abroad. he has the right of pardon. Article 68 [Extradition] None can be extradited unless in accordance and in implementation of the extradition law. 5. the Governor of the Bank of Algeria. He is the guarantor of the Constitution. Article 79 . 9. defend the Constitution. 10. Article 76 The President of the Republic takes the Oath in the following terms: "In the Name of God the Merciful and the Compassionate Faithful to the great sacrifices and to the memory of our martyrs as well as to the ideals of the eternal November Revolution.justify his participation in the 1st of November 1954 Revolution for the candidates born before July 1942. Asylum] In no case. 8. he concludes and ratifies international treaties. see to the continuity of the State and provide the necessary conditions for the normal functioning of the reinforcement of the democratic process. . 8. 2. remission or commutation of punishment. solely. to posts and mandates provided by the Constitution: 2.Page 6 of 203 Article 66 [Duty to Protect Public Property] The duty of every citizen is to protect the public property and the interests of the national community and to respect the property of others.prove the Algerian nationality of the spouse. freedom and peace in the world. 7. God is my witness. in the week following his election. 5. he awards State medals. 3. the Algerian nationality by origin. .

In this case. Article 88 (1) If the President of the Republic. he sees to the execution of laws and rules. because of serious and long-lasting illness. 124. thus designated.Page 7 of 203 (1) The Head of Government presents the members of the Government he chose to the President of the Republic who appoints them. during which presidential elections are organized. 2. (6) The President of the Council of Nation assumes the charge of Head of State for a maximum period of sixty (60) days. the Head of Government exercises the following functions: 1. (2) The Head of Government establishes a programme and submits it to the Cabinet. Article 87 (1) The President of the Republic cannot. (2) Moreover. the Constitutional council meets de jure and ascertain. Article 81 In case of non approval of his programme by the People's National Assembly. (4) It may also lead the People's National Assembly to bring in a vote of censure. (3) The Head of Government addresses a communication on his programme to the Council of Nation. in any cases. (4) In case of resignation or death of the President of the Republic. before accepting the resignation. 4. 78. 6. (2) The Parliament sitting. to the Parliament to declare the state of impediment. (7) The Government may also present a general policy declaration to the Council of Nation.five (45) days period. happens to be in the impossibility to carry out his functions. he distributes the functions among the members of the Government in accordance with the provisions of the Constitution. in accordance with the provisions of Articles 135. the permanent vacancy of the Presidency of the Republic and the impediment of the President of the Council of Nation. (7) The Head of State. the Head of Government presents the resignation of his Government to the President of the Republic. communicates the permanent vacancy declaration act to the Parliament which meets de jure. to implement the provisions of Articles 77. cannot be candidate to the Presidency of the Republic. the President of the Republic may. If the motion of confidence is not voted. he sees to the best functioning of the public administration. 127 and 128 of the Constitution. Article 80 (1) The Head of Government submits his programme for approval to the People's National Assembly. he cannot delegate his power to resort to referendum. he appoints to state offices. (3) This debate may end up with a resolution. 91. in both chambers convened together. unanimously. the Constitutional Council meets de jure. This latter appoints again a Head of Government in accordance with the same modes. as well as the presidents and members of constitutional institutions for whom another mode of designation is not provided by the Constitution. use the provisions of Article 129 under-mentioned. declares the state of impediment of the President of the Republic. Article 85 In addition to the powers bestowed upon him explicitly by other provisions of the Constitution. 136 and 137 under-mentioned. to dissolve the People's National Assembly. with a majority of two-thirds (2/3) of its members and charges the President of the Council of Nation. he presides the Council of Government. (6) In this case. Article 82 (1) If the People's National Assembly's approval is not obtained. to stand for the Head of State by interim for a maximum period of forty five (45) days and carry out his prerogatives in accordance with the provisions of Article 90 of the Constitution. Article 83 The Head of Government executes and coordinates the programme adopted by the People's National Assembly. Article 86 The Head of Government may present to the President of the Republic the resignation of his Government. 97. 5. (4) The Council of Nation may issue a resolution. 93 to 95. (2) The Government in office is kept in position in order to manage daily affairs until the election of a new People's National Assembly within a maximum period of three (3) months. he signs executive decrees. for this purpose. (8) In case the resignation or the death of the President of the Republic comes in conjunction with the vacancy of the Presidency of the Council of Nation whatever the cause may be. proposes. without prejudice to the provisions of Articles 77 and 78 above mentioned. (5) The Head of Government may ask the People's National Assembly a vote of confidence. the Head of Government presents the resignation of his Government. Article 84 (1) The Government presents each year a general policy declaration to the People's National Assembly. the members of the Government. and after having verified the reality of the impediment by the appropriate means. the Constitutional Council meets de jure and ascertains the permanent vacancy of the Presidency of the Republic. (2) The general policy declaration is followed by a debate on the action of the Government. (5) It. (2) The Head of Government may adapt his programme in the light of this debate. (3) If the impediment continues at the expiry of the forty. a general debate. delegate the power to appoint the Head of Government. to decide on anticipated legislative elections. the President of the Constitutional Council assumes the function of the Head of State in accordance with the conditions defined in the preceding . 3. unanimously. This latter opens. immediately. a declaration of vacancy by resignation de jure is made in accordance with the procedure mentioned in the above paragraphs and the provisions of the following paragraph of the present Article. the People's National Assembly is dissolved de jure.

the function of the Head of State within the conditions provided for above. Article 89 (1) When one of the candidates of the second round of the presidential elections dies. (2) Such a measure is taken after referring to the President of the People's National Assembly. is carried out by the People's National Assembly. 84. Article 100 . Article 91 (1) In case of urgent necessity. the Head of Government and the President of the Republic decrees the state of emergency or the stat of siege. the High Security Council heard. the President of the Council of Nation. the President of the Council of Nation assumes. to its independence or to its territorial integrity. the President of the People's National Assembly and the President of the Council of Nation referred to. provided for in Articles 135 to 137 of the Constitution. 97 of the Constitution cannot be implemented unless the Parliament sitting in both cambers convened together gives its approval. the provisions of Articles 91. it is extended de jure until the end of the war. He submits the latter immediately to be approved explicitly by each of the two chambers of the Parliament. (2) The parliament meets de jure. Article 97 (1) The President of the Republic signs armistice agreements and peace treaties. is candidate for the Presidency of the Republic. for a definite period and takes all the necessary measures to restore the situation. (3) The organic law will determine the conditions and modes of implementing the present provisions. The state of exception mentioned above and which led to its proclamation. Article 93 (1) When the country is threatened by an impending danger to its institutions. (2) In the case the Head of Government in office. consisting of two chambers. (2) The duration of the state of emergency or the state of siege cannot be extended unless with the approval of the parliament sitting in both chambers convened together. (3) The state of exception entitles the President of the Republic to take exceptional measures dictated by the safeguard of the independence of the Nation and the institutions of the Republic. Article 95 (1) The Cabinet met. 177 of the Constitution cannot be implemented. Article 90 (1) The Government in office at the time of the impediment. Article 94 The High Security Council heard. as Head of State and within the same conditions as that of the President of the Republic. the High Security Council convened. Chapter II . the provisions in the paragraphs 7 and 8 of Article 77 and the Articles 79. (2) In this case. the President of the Republic assumes all the powers. withdraws or is hindered for any reason. 174. The Parliament is sovereign to elaborate and vote the law. (3) In case the President of the Republic resigns or dies or any other impediment. Article 96 (1) During the period of the state of war. the President of the Republic declares war in case of effective or impending aggression in accordance with the relevant provisions of the United Nations Charter. (4) The Parliament meets de jure. Article 92 The organization of the state of emergency and the sate of siege is defined by an organic law. the People's National Assembly and the Council of Nation. 94. Article 99 (1) The parliament controls the action of the Government within the conditions defined by Articles 80. the President of the Republic in office or who assumes the function of Head of State remains in of lice until the proclamation of the election of the President of the Republic. (3) During the periods of forty five (45) days and sixty (60) days provided for by Articles 88 and 89. all the prerogatives required by the state of war. 95. the Constitutional Council extends the period of organizing the election for a maximum period of sixty (60) days. and hearing the High Security Council and the Cabinet. the President of the Republic decrees the general mobilization during the meeting of the Cabinet. he resigns de jure. 176. the death or the resignation of the President of the Republic cannot be resigned or re shuffled until the new President of the Republic comes into office. the President of the People's National Assembly and the President of the Council of Nation referred to. the President of the People's National Assembly. (2) When the mandate of the President of the Republic comes to expiry. the President of the Constitutional Council assumes. The function of Head of Government is assumed by a member of the Government appointed by the Head of State. The President of the Republic addresses a message informing the Nation. I le cannot be candidate for the Presidency of the Republic. the President of the Council of Nation and the Constitutional Council. In case there is a conjunction of the vacancy of the Presidency of the Republic and the Presidency of the Council of Nation. the Constitution is suspended. (4) During these same periods. 129. the Constitutional Council and the High Security Council referred to before. the President of the Republic decrees the state of exception.The Legislative Power Article 98 The legislative power is exercised by a parliament. 93. (2) The control. 137. 124. (2) He receives the opinion of the Constitutional Council on the relevant agreements.Page 8 of 203 paragraphs of the present Article and Article 90 of the Constitution. 136. 133 and 134 of the Constitution.

(2) The informed bureau may ask the suspension of lawsuits and the liberation of the deputy or the member of the Council of Nation. arrest. professional. by the majority of its members without prejudice to any other common law lawsuits. within its constitutional attributions. Article 111 (1) In case of flagrant infringement or flagrant crime. is informed immediately. the conditions of eligibility. the deputy or the member of the Council of Nation may be arrested. This situation is ascertained by a decision of the Parliament. Article 107 (1) The deputy or the member of the Council of Nation commits himself before his peers who can revoke his mandate if he commits a shameful action for his mission. (2) The internal rules of each of the two chambers define the conditions of excluding a deputy or a member of the Council of Nation. it will then be proceeded according to the provisions of Article 110 above mentioned. economic and social fields. Article 101 (1) The members of the People's National Assembly are elected by means of a universal direct and secret suffrage. Article 105 The mandate of the deputy and the member of the Council of Nation is national. under the chairmanship of the oldest member assisted by the two youngest deputes. Article 106 (1) The deputy or the member of the Council of Nation who does not fulfill or does not fulfill any more the conditions of his eligibility incurs the forfeiture of his mandate. (2) Two-thirds (2/3) of the members of the Council of Nation are elected by means of indirect and secret suffrage among and by the members of the People's Communal Assemblies and the People's Malaya Assembly. of the members of the People's National Assembly. (4) The mandate of the Parliament cannot be extended unless there are very exceptional circumstances which hinder the normal progress of elections. Article 108 The conditions by which the Parliament accepts the resignation of one of its members are defined by an organic Article 109 (1) Parliamentary immunity is recognized to deputies and members of the Council of Nation during the period of their mandate. Article 104 The validation of the mandate of the deputies and that of the members of the Council of Nation comes within the respective competence of each of the two chambers. the rules of ineligibility and incompatibility are defined by an organic law. (2) They cannot be subject to lawsuits. The President of the Council of Nation is elected after each partial renewal of the members of the Council. utterances they maple or votes they gave during the exercise of their mandate. sitting in both chambers convened together. (2) This forfeiture is decided according to the case by the People's National Assembly or the Council of Nation by the majority of their members. (2) The mandate of the Council of Nation is limited to six (06) years.Page 9 of 203 The Parliament should. The above mentioned provisions are applied to the Council of Nation. (3) Half the members of the Council of Nation is renewed every three (03) years. Article 112 An organic law defines the conditions for the replacement of a deputy or a member of the Council of Nation in case there is vacancy of his seat. to any civil or penal action or pressure because of opinions they expressed. or in general. (5) The modes of implementing paragraph 2 above mentioned are defined by the law. Article 114 The President of the People's Assembly is elected for the term of the legislative body. . cultural. Article 103 The modes for the election of deputies and those concerning the election or the appointment of members of the Council of Nation. Article 102 (1) The People's National Assembly is elected for a period of five (05) years. The exclusion is decided according to the case by the People's National Assembly or the Council of Nation. (2) The People's National Assembly elects its bureau and forms its committees. following a proposal of the President of the Republic and the Constitutional Council referred to. remain faithful tot he trust of the people and be permanently aware of their aspirations. It can be renewed and not concurrent with other mandate or function. The bureau of the People's National Assembly or of the Council of Nation. (4) The number of members of the Council of Nation is equal to the half. Article 110 Lawsuits cannot be instituted against a deputy or a member of the Council of Nation for crime or infringement unless there is an explicit renunciation of the concerned or an authorization according to the case from the People's National Assembly or the Council of Nation which decides by the majority of its members to lift the immunity. Article 113 (1) The term of the legislative body begins de jure the tenth day following the date of the election of the People's National Assembly. (3) One third (1/3) of the members of the Council of Nation is designated by the President of the Republic among the national personalities and qualified persons in the scientific. depending on the case. to the utmost.

general rules related to the protection of the fauna and the flora. Article 118 (1) The Parliament meets in two ordinary sessions a year. (2) To be admissible. general rules concerning personal statute and the family status and. general rules related to environment. 3. by the majority of their members present or by the Head of Government. (2) The discussion of draft laws or law proposals by the People's National Assembly concerns the text which is presented to it. 9. affiliation. the text is withdrawn. (3) The Council of Nation deliberates the text voted by the People's National Assembly and adopts it by the majority of three quarters (3/4) of its members. (5) This text is submitted by the Head of Government to be adopted by the two chambers and cannot be amended unless with the agreement of the Government. 17. general rules related to teaching and Scientific Research. 4. in particular. any draft law or law proposal should be debated successively by the People's National Assembly and the Council of Nation. general rules of penal law and penal procedures. 23. territorial allotment of the country. contributions and duties of any nature. 11. corresponding savings in other items of public expenses. general rules related to work law. 25. (3) The People's National Assembly and the Council of Nation elaborate and adopt their internal rules. basic legislation concerning the Nationality. at least. divorce. rules of civil. proposed laws are brought in by twenty (20) deputes. 6. living space and land management. 2. trade and property obligations. extradition and the penitentiary system. 15. general rules related to public health and population. general regulation for forests and grazing lands. customs regulations. . marriage. in particular. 12. land regulation. the safeguard of individual liberties and the obligations of the citizens. (7) The Parliament adopts the financial law within a period of seventy five-(75) days at the utmost from the date it was submitted in accordance with the preceding paragraphs. Article 121 Is inadmissible any law proposal which leads to or the subject of which is to reduce public resources or increase public expenses unless it is accompanied by measures aiming at increasing the State income or making. 16. money issuing regulations and bank. 8. 20. adopting the national plan. 24. setting up tax base and rate. general regulation for mines and hydrocarbons. social security and to the exercise of trade union right. (3) The People's National Assembly and the Council of Nation may sit in camera upon a request made by their presidents. Article 116 (1) The sittings of the Parliament are public. and in particular. amnesty. 10. Article 122 The Parliament legislates in the domains which the Constitution assigned to it. as well as the following domains: 1. (8) In case it was not adopted in the time limit the President of the Republic promulgates the draft text of the Government by ordinance. rules related to the judiciary organization and to the setting up of jurisdictions. (4) The closure of the extraordinary session comes after the Parliament has exhausted the agenda for which it was convened. protection and safeguard of cultural and historic heritage. 13. general rules related to the condition of the foreigners. 14. general rules of civil procedure and execution means. Article 117 The People's National Assembly and the Council of Nation set up permanent committees in the framework of their internal rules. the institution of corresponding punishments of any nature. credit and insurance rules. general regulation for water. (9) Other procedures are defined by the organic law mentioned in Article 115 of the Constitution. (2) The budget of the chambers as well as the salaries of the deputies and the members of the Council of Nation are defined by the law. 7. fundamental rights and duties of the individuals. voting the State budget.Page 10 of 203 Article 115 (1) The organization and the functioning of the People's National Assembly and the Council of Nation as well as the functional relations between the chambers of the Parliament and the Government are defined by an organic law. Article 120 (1) To be adopted. (4) In case there is a disagreement between the two chambers. (3) The President of the Republic can hold a meeting of the Parliament on a request made by the Head of Government or by the two thirds (2/3) of the members of the People's National Assembly. 18. the rules of public liberties. capacity and inheritance. 19. the determination of crimes and infringements. conditions of individual's establishment. 5. (2) The Parliament may hold a meeting in an extraordinary session on the initiative of the President of the Republic. a committee of equal representation of the two chambers meets on a request of the Head of Government to propose a text on the provisions subject of the disagreement. (2) The proceedings are recorded in a book and published in accordance with the conditions defined by an organic law. (6) In case the disagreement persists. Article 119 (1) The Head of Government and the deputies have the right to initiate laws. (3) Draft laws are presented in the Cabinet following the opinion of the Council of State then submitted to the bureau of the People's National Assembly by the Head of Government. 21. each lasting a minimum period of four (04) months. 22.

. Article 131 Armistice agreements. Article 129 (1) The President of the People's National Assembly. 28. (3) It is submitted to the Constitutional Council for a conformity control before its promulgation. the fundamental guaranties granted to civil servants and the general statute of civil service. peace. Article 135 (1) In debating the general policy declaration. (2) However.the law related to information. (2) Answers to written questions should be in written form within a maximum time limit of thirty (30) days. (4) If one of the two chambers considers that oral or written answers of a member of the Government justifies a debate. the President of the Republic may decide the dissolution of the People's National Assembly or the Organization of anticipated general elections. Article 126 (1) The law is promulgated by the President of the Republic within thirty (30) days from the date of handing it over. (2) The President of the Republic submits the texts he enacted to be approved by each of the two chambers of the Parliament in its next session.organization and functioning of public powers. in that case. 27. Article 134 (1) Members of the Parliament may address orally or in a written form any question to any member of the Government.the outline law of financial laws. with a resolution. alliance and union treaties. (2) In this case. (5) The questions and answers are published in accordance with the same conditions as those of the minute of proceedings of the Parliament's debates. (2) The organic law is adopted by the absolute majority of the deputies and the majority of three quarters (3/4) of the members of the Council of Nation. general rules related to National Defense and the use of armed forces by civil authorities. the creation of types of establishments. . distinctions and honorific titles. . referred to. (2) The debate may end up. Article 128 The President of the Republic may address a message to the Parliament. Article 133 (1) Members of the Parliament may call upon the Government on a topical issue. the Parliament legislates through organic laws in the following fields: . . (2) The implementation of laws is the domain of the Head of Government. rules of property transfer from the public sector to the private sector. the Head of Government.Page 11 of 203 26. this latter is opened in accordance with the conditions provided for by the rules of procedure of People's National Assembly and the Council of Nation. Article 124 (1) The President of the Republic can legislate by ordinance in case there is a vacancy of the People's National Assembly or in the inter-sessions periods of the Parliament. (3) The ordinances not adopted by the Parliament are void. this time limit is suspended until the Constitutional Council expresses its opinion is accordance with the conditions defined by Article 167 under-mentioned.the law pertaining to national security. treaties related to State borders as well as treaties involving expenses not provided for in the State budget are ratified by the President of the Republic following an explicit approval by each of the chambers of the Parliament. the People's National Assembly may sue the Government's responsibility through voting a motion of censure. before the promulgation of the law. (4) The President of the Republic may legislate by ordinance in case of a state of exception defined by Article 93 of the Constitution. Article 132 Treaties ratified by the President of the Republic in accordance with the conditions provided for by the Constitution are superior to the law. . Article 125 (1) The President of the Republic exercises the powers pertaining to regulations for matters other than those intended to the law. of the Parliament sitting in both chambers convened together. 29. 30.electoral regulation. which will be sent to the President of the Republic. instituting State medals. the majority of two third (2/3) of the deputies of the People's National Assembly is required for the law to be adopted. (3) Answers to oral questions are given in session. Article 127 (1) The President of the Republic may request a second reading of the voted law within thirty (30) days following its adoption. . . general elections are held within a maximum time limit of three (03) months.the statute of magistracy and judiciary organization. Article 123 (1) In addition to the domains intended to the organic laws by the Constitution.the law pertaining to political parties. when the Constitutional Council is called upon by one of the authorities mentioned in Article 166 undermentioned. (2) The committees of the Parliament may hear the members of Government. Article 130 (1) The Parliament may open a debate on foreign policy upon a request made by the President of the Republic or one of the presidents of the two chambers. the President of the Council of Nation. (5) The ordinances are taken in a meeting of the Cabinet. (2) In the two cases.

Article 142 Punishments should comply with the principles of lawfulness and individuality. (2) The composition. Article 144 Justice decisions are justified and pronounced in public hearing. interventions or maneuvers which prejudice his mission or the respect of his free will. one seventh (1/7) of the number of deputies. They can be assisted by People's assessors in accordance with the conditions defined by the law. the Head of Government submits the resignation of his Government to the President of the Republic. Article 141 Justice dispensed on behalf of the People. . at least. Article 155 (1) The High Council of Magistracy decides. Article 153 The organization. It is exercised within the framework of the law. Article 136 (1) The motion of censure should be approved by the majority of two third (2/3) of the deputies. the functioning and other attributions of the High Court. Article 157 The composition. with crimes and infringements committed by the Head of Government during their of office. (4) A Tribunal of Conflicts is instituted to settle conflicts of competency between the High Court and the Council of State.Page 12 of 203 (2) Such a motion is admissible only if it was signed by. Article 150 The law protects the justiciable against any abuse or deviation the judge. (2) The vote occurs only three days after the motion of censure is brought in. Article 145 All the qualified State bodies should ensure. within the conditions defined by the law. Article 140 (1) Justice is founded on the principles of lawfulness and equality. It guarantees. Article 146 Justice is pronounced by magistrates. Article 158 (1) A High Court of State is instituted to deal with actions that can be qualified of high treason committed by the President of the Republic. transfer and the progress of the magistrate's careers. the functioning and the other prerogatives of the High Council of Magistracy are defined by an organic law. Article 154 The High Council of Magistracy is presided by the President of the Republic. (2) A Council of State is instituted as a regulating body of activities of the administrative jurisdictions. it is guaranteed. to all and to everyone. in any place and in any circumstances. Article 147 The judge obeys to the law only. Chapter III . the appointment. Article 152 (1) The High Court is the regulating body of the activities of the courts and tribunals. Article 156 The High Council of Magistracy gives a prior consultative opinion to the exercise of the right of free pardon by the President of the Republic. the execution of justice decisions. Article 151 (1) The right for defense is recognized. the safeguard of their fundamental rights. Article 148 The judge is protected against any foam of pressure. the Council of State and the Tribunals of Conflicts are defined by an organic law.The Judicial Power Article 138 The judicial power is independent. (2) In penal matters. Article 149 The magistrate is answerable before the High Council of Magistracy and within the foams prescribed by the law on the way he accomplishes his task. Article 139 The judicial power protects the society and the liberties. Article 137 If the motion of censure is adopted by the People's National Assembly. (3) The High Court and the Council of State are responsible for the unification of jurisprudence throughout the country and see to the respect of the law. (2) It sees to the respect of the provisions provided for the statute of the magistracy and of the control of discipline under the chairmanship of the First President of the High Court. (2) It is the same for all. the organization and the functioning of the High Court of State as well as the procedures of implementation are defined by an organic law. Article 143 Justice deals with appeals against and administrative authorities decisions. at any time. accessible for all and is expressed by the respect of the law.

Page 13 of 203 Part Three Control and Consultative Institutions Chapter I - Control Article 159 The elected assemblies assume the function of control within its popular dimension. Article 160 (1) The Government presents to each chamber of the Parliament a report on the use of budgetary credits which it voted for each financial year. (2) The financial year is close as far as it concerns the Parliament by a vote, by each of the chambers, of the financial year in question. Article 161 (1) Each of the two chambers of the Parliament may, within the framework of its prerogatives, institute at any time committees investigating affairs of general interest Article 162. (2) The control institutions and bodies are in charge of checking the conformity of the legislative and executive action with the Constitution and to verify the conditions of use and management of material means and public funds. Article 163 A Constitutional Council is institute to see to the respect of the Constitution. The Constitutional Council sees also to the due form of referendum operations, the election of the President of the Republic and the legislative elections. It proclaims the results of these operations. Article 164 The Constitutional Council is composed of nine (09) members: three (03) appointed by the President of the Republic among whom is the President, two (02) elected by the People's National Assembly, two (02) elected by the Council of Nation, one (01) elected by the Supreme court of Nation, one (01) elected by the Council of state. Once elected or appointed, the members of the Constitutional Council cease any other mandate, function, responsibility or mission. The President of the Republic appoints the President of the Constitutional Council for a single mandate of six (06) years. The other members of the Constitutional Council fill a unique mandate of six (06) years and are renewed by half every three (03) years. Article 165 (1) In addition to the prerogatives explicitly bestowed upon it by other provisions of the Constitution, the Constitutional Council pronounces on the constitutionality of treaties, laws and regulations, either through an opinion if these are not enforced or, otherwise, through a decision. (2) The Constitutional Council, called upon by the President of the Republic, expresses a compulsory opinion on the constitutionality of the organic laws following their adoption by the Parliament. (3) The Constitutional Council also pronounces on the conformity of the rules of procedures of each of the two chambers of the Parliament with the Constitution accordance with the provisions of the above mentions paragraph. Article 166 The Constitutional Council is called upon by the President of the Republic, the President of the People's National Assembly or by the President of the Council of Nation. Article 167 (1) The Constitutional Council deliberates in camera; its opinion or its decision are given within twenty (20) days following the date it was referred to. (2) The Constitutional Council defines the rules of its functioning. Article 168 When the Constitutional Council considers that a treaty, an agreement or a convention is not constitutional, its ratification cannot take place. Article 169 When the Constitutional Council considers that a legislative or regulatory provision is not constitutional, this latter loses its effect from the date the decision is taken by the Council. Article 170 (1) An Audit Office is instituted with the task of controlling a posteriori the finances of the State, the territorial collectivities and public services. (2) The Audit Office establishes a yearly report which is addressed to the President of the Republic. (3) The law defines the prerogatives, the organization and the functioning of the Audit Office as well as the sanctions of its investigations . Chapter II - Consultative Institutions Article 171 A High Islamic Council is instituted to the President of the Republic and is trusted, in particular, with: - encouraging and promoting "Ijtihad"; - expressing its views in comparison with religious precepts on matters submitted to it; - presenting a periodic report of activity to the President of the Republic. Article 172 The High Islamic Council is composed of fifteen (15) members, including a president appointed by the President of the Republic among national personalities highly qualified in various fields of science. Article 173 (1) A High Security Council presided by the President of the Republic is instituted. Its task is to express views on all the issues related to national security. (2) The President of the Republic defines the modes of organization and functioning of the High Security Council. Part Four Constitution Revision Article 174

Page 14 of 203 (1) Constitutional revision is decided on the initiative of the President of the Republic. It is voted, in the same manner, in accordance with the same conditions applied to a legislative text by the People's National Assembly and the Council of Nation. (2) It is submitted to a referendum to be approved by the People within fifty (SO) days following its adoption. (3) The Constitutional revision, approved by the People is promulgated by the President of the Republic. Article 175 (1) The law pertaining to the draft constitutional revision not approved by the People is void. (2) It cannot be submitted again to the People during the same legislature. Article 176 When the Constitutional Council considers that the draft constitutional revision does not infringe, at all, upon the general principles governing the Algerian society, the human and citizen's rights and liberties, or does not affect, in any way, the fundamental balance of powers and of institutions, the President of the Republic may promulgate, directly, the law pertaining to constitutional revision without submitting it to People's referendum if it obtains the voices of three quarters (3/4) of the members of the two chambers of the Parliament. Article 177 The three quarters (3/4) of the members of the two chambers of the Parliament meeting together can propose a constitutional revision and present it to the President of the Republic who can submit it to a referendum. If approved, it is promulgated. Article 178 Any constitutional revision cannot infringe on: 1. the republican nature of the State; 2. the democratic order based on multi-party system; 3. Islam as the religion of the State; 4. arabic as the national and official language; 5. fundamental liberties, and citizen's rights; 6. integrity of the national territory. [Part Five] - Transitional Provisions Article 179 The legislative body in office at the date of the promulgation of the present Constitution and up to the end of its mandate, the President of the Republic at the end of the legislative body's mandate and up to the election of the People's National Assembly, legislate through ordinances including the domains pertaining to organic laws. Article 180 Awaiting the setting up of the institutions provided for in the present Constitution: - the laws in force pertaining to the organic domain remain applicable up to their replacement or modification in accordance with the procedures provided for by the Constitution; - the Constitutional Council, with its present representation, assumes the prerogatives bestowed upon it by the present Constitution up to the time of setting up institutions represented in its midst. Any modification or addition should be subject to Article 164 (paragraph 3) of the present Constitution, resorting, if necessary, to drawing lots; - the elected People's National Assembly will assume full legislative power until the Council of Nation is set up; However the President of the Republic may delay the promulgation of the laws adopted by the deputies until their adoption by the Council of Nation. Article 181 The renewal of half (1/2) the members of the Council of Nation during the first mandate is carried out at the end of the third year by drawing lots. Members of the Council of Nation are replaced by drawing lots in the same conditions and following the same procedure of their election or appointment. However, drawing lots does not concern the President of the Council of Nation who assumes the first mandate of six (06) years. Article 182 The President of the Republic promulgates the constitutional revision text approved by the people and which will be carried out as the fundamental law of the Republic.

Page 15 of 203

Bahrain Constitution

{ Adopted on: 14 Feb 2002 } { ICL Document Status: 14 Feb 2002 } { Official Title: Constitution of the Kingdom of Bahrain } { Editor's Note: The ICL edition is based on an official translation provided to the public by the Bahrain Government. We have kept the alphabetical paragraph numbering, but added numerical paragraph numbers in round brackets where necessary. We also added article titles for better identification of the sections in the table of contents. }

[Preamble] Foreword to the Constitution In the name of God on high, and with His blessing, and with His help, we Hamad bin Isa Al Khalifa, Sovereign of the Kingdom of Bahrain, in line with our determination, certainty, faith, and awareness of our national, pan-Arab and international responsibilities; and in acknowledgment of our obligations to God, our obligations to the homeland and the citizens, and our commitment to fundamental principles and our responsibility to Mankind, And in implementation of the popular will expressed in the principles enshrined in the National Action Charter; pursuant to the authority entrusted to us by our great people to amend the Constitution; out of our desire to complete the requirements of the democratic system of government for our beloved nation; striving for a better future in which the homeland and the citizen will enjoy greater welfare, progress, development, stability and prosperity through earnest and constructive cooperation between government and citizens which will remove the obstacles to progress; and out of a conviction that the future and working for the future is what all of us seek in the coming stage; and in view of our belief that such an objective requires the exertion of efforts; and in order to complete the march, we have amended the existing Constitution. This amendment has taken account of all the lofty values and the great human principles enshrined in the National Action Charter. These values and principles confirm that the people of Bahrain surge ahead in their triumphant march towards a bright future, God willing, a future in which the efforts of all parties and individuals unite, and the authorities in their new garb devote themselves to achieve the hopes and aspirations under his tolerant rule, declaring their adherence to Islam as a faith, a code of laws and a way of life, with their affiliation to the great Arab nation, and their association with the Gulf Cooperation Council now and in the future, and their striving for everything that will achieve justice, good and peace for the whole of Mankind. The amendments to the Constitution proceed from the premise that the noble people of Bahrain believe that Islam brings salvation in this world and the next, and that Islam means neither inertness nor fanaticism but explicitly states that

wisdom is the goal of the believer wherever he finds it he should take it, and that the Qur'an has been remiss in nothing. In order to achieve this goal, it is essential that we listen and look to the whole of the human heritage in both East and West, adopting that which we consider to be beneficial and suitable and consistent with our religion, values and traditions and is appropriate to our circumstances, in the conviction that social and human systems are not inflexible tools and instruments which can be moved unchanged from place to place, but are messages conveyed to the mind, spirit and conscience of Man and are influenced by his reactions and the circumstances of his society. Thus these constitutional amendments are representative of the advanced cultural thought of our beloved nation. They base our political system on a constitutional monarchy founded on counsel [shura], which in Islam is the highest model for governance, and on the people's participation in the exercise of power, which is the foundation of modern political thought. The Ruler, with his perspicacity, chooses certain experienced people to constitute the Consultative Council (Majlis alShura), and the aware, free and loyal people choose through elections those who make up the Chamber of Deputies (Majlis al-Nuwwab), and thus the two chambers together achieve the popular will represented by the National Assembly (Al-Majlis al-Watani). These constitutional amendments undoubtedly reflect the joint will of the King and the people, and achieve for everyone the lofty ideals and the great humanitarian principles contained in the National Action Charter, and ensure that the people will advance to the high position for which their ability and preparedness qualify them, and which accords with the greatness of their history, and allows them to occupy their appropriate place among the civilised nations of the world. This constitution that we have promulgated contains the amendments that have been carried out in accordance with the provisions of the National Action Charter and that complement all the unamended texts. We have attached an explanation memorandum which will be used to explain its judgement. Chapter I The State Article 1 [Sovereignty, Constitutional Monarchy] a. The Kingdom of Bahrain is a fully sovereign, independent Islamic Arab State whose population is part of the Arab nation and whose territory is part of the great Arab homeland. Its sovereignty may not be assigned or any of its territory abandoned. b. The regime of the Kingdom of Bahrain is that of a hereditary constitutional monarchy, which has been handed down by the late Sheikh Isa bin Salman Al Khalifa to his eldest son Sheikh Hamad bin Isa Al Khalifa, the King. Thenceforward it will pass to his eldest son, one generation after another, unless the King in his lifetime appoints a son other than his eldest son as successor, in accordance with the provisions of the Decree on inheritance stated in the following clause. c. All provisions governing inheritance are regulated by a special Royal Decree that will have a constitutional character, and which can only be amended under the provisions of Article 120 of the Constitution.

Page 16 of 203 d. The system of government in the Kingdom of Bahrain is democratic, sovereignty being in the hands of the people, the source of all powers. Sovereignty shall be exercised in the manner stated in this Constitution. e. Citizens, both men and women, are entitled to participate in public affairs and may enjoy political rights, including the right to vote and to stand for elections, in accordance with this Constitution and the conditions and principles laid down by law. No citizen can be deprived of the right to vote or to nominate oneself for elections except by law. f. This Constitution may be amended only partly, and in the manner provided herein. Article 2 [State Religion, Shari'a, Official Language] The religion of the State is Islam. The Islamic Shari'a is a principal source for legislation. The official language is Arabic. Article 3 [Flag] The State flag, emblem, logos, honours and national anthem are laid down by law. Chapter II Basic Constituents of Society Article 4 [State Principles] Justice is the basis of government. Cooperation and mutual respect provide a firm bond between citizens. Freedom, equality, security, trust, knowledge, social solidarity and equality of opportunity for citizens are pillars of society guaranteed by the State. Article 5 [Family] a. The family is the basis of society, deriving its strength from religion, morality and love of the homeland. The law preserves its lawful entity, strengthens its bonds and values, under its aegis extends protection to mothers and children, tends the young and protects them from exploitation and safeguards them against moral, bodily and spiritual neglect. The State cares in particular for the physical, moral and intellectual development of the young. b. The State guarantees reconciling the duties of women towards the family with their work in society, and their equality with men in political, social, cultural, and economic spheres without breaching the provisions of Islamic canon law (Shari'a). c. The State guarantees the requisite social security for its citizens in old age, sickness, disability, orphanhood, widowhood or unemployment, and also provides them with social insurance and healthcare services. It strives to safeguard them against ignorance, fear and poverty. d. Inheritance is a guaranteed right governed by the Islamic Shari'a. Article 6 [Arab and Islamic Heritage] The State safeguards the Arab and Islamic heritage. It contributes to the advancement of human civilization and strives to strengthen the bonds between the Islamic countries, and to achieve the aspirations of the Arab nation for unity and progress. Article 7 [Education] a. The State sponsors the sciences, humanities and the arts, and encourages scientific research. The State also guarantees educational and cultural services to its citizens. Education is compulsory and free in the early stages as specified and provided by law. The necessary plan to combat illiteracy is laid down by law. b. The law regulates care for religious and national instruction in the various stages and forms of education, and at all stages is concerned to develop the citizen's personality and his pride in his Arabism. c. Individuals and bodies may establish private schools and universities under the supervision of the State and in accordance with the law. d. The State guarantees the inviolability of the places of learning. Article 8 [Health Care] a. Every citizen is entitled to health care. The State cares for public health and the State ensures the means of prevention and treatment by establishing a variety of hospitals and healthcare institutions. b. Individuals and bodies may establish private hospitals, clinics or treatment centres under the supervision of the State and in accordance with the law. Article 9 [Property] a. Ownership, capital and work -- in accordance with the principles of Islamic justice -- are basic constituents of the social entity of the State and the national wealth, and are all individual rights with a social function regulated by law. b. Public funds are inviolate, and it is the duty of every citizen to protect them. c. Private ownership is protected. No one shall be prevented from disposing of his property within the limits of the law. No one shall be dispossessed of his property except for the public good in the cases specified and the manner stated by law and provided that he is fairly compensated. d. Public expropriation of funds is prohibited, and private expropriation shall be a penalty only by judicial ruling in the cases prescribed by law. e. The relationship between the owners of land and real estate and their tenants shall be regulated by law on economic principles while observing social justice. f. The State shall endeavour to provide housing for citizens with limited income. g. The State shall make the necessary arrangements to ensure the exploitation of land suitable for productive farming, and shall strive to raise the standards of farmers. The law lays down how small farmers are to be helped and how they can own their land. h. The State shall take the necessary measures for the protection of the environment and the conservation of wildlife. Article 10 [Economy] a. The national economy is based on social justice, and it is strengthened by fair cooperation between public and private business. Its objective, within the limits of the law, is economic development according to a well-ordered plan and achievement of prosperity for the citizens, all within the bounds of the law. b. The State endeavours to achieve the economic union of the Gulf Cooperation Council states and the states of the Arab

b. and for compensating those affected by war damage or as a result of performing their military duties. Article 15 [Taxes] a. and discord or sectarianism is not aroused. The law regulates the relationship between employees and employers on economic basis while observing social justice. inducement. printing and publishing is guaranteed under the rules and conditions laid down by law. b. provided that the fundamental beliefs of Islamic doctrine are not infringed. Everyone has the right to express his opinion and publish it by word of mouth. Article 21 [Asylum] The extradition of political refugees is prohibited. Article 11 [Natural Resources] All natural wealth and resources are State property. Article 24 [Press] With due regard for the provisions of the preceding Article. and everything that leads to rapprochement. Article 18 [Human Dignity. f. in writing or otherwise under the rules and conditions laid down by law. Taxes and public costs are based on social justice. .Page 17 of 203 League. and State employees shall have the public interest in mind when performing their jobs. Article 22 [Conscience. An accused person is innocent until proved guilty in a legal trial in which he is assured of the necessary guarantees to exercise the right of defence at all stages of the investigation and trial in accordance with the law. There shall be no crime and no punishment except under a law. b. Religion] Freedom of conscience is absolute. b. while observing the requirements of the security of the State and of the national economy. or undignified treatment. c. Compulsory work cannot be imposed on any person except in the cases specified by law for national exigency and for a fair consideration. the freedom of the press. or inducement. Public jobs are a national service entrusted to their incumbents. A person cannot be detained or imprisoned in locations other than those designated in the prison regulations covered by health and social care and subject to control by the judicial authority. Personal freedom is guaranteed under the law. coordination and mutual assistance among them. and punishment only for acts committed subsequent to the effective date of the law providing for the same. Article 19 [Personal Freedom] a. The State guarantees the inviolability of worship. and their payment is a duty under the law. There shall be no discrimination among them on the basis of sex. The law regulates exemption of low incomes from taxes in order to ensure that a minimum standard of living is safeguarded. and supervises the regulation of credit. Punishment is personal. Article 20 [Criminal Trials] a. Article 25 [Home] Dwellings are inviolate. Every citizen has the right to work and to choose the type of work within the bounds of public order and decency. It is forbidden to harm an accused person physically or mentally. d. cooperation. Chapter III Public Rights and Duties Article 17 [Citizenship] a. or his place of residence specified or his freedom of residence or movement restricted. origin. c. religion or creed. is required by personal dignity and is dictated by the public good. Work is the duty of every citizen. d. or such treatment. Article 13 [Work] a. detained . b. c. Citizens are equal in the assumption of public posts in accordance with the conditions specified by law. imprisoned or searched. and such other cases as prescribed by law. or the threat thereof. Foreigners shall not be entrusted with public posts except in those cases specified by law. or pursuant to a judicial ruling. Any statement or confession proved to have been made under torture. the unity of the people is not prejudiced. Equality] People are equal in human dignity. e. It is prohibited to banish a citizen from Bahrain or prevent him from returning to it. The State shall safeguard them and exploit them properly. Article 16 [Public Jobs] a. The right to litigate is guaranteed under the law. shall be null and void. and the freedom to perform religious rites and hold religious parades and meetings in accordance with the customs observed in the country. The State guarantees the provision of job opportunities for its citizens and the fairness of work conditions. Every person accused of an offence must have a lawyer to defend him with his consent. and citizens are equal before the law in public rights and duties. Article 14 [Savings. A person cannot be arrested. No person shall be subjected to physical or mental torture. A person inherently enjoying his Bahraini nationality cannot be stripped of his nationality except in case of treason. Article 12 [Compensation] The State guarantees the common liability of society in bearing the burdens arising from public disasters and ordeals. and the penalty for so doing shall be specified by law. language. except under the provisions of the law and under judicial supervision. Bahraini nationality shall be determined by law. d. Article 23 [Expression] Freedom of opinion and scientific research is guaranteed. They cannot be entered or searched without the permission of their occupants exception in cases of maximum necessity as laid down and in the manner provided by law. Credit] The State encourages cooperation and saving. b.

and cares for the rights and freedoms of individuals and organisations. In the event of his absence abroad and the inability of the Crown Prince to act for him. National Guard. The King appoints and dismisses members of the Consultative Council by Royal Order. The currency is issued in the name of the King in accordance with the law. and Public Security services. General or partial mobilisation shall be regulated by law. Trade Unions] The freedom to form associations and unions on national principles. Legislative authority is vested in the King and the National Assembly in accordance with the Constitution. telephonic and electronic communication is safeguarded and its confidentiality is guaranteed. and his person is inviolate. Powers] a. On ascending the throne. Article 28 [Assembly] a. The King is Head of State. i. Article 34 [Deputy Head of State] a. Group approaches to the authorities may only be made by statutory bodies and corporate persons. b. However. d. The King safeguards the legitimacy of the government and the supremacy of the constitution and the law. Chapter IV Public Authorities General Provisions [Section 0 General Provision] Article 32 [Separation of Powers] a. The King appoints and dismisses the Prime Minister by Royal Order. The King is the Supreme Commander of the Defence Force. and each Minister is answerable for the business of his Ministry.Page 18 of 203 Article 26 [Communication] The freedom of postal. b." m. The King appoints judges by Royal Orders. and judicial rulings are issued in his name. None of the three authorities may assign all or part of its powers stated in this Constitution. and such regulation or limitation may not prejudice the essence of the right or freedom. but the purposes and means of the meeting must be peaceful and must not be prejudicial to public decency. . Executive authority is vested in the King together with the Council of Ministers and Ministers. provided that the fundamentals of the religion and public order are not infringed. He is the loyal protector of the religion and the homeland. and its nominal representative. The King exercises his powers directly and through his Ministers. Performance of military service is an honour for citizens and is regulated by law. the King takes the following oath at a special meeting of the National Assembly: "I swear by Almighty God that I shall respect the Constitution and the laws of the State. for lawful objectives and by peaceful means is guaranteed under the rules and conditions laid down by law. The system of government rests on a separation of the legislative. c. Article 29 [Petition] Any individual may address the public authorities in writing over his signature. Only the State may establish the Defence Force. the King shall appoint a Deputy by Royal Order to exercise his powers during his period of absence. Ministers are jointly answerable to him for general government policy. f. executive and judicial authorities while maintaining cooperation between them in accordance with the provisions of this Constitution. and its defence is a sacred duty of every citizen. He commands it and charges it with national tasks within the homeland and outside it. and no member of the security forces may attend their private meetings. b. The King awards honours and decorations in accordance with the law. Non-citizens are assigned such tasks only in case of maximum necessity and in the manner prescribed by c. grants and withdraws civilian and military ranks and other honourary titles by Royal Order. The King chairs the Higher Judicial Council. the whole being in accordance with the provisions of the Constitution. No one can be forced to join any association or union or to continue as a member. and appoints and dismisses Ministers by Royal Decree as proposed by the Prime Minister. The King establishes. as proposed by the Higher Judicial Council. Section 1 The King Article 33 [Head of State. b. A Royal Order shall be issued to regulate it. Public meetings. Communications shall not be censored or their confidentiality breached except in exigencies specified by law and in accordance with procedures and under guarantees prescribed by law. k. telegraphic. g. that I shall defend the freedoms. interests and assets of the people. The safety of the nation is part of the safety of the Arab homeland as a whole. and maintains the necessary secrecy in its affairs. The Defence Force is directly linked to the King. parades and assemblies are permitted under the rules and conditions laid down by law. Article 30 [Military Service] a. and the symbol of national unity. The Royal Court is attached to the King. 1. whereupon the powers shall be exercised in accordance with the provisions of the Delegation Law. and that I shall safeguard the independence of the nation and the integrity of its territories. Article 27 [Associations. Individuals are entitled to assemble privately without a need for permission or prior notice. h. Article 31 [Restrictions] The public rights and freedoms stated in this Constitution may only be regulated or limited by or in accordance with the law. limited legislative delegation for a particular period and specific subject(s) is permissible. Peace is the objective of the State. This Order may include a special regulation for the exercise of these powers on his behalf or may limit their scope. e. The Cabinet shall be re-formed as aforesaid in this article at the start of each legislative season of the National Assembly. j. and can delegate others to carry out these functions on his behalf. Its budget and the rules for the budget's control are set by a special Royal Decree.

the public and private rights of citizens. The King may amend the Constitution. Article 35 [Legislative Powers] a. their legal force shall abate retrospectively without a need to issue a relevant ruling. must be promulgated by law to be valid.Page 19 of 203 b. b. and shall promulgate it within one month of its approval for the second time. the King may issue relevant Decrees that have the force of law. or within a month of the first meeting of each of the two new chambers in the event of dissolution or if the legislative term had ended. he shall state whether it should be reconsidered in that same session or the next. Amnesty] The King may abate or commute a sentence by Decree. for a decision on the conduct of the war. Article 37 [Treaties] (1) The King shall conclude treaties by Decree. Article 36 [Declaration of War] a. (3) Under no circumstances may a treaty include secret clauses which conflict with those openly declared. rights of sovereignty. provided they do not contravene the Constitution. and shall open its proceedings and bring them to a close in accordance with the provisions of the Constitution. A state of national safety or martial law shall be proclaimed only by Decree. A treaty shall have the force of law once it has been concluded and ratified and published in the Official Gazette. The King is entitled to dissolve the Chamber of Deputies by a Decree that states the reasons for the dissolution. (2) Such Decrees must be referred to both the Consultative Council and the Chamber of Deputies within one month from their promulgation if the two chambers are in session. d. re-approve the draft by a majority of two-thirds of their members. c. The conditions and provisions of Clause (b) of Article 48 of this Constitution shall apply to the King's Deputy. c. Article 39 [Administrative Decrees] a. or the National Assembly. The Crown Prince shall take this oath once. any event should occur that requires expediting the adoption of measures that brook no delay. b. Article 42 [Electoral Orders] a. and shall accredit the representatives of foreign States and organizations. The result of the referendum shall be binding on all and effective from the date it is declared. Aggressive war is forbidden. The King shall lay down the regulations for implementation of the laws. and if not it shall be taken before the King. If he is a Minister or a member of the Consultative Council or the Chamber of Deputies. A total amnesty may be granted only by law. shipping and residence. Article 41 [Pardon. and treaties which involve the State Exchequer in non-budget expenditure or which entail amendment of the laws of Bahrain. peace treaties and treaties of alliance. If the Decrees are not so referred. b. . Before exercising his powers. the King shall ratify it. if within the interval prescribed in the preceding clause the King returns to the Consultative Council and the Chamber of Deputies for reconsideration the draft of any law by way of a Decree in justification. martial law cannot be proclaimed for a period exceeding three months. The Chamber cannot be dissolved for the same reasons once again. the King's Deputy shall take the oath prescribed in the preceding Article. and it shall be published in the Official Gazette. (2) However. The law may prescribe a lower instrument than a Decree for promulgation of the regulations necessary for their implementation. and is the authority for their ratification and promulgation. military personnel. The King shall issue the Orders for elections to the Chamber of Deputies in accordance with the provisions of the law. natural resources. treaties relating to State territory. If they are referred to the two chambers but are not confirmed by them their legal force shall also abate retrospectively. c. With due regard for the provisions pertaining to amendment of the Constitution. The issue on which the referendum has been held is considered to have been agreed upon if approved by a majority of those who cast their votes. and shall communicate them to the Consultative Council and the Chamber of Deputies forthwith accompanied by the appropriate statement. treaties pertaining to commerce. In all cases. he shall not participate in ministerial or parliamentary business during the period he deputises for the King. and shall apply to offences committed before the amnesty was proposed. within the bounds and on the conditions prescribed by law. by Decrees which shall not include amendment or suspension of those laws or exemption from their implementation. The King shall lay down the control regulations and the regulations necessary for the organization of public directorates and departments. propose laws. Article 43 [Popular Referendum] The King may conduct a popular referendum on important laws and issues connected with the interests of the State. A defensive war is declared by a Decree which shall be presented to the National Assembly immediately upon its declaration. even if he deputises for the King a number of times. including the phrase : "and I shall be loyal to the King". This period may not be renewed except with the consent of the majority of the members of the National Assembly present. Article 38 [Decrees] (1) If between the convening of both the Consultative Council and the Chamber of Deputies sessions. The oath shall be taken in the National Assembly if in session. and political representatives in foreign States and with international organizations. by Decrees in a manner which does not conflict with the laws. or during the period in which the National Assembly is in recess. The King shall invite the National Assembly to convene by Royal Order. A law shall be deemed ratified and the King shall promulgate it if six months have elapsed from the date on which it was submitted to him by the Consultative Council and Chamber of Deputies without it being returned to these Chambers for reconsideration. If the Consultative Council and the Chamber of Deputies. b. Article 40 [Officers] The King shall appoint and dismiss civil servants.

The law shall regulate public institutions and municipal departmental bodies so as to ensure their independence under State direction and supervision. sessions of the Consultative Council shall be halted. Article 48 [Departments. Its decisions shall be adopted when a majority of its members attend and there is a majority of those attending in favour. must not be less than a full thirty five years of age by the Gregorian Calendar on the day of appointment. c. The incumbent of a Ministry must be a Bahraini. Article 50 [Supervision of Self-Government] a. In the event of a tied vote. The salaries of the Prime Minister and Ministers shall be laid down by law. If the Chamber of Deputies is dissolved. the provisions pertaining to Ministers apply also to the Prime Minister. and must be experienced or have rendered distinguished services to the Nation. and the Council shall elect two Vice-Presidents for each convening period. d. b. Article 47 [Powers] a. Part 1 The Consultative Council Article 52 [Composition] The Consultative Council is composed of forty members appointed by Royal Order. d. or combine his ministerial position with the membership of the board of directors of any company except as a non-remunerated Government representative. and supervise the course of business in the Government apparatus. The law shall ensure the municipal departmental bodies can administer and oversee the services that have a local character and are within their area. enjoy full political and civil rights. aged not less than 30 years by the Gregorian Calendar and must enjoy full political and civil rights. nor may he participate in contracts concluded by the Government or public institutions. Also during this period the Minister may not purchase or rent a State asset even by way of public auction. The Council of Ministers shall oversee State interests. sell. b.Page 20 of 203 Section 2 The Executive Authority Article 44 [Composition] The Council of Ministers shall consist of the Prime Minister and a number of Ministers. Article 55 [Sessions] a. Membership shall not terminate until the date on which the King accedes to the request. a Minister may not assume any other public office. nor may he lease. nor may he even indirectly practise a profession or conduct industrial. Article 46 [Oath of Office] Before exercising their powers. c. The minority shall abide by the opinion of the majority unless they resign. Council decisions shall be submitted to the King for approval in cases where issue of a relevant Decree is required. the Prime Minister and Ministers shall take the oath prescribed in Article 78 of this Constitution before the King. commercial or financial business. he shall continue to discharge urgent business of his function until a successor is appointed. The Prime Minister shall supervise performance of the tasks of the Council of Ministers and the course of its business. The King shall chair those meetings of the Council of Ministers which he attends. b. Relinquishment by the Prime Minister of his position for any reason shall entail removal of all Ministers from their posts. The term of membership of the Consultative Council is four years. b. b. and the President is to submit the request to the King. Article 49 [Succession] Article 56 [Composition] If the Prime Minister or the Minister relinquishes his position for any reason. Part 2 The Chamber of Deputies . be on an electoral list. and the convening period for both Chambers shall be the same. Any member of the Consultative Council may ask to be exempted from membership of the Council by applying to the President of the Council. the King shall appoint a replacement to serve until the end of the term of his predecessor. While in charge of his Ministry. Article 45 [Eligibility] a. If for any reason the place of a member of the Consultative Council becomes vacant before his term is due to expire. Section 3 The Legislative Authority National Assembly [Part 0 General Provision] Article 51 [Chambers] The National Assembly consists of two Chambers: the Consultative Council and the Chamber of Deputies. the side on which the Prime Minister's vote is cast shall prevail. He shall also decide the orientation of the Ministry and supervise the putting of it into practice. The State shall direct public welfare institutions for the public good in a manner consistent with general State policy and the interest of its citizens. The King shall appoint the President of the Consultative Council for the same period as the Council. Unless otherwise provided. e. Incompatibilities] a. and members may be reappointed when their term has expired. lay down and follow through the implementation of general government policy. b. or barter any of his assets to the State. Article 53 [Eligibility] A member of the Consultative Council must be a Bahraini. The Consultative Council shall meet when the Chamber of Deputies meets. Article 54 [Term] a. Each minister shall supervise the affairs of his Ministry and implement the general government policy in that Ministry. The deliberations of the Council of Ministers shall be confidential. implement its decisions and coordinate between the various Ministries and integrate their business.

Article 58 [Term] (1) The term of the Chamber of Deputies is four years by the Gregorian Calendar from the date of its first session. However. Elections for a new Chamber of Deputies shall be held during the last four months of that term. his replacement shall be elected within two months from the date of announcement of the vacancy by the Chamber. b. secret general ballot in accordance with the provisions of the law. he shall participate with them both in the election in the second ballot. It shall exercise its full constitutional powers. On the day of his election he must be not less than thirty years of age by the Gregorian Calendar. Article 62 [Electoral Jurisdiction] The Court of Cassation shall have jurisdiction to rule on challenges relating to elections to the Chamber of Deputies. c. taking the opinion of the Council of Ministers. His membership of the Consultative Council or the Chamber of Deputies must not have been abrogated by decision of the Chamber to which he belonged due to loss of confidence and esteem or for being in breach of duties of membership. Article 65 [Interpellation] (1) Upon an application signed by at least five members of the Chamber of Deputies. This Chamber of Deputies shall be regarded as extant from the date of promulgation of the Royal Decree restoring it. and shall continue its business until a new Chamber is elected. the election shall be conducted again between the two who secured the most votes. (2) In all cases election shall be by an absolute majority of those present. If the place of any of them falls vacant. Article 57 [Eligibility] A member of the Chamber of Deputies must meet the following requirements: a. If the Chamber of Deputies is dissolved. If elections are not held during that period the dissolved Chamber of Deputies shall regain its full constitutional powers. These committees may exercise their powers while the chamber is in recess. (4) The question may lead to the matter of confidence in the Minister being put to the Chamber of Deputies under the provisions of Article 66 of this Constitution. and the new member shall serve until the end of term of his predecessor. and the place shall become vacant from the date ofthat acceptance. The resignation shall be deemed final only from when the Chamber decides to accept it. If there is no such majority on the first ballot. and his name must be on an electoral list. the King may defer election of the Chamber of Deputies if there are compelling circumstances whereby the Council of Ministers considers holding elections is not possible. when necessary. the King. (2) If the vacancy occurs within the six months that precede the end of the legislative season of the Chamber. a person whose membership has been abrogated may put himself forward as a candidate if the legislative season during which the decision to abrogate his membership was taken has elapsed. any Minister may be questioned on matters coming within his sphere of competence. If a third party tied with the second of the two. in accordance with the relevant law. Article 66 [Responsibility. The session the Chamber holds in such a case shall be regarded as its first session irrespective of the date of its commencement. unless the Minister agrees to bring the debate forward. If this proportional majority results in a tie. or be made by his proxy. (2) The question must not pertain to a private interest of the questioner or his relatives to the fourth degree. (3) The first session shall be chaired by the eldest member until such time as a President of the Chamber of Deputies is elected. and meets immediately as though the dissolution never occurred. Article 63 [Resignation] The Chamber of Deputies is the authority competent to accept a resignation from its membership. A person whose period of membership has ended may be re-elected. c. Article 61 [Committees] The Chamber shall form the committees necessary for its business during the first week of its annual assembly. Article 64 [Dissolution] a. (2) The King may.Page 21 of 203 The Chamber of Deputies comprises forty members elected by direct. or if the chamber of which he was a member adopts a decision to cancel the impediment to candidature entailed by abrogation of membership upon expiry of the convening period during which the decision to abrogate his membership was taken. elections for a new Chamber of Deputies must be held not later than four months from the date of dissolution. Vote of No-Confidence] . while observing the provisions of Article 64 of the Constitution. The provisions of this Constitution shall apply to it including those pertaining to completion of the Chamber's term and dissolution. extend the legislative season of the Chamber of Deputies by Royal Order for a period not exceeding two years. He must be a Bahraini enjoying his full civil and political rights. (3) The question shall not be debated until at least eight days after the day on which the question was posed. Notwithstanding the preceding clause. may restore the dissolved Chamber of Deputies and invite it to convene. Article 60 [Presidency] (1) At its first session the Chamber of Deputies shall choose from among its members a President and two Vice Presidents for the same duration as the Chamber's term. b. and in this case the election shall be by proportional majority. If the compelling circumstances mentioned in the preceding clause continue. d. there shall be no election of a replacement member. Article 59 [Vacancies] (1) If for any reason the place of a member of the Chamber of Deputies becomes vacant before his term is due to expire. the Chamber shall choose by lot. He must read and write Arabic fluently. the Chamber shall choose a replacement to serve out his term.

documents and statements as are asked of them. and ratified by the King. If. Article 69 [Commissions of Inquiry] (1) The Chamber of Deputies may at any time form commissions of inquiry or delegate one or more of its members to investigate any matter coming within the powers of the Chamber stated in the Constitution. He may delegate the Crown Prince or whomever he decides to inaugurate the convening period and deliver the royal address on his behalf. it must give its reasons in writing to the Chamber. Part 3 Provisions Common to Both Chambers Article 70 [Legislation] No law shall be promulgated unless approved by both the Consultative Council and the Chamber of Deputies. c. Article 77 [Place and Time] Any meeting of the Consultative Council or the Chamber of Deputies which is not held at the prescribed time and place shall be null and void and decisions taken thereat shall be invalid. Each of the two chambers shall choose a committee from among its members to prepare the draft reply to the address. Article 74 [King's Address and Reply] The King shall inaugurate the ordinary convening period of the National Assembly with a royal address. prior to pursuing their work in the Chamber or its committees: "I swear by Almighty God that I shall be loyal to the country and the King. the President of the . (2) Ministers and all State employees are to provide such testimony. Article 67 [Limitations] a." Article 79 [Publicity] Sessions of the Consultative Council and the Chamber of Deputies shall be open to the public. or by dissolving the Chamber of Deputies. or the National Assembly as the situation demands. c. and the Chamber may not give its decision on the application until seven days after its submission. A question of confidence in a Minister may be put forward only at his own wish or upon an application signed by at least ten members of the Chamber of Deputies following the debate of the question put to him. the matter is submitted to the King for a decision. and he shall submit his resignation forthwith. Article 68 [Wishes] The Chamber of Deputies may express its wishes in writing to the Government on public matters. b. the National Assembly shall convene on the day following the expiry of one month from the date of appointment of the Consultative Council or election of the Chamber of Deputies whichever occurs later. or if so requested by a majority of members of either chamber. by Royal Decree. unless the King decides to invite it to convene before that date. the matter will be referred to the National Assembly to consider it.Page 22 of 203 a. either by relieving the Prime Minister of his post and appointing a new Government. If the Chamber of Deputies decides by a majority of twothirds of its members to give a vote of no-confidence in a Minister. If the National Assembly decides by a majority of two thirds of its members that it is not possible to cooperate with the Prime Minister. (2) If the date of convening the National Assembly in that period is later than the annual date prescribed in Article 71 of the Constitution. it shall convene on the first working day following that holiday. and each chamber shall submit its reply to the King after it is approved. and this convening period may not be closed before the budget is approved. The subject of confidence in the Prime Minister shall not be raised in the Chamber of Deputies. shall defend the freedoms. d. Article 78 [Oath of Office] Every member of the Consultative Council or the Chamber of Deputies shall take the following oath in public session. the convening period prescribed in Article 72 of the Constitution shall be reduced by the amount of the difference between the two aforesaid dates. If that day is an official holiday. b. shall respect the Constitution and the laws of the State. Article 73 [Convening Period] (1) As an exception to the provisions of the two foregoing Articles. Article 75 [Extraordinary Sessions] (1) Both the Consultative Council and the Chamber of Deputies shall be called. two-thirds of members of the Chamber of Deputies consider it not possible to cooperate with the Prime Minister. and the commission or member is to present the findings of the inquiry not later than four months from the date of commencement of the inquiry. to meet in extraordinary session if the King deems it necessary. The National Assembly cannot issue its decision on the lack of possibility of cooperating with the Prime Minister prior to seven days from the date the matter was referred to it. Article 72 [Length of Sessions] The normal convening period for both the Consultative Council and the Chamber of Deputies shall last for at least seven months. Each Minister shall be responsible to the Chamber of Deputies for the business of his Ministry. Article 71 [Sessions] The National Assembly shall convene on the second Saturday in the month of October unless the King decides to invite it to convene before this date. If the Government finds itself unable to meet these wishes. (2) When in extraordinary session the two chambers may not consider matters other than those for which it has been called to convene. They may be held in secret at the request of the Government. interests and assets of the people. he shall be regarded as having withdrawn from the Ministry from the date of the no-confidence vote. and shall perform my work honestly and sincerely. Article 76 [Closing of Sessions] The King shall declare ordinary and extraordinary convening periods closed by Royal Order.

deletion or addition. A member of either the Consultative Council or the Chamber of Deputies represents the people and cares for public interest.Page 23 of 203 Chamber. or ten members. or the mandatory respect for the King. amend or reject the bill or to accept any amendments which the Chamber of Deputies had introduced to the bill. and the request shall be debated in secret session. c. and it must invariably be informed at its first session of any action taken against a member during the chamber's annual recess. Article 86 [Approved Bill] In all cases in which a bill is approved. the bill is presented to the Consultative Council with the opinion of the Chamber of Deputies if there is such an opinion. Article 88 [Governmental Program] As soon as it is formed. permission must be sought from the President of the relevant chamber. Joint Session] If the two Chambers differ twice over any bill. the President of the Consultative Council shall refer the approved bill to the Prime Minister so that he submits it to the King. Outside the convening period. the decision of the National Assembly must be taken on a majority of members present. shall first be submitted to the Chamber of Deputies so that it takes a decision on it within fifteen days. voting shall be conducted by calling upon members by name. Article 82 [Reconsideration] If the Consultative Council does not approve a bill passed by the Chamber of Deputies. In such a case the bill shall be returned to the Consultative Council for reconsideration. (3) The chamber must be informed of any measures which may be taken under the preceding paragraph while it is convened. the King may issue the bill as a Decree that has the force of a law. b. the President of the Consultative Council shall refer it to the Prime Minister who will submit it to the King. Immunity] (1) a. investigation. Article 89 [Representation. For the bill to be accepted. so that the Consultative Council decides on it within a further period of fifteen days. (2) The non-issue of a decision by the chamber or its President on the permission which is being sought within one month from the date of receipt of the request shall be regarded as permission. the President of the Council shall return it to the Chamber of Deputies for reconsideration. (2) If there is a lack of quorum for either chamber to convene on two successive occasions. If the voting relates to the Constitution. In the event of a tied vote. Article 83 [Submission] If the Chamber of Deputies accepts the bill as it receives it from the Consultative Council. a quorum of more than half the members of each chamber must be present. The Consultative Council may accept the decision of the Chamber of Deputies or insist on its previous decision. or had rejected or amended them. whether the Consultative Council's decision involves rejection. the National Assembly shall convene in joint session under the chairmanship of the President of the Consultative Council to discuss those clauses in dispute. Article 84 [Amendments] The Chamber of Deputies may reject any amendment made to a bill by the Consultative Council. When that period elapses. Article 90 [Postponement] The King may by Royal Order postpone the convening of the National Assembly for not more than two months. Article 85 [Disputes. which is entitled to pass. and when the bill is rejected in this manner it shall not be presented to the National Assembly again in the same convening period. and the Government requests its urgent consideration. or is defamatory of the personal life of any person. which is entitled to pass. priority of debate shall always be given to bills and proposals put forward by the Government. Other than in a case of flagrante delicto. He shall not come under the sway of any authority in his work in the either chamber or its committees. it shall be impermissible during the convening period for any detention. amendment. arrest or custodial procedures or any other penal action to be taken against a member except with the permission of the chamber of which he is a member. and may insist on its previous decision without introducing any new amendments to the bill. amend or reject the bill. In all cases the bill shall be referred to the Consultative Council. except in cases where a special majority is stipulated. Decisions shall be taken on an absolute majority of members present. However. Article 87 [Budget] Every bill that regulates economic or financial matters. If the two Chambers should disagree on the bill in question. Article 81 [Initiative] The Prime Minister shall present bills to the Chamber of Deputies. Article 80 [Quorum] (1) For a meeting of both the Consultative Council or the Chamber of Deputies to be valid. the meeting of the chamber shall be deemed valid provided that the number of members attending is not less than one quarter of the chamber's members. and such postponement shall not be repeated more than once in any one convening period. No member of the Consultative Council or the Chamber of Deputies shall be called to account for expressing his opinions or ideas in the Council or its committees unless the opinion expressed is prejudicial to the fundamentals of the religion or the unity of the nation. the matter is referred to the National Assembly for a vote on it within fifteen days. search. each Government shall submit its program to the National Assembly which may put forward any observations it deems appropriate regarding the program. The period of postponement shall not be counted within the convening period provided by Article 72 of this Constitution. the matter shall be decided in favour of the side that includes the President of the chamber. Article 91 [Questions] . If the National Assembly does not reach a decision on it within that period.

followed by the First Vice-President of the Consultative Council. Article 102 [Chairmanship] The joint National Assembly meeting shall be chaired respectively by the President of the Consultative Council. joint sessions of the two chambers of the National Assembly shall not be deemed legally valid unless they are attended by the majority of the members of each individual chamber. the decision shall be submitted to the King for approval. Article 97 [Incompatibilities] Membership of the Consultative Council and Chamber of Deputies may not be combined. Guards shall be allocated to each chamber and they will receive their orders from the chamber's President. his membership shall be abrogated. and both chambers shall listen to the Prime Minister and Ministers whenever they ask to speak. Each proposal shall be referred to the relevant committee in the chamber in which the proposal was made for an opinion. followed by the First Vice-President of the Chamber of Deputies. b. or in his absence by the President of the Chamber of Deputies. (2) A chamber may require the competent Minister to attend when a matter relating to his Ministry is being debated.Page 24 of 203 (1) Any member of the Consultative Council or the Chamber of Deputies may direct written questions at Ministers to clarify matters coming within their sphere of competence. Article 99 [Incompetence] If a state of incompetence arises with respect to a member of Consultative Council and Chamber of Deputies during his membership. Decisions shall be taken by a majority of the votes of members present with the exception of the President. If this remuneration is amended. and only the questioner may comment once on the reply. sell or barter any of his assets to the State. (2) Nor during that period may he purchase or rent a State asset. unless by way of public auction or invitation to tender or application of the regulations governing expropriation in the public interest. (2) The question may not relate to an interest of the questioner or his relatives to the fourth degree. . Article 92 [Initiatives] a. Article 96 [Remuneration] The remuneration of members of the Consultative Council and Chamber of Deputies shall be laid down by law. Article 103 [Quorum] In the cases other than those in which the Constitution requires a special majority. Article 94 [Regulations] a. If the Minister adds anything new. A decision to abrogate membership must secure a two-thirds majority of the members of the chamber of which he is a member. b. nor may membership of either chamber be combined with the assumption of public office. or be made by proxy. Duty to Attend] (1) The Prime Minister and Ministers may attend sessions of the Consultative Council and Chamber of Deputies. Each chamber may add to the law that regulates it such supplementary provisions as it sees fit. Other cases of non-combination shall be prescribed by law. or lease. The membership of a member of the Consultative Council or Chamber of Deputies may also be abrogated for loss of confidence or esteem or for being in breach of the duties of membership. If the chamber sees fit to accept the proposal. voting. Article 95 [Order] (1) Maintenance of order within the Consultative Council and Chamber of Deputies is a matter for its President. and similarly the penalties for a member being in breach of the regulations or failing to attend chamber or committee sessions without acceptable excuse. Article 100 [Decorations] Members of the Consultative Council and Chamber of Deputies shall not be awarded medals or decorations during their term of membership. who is to cast the decisive vote in the event of a tie. They may co-opt such senior officials or their deputies as they may wish. (2) No armed force may enter either chamber of the National Assembly or remain in the vicinity of its doors unless so requested by its President. Article 93 [Ministerial Right to Speak. Fifteen members of the Consultative Council or the Chamber of Deputies are entitled to request proposing an amendment to the Constitution. The regulations for the course of business in both the Consultative Council and the Chamber of Deputies and their committees. it shall refer it to the Government to formulate it as a draft amendment of the Constitution or as a draft law and present it to the Chamber of Deputies during the same or succeeding period. the King may call such a meeting of his own initiative or at the request of the Prime Minister. Any member of the two chambers is entitled to propose laws. Article 98 [Economic Incompatibilities] (1) During his period of membership a member of the Consultative Council or the Chamber of Deputies may not be appointed to the board of directors of a company or participate in contracts concluded by the Government or public institutions except in those cases prescribed by law. and his place become vacant on a decision taken by two-thirds of the members of the chamber of which he is a member. Part 4 Provisions on the Convening of the National Assembly Article 101 [Sessions] In addition to the occasions when both chambers of Consultative Council and Chamber of Deputies. If taken by the Consultative Council. such amendment shall not take effect until the start of the next legislative season. Any proposal for a law which has been presented in accordance with the preceding paragraph and rejected by the chamber to which it was presented may not be re-represented during the same convening period. convene as a congress under the Constitution. that is the National Assembly. the member shall be further entitled to comment. and the principles governing debate. questioning. cross-examination and all the powers prescribed in the Constitution shall be prescribed by law.

for debate and referral to the Consultative Council to consider it in accordance with the provisions of the Constitution. the tasks of the office for delivery of formal legal opinions. (3) The King may refer to the Court any draft laws before they are adopted to determine the extent of their agreement with the Constitution. c. c. An exceptional budget running for more than one financial year may also be allocated for the disbursement referred to in the preceding clause. No authority shall prevail over the judgment of a judge. b. The budget may be prepared for more than one financial year. Under no circumstances may the maximum estimates of expenditure stated in the Budget Law and laws in amendment thereof be exceeded. The jurisdiction of military courts shall be confined to military offences committed by members of the Defence Force. The provisions governing the maintenance and management and the terms for the disposition of State property. the preparation of legislation. The financial year shall be prescribed by law. The provisions governing the collection of taxes. Consultative Council. Article 109 [Budget] a. the previous budget shall be adhered to until the law's promulgation. shall be prescribed by law. A ruling by the Court that a text in a law or a statute is unconstitutional shall have a direct effect. The approbations for each. and under no circumstances may the course of justice be interfered with. amended and abolished by law. The court's area of competence is to watch over the constitutionality of laws and statutes. A Higher Judicial Council shall be established by law to supervise the smooth running of work in the courts and their supporting organs. d. Article 108 [Public Loans] a. The State may lend or guarantee a loan by law within the credit limits prescribed for the purpose in the Budget Law. The law shall guarantee the right of the Government. The law shall lay down the provisions pertaining to the Public Prosecution Office. The Government shall prepare the draft overall annual budget of State revenue and expenditure and present it to the Chamber of Deputies at least two months before the end of the financial year. b. and the procedures for their disbursement. It does not extend to other persons except when martial law is declared and within the bounds prescribed by law. The budget shall be debated on the basis of the classification of its contents. d. shall be prescribed by law. The law guarantees the independence of the judiciary. The powers of the Higher Judicial Council in the functional affairs of judicial personnel and the Public Prosecution Office shall be prescribed by law. and the limits within which any part of such property may be assigned. b. and the law shall lay down the guarantees of judges and the provisions pertaining to them. d. Local bodies such as municipalities or public institutions may lend. Article 112 [Budget Law] The Budget Law may not contain any wording establishing a new tax. Court hearings shall be held in public except in exceptional cases prescribed by law. the National Guard. borrow or guarantee a loan in accordance with the laws relevant to them. No public revenue may be allocated for a particular expenditure except by law. b. as decided by the aforesaid law. The various types and degrees of the courts shall be regulated by law. The Court's determination is binding on all State authorities and on everyone. and the law shall state their functions and jurisdiction. shall be tabled in the successive annual budgets of the State. (2) The law shall state the regulations that ensure that the members of the Court are not liable to dismissal. and the Security Forces. the Chamber of Deputies and notable individuals and others to challenge before the Court the constitutionality of laws and statutes. The provisions governing advocacy shall be regulated by law. Public taxes shall only be established. b. and the probity and impartiality of judges. Any amendment can be introduced into the budget with the agreement of the Government. duties and costs within the bounds of the law. Public Prosecutor] a. Particular sums of money may be allocated to more than one financial year by law if the nature of the disbursement so requires. all of whom are appointed by a Royal Order for a period specified by the law. Chapter V Financial Affairs Article 107 [Taxes] a. If the Budget Law is not promulgated before the beginning of the financial year. and shall comprise a President and six members. A person may only be instructed to pay other taxes. or amending an existing . is the basis of government and the guarantee of rights and freedoms. Article 105 [Courts] a. State representation before the law. Article 111 [Funds] a. and personnel employed on such matters. and specifies the procedures that are followed before the Court. Article 106 [Constitutional Court] (1) A Constitutional Court shall be established. Thus if the Court's rule on unconstitutionality is related to a text in the penal code then the convictions made on the basis of such a text are deemed null and void.Page 25 of 203 Section 4 The Judicial Authority Article 104 [Independence. Public loans shall be contracted by law. The State general budget shall be promulgated by law. The honour of the judiciary. increasing an existing tax. c. unless the Court specifies a subsequent date for the purpose. duties and other public monies. f. e. b. Article 110 [Ex-Budgetary Disbursement] Any disbursement which is ex-budget or in excess of the budget estimates must be made by operation of law. and revenue shall be collected and expenditure disbursed in accordance with the laws in force at the end ofthat year. and persons shall only be exempted from paying them wholly or in part in those cases prescribed by law. c.

and the law shall guarantee its independence. in articles other than those pertaining to the penal code. The provisions governing the budgets and final accounts of municipalities and local public institutions shall also be laid down by law. shall be laid down by law. and have no retroactive effect. Any monopoly shall only be awarded by law and for a limited time. 1980 Referendum . It shall assist the Government and the Chamber of Deputies in controlling the collection of State revenues and the disbursement of its expenditure within the budget limits. and they shall be subject to the provisions governing the State budget and its final account. The application of this Constitution does not breach the treaties and agreements which Bahrain has concluded with states and international organisations. measures and standards. laws by Decree. that its provisions have a retroactive effect. or avoiding the promulgation of a law on a matter for which the Constitution provides that it shall be regulated by law. The Office shall submit an annual report on its business. and the amendment must be approved by the King. { Signed by: Hamad bin Isa Al Khalifa } THE CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT (After the Amendments Ratified on May 22. Article 123 [Martial Law] It is impermissible to suspend any provision of this Constitution except during the proclamation of martial law. b. If an amendment to the Constitution is refused. Decrees. the measures taken to implement the budget approbations in force. d. Exceptionally to the provision of the second clause of Article 38 of this Constitution. It is not permissible to propose an amendment to Article 2 of this Constitution. Article 117 [Concessions. c and d of Article 35 of this Constitution. unless amended or rescinded in accordance with the regulations prescribed in this Constitution. Banking. Article 124 [Coming Into Force] The provisions of the laws apply only to what occurs from the date the laws came into force. Article 116 [Financial Control Office] A Financial Control Office shall be established by law. Article 113 [Final Account] The final account of the financial affairs of the State for the year elapsed shall be submitted firstly to the Chamber of Deputies during the five months following the end of the financial year. Article 119 [Public Salaries] The law shall regulate emoluments. or if circumstances require it. Standards] The law shall regulate cash and the banks. Article 118 [Currency. accompanied by their observations. the National Assembly. The preliminary procedures shall ensure that the search and exploration work are facilitated and that openness and competition are realized.Page 26 of 203 law. and shall regulate weight. The powers of the King stated in this Constitution may not be proposed for amendment in an interval during which another person is acting for him. Chapter VI General and Final Provisions Article 120 [Constitutional Amendments] a. It shall be approved by a decision rendered by both the Consultative Council and Chamber of Deputies. or during the proclamation of a state of national safety. Any commitment to exploit a natural resource or a public utility shall be only by operation of law and for a limited time. with the agreement of the majority of the members of both the Consultative Council and the Chamber of Deputies. pensions. It is not permissible under any circumstances to suspend the convening of the Consultative Council or the Chamber of Deputies during that period or to infringe upon the immunity of their members. and shall be published in the Official Gazette. for any provision of this Constitution to be amended the amendment must be approved by a two-thirds majority of the members of whom both the Consultative Council and Chamber of Deputies are composed. c. statutes. and within the limits prescribed by the law. Article 115 [Budget Bill] Together with the draft annual budget the Government shall present the Chamber of Deputies with a statement on the financial and economic condition of the State. edicts and circulars that have been issued and are in force prior to the first meeting convened by the National Assembly remain proper and valid. and their final accounts. with its observations. Monopolies] a. The law may state.Partial Reproduction) . Article 122 [Promulgation of Laws] Laws are published in the Official Gazette within two weeks of their issue. Article 114 [Accounting Procedures] The provisions pertaining to independent public budgets. their appendices. b. Article 121 [Former Treaties and Laws] a. Article 125 [Promulgation of this Constitution] This amended Constitution shall be published in the Official Gazette. relief and remuneration being a charge on the State Treasury. to both the Government and the Chamber of Deputies. and are enforced one month after the date of their publication. as well as the bi-cameral system and the principles of freedom and equality established in this Constitution. it may not be re-submitted earlier than one year from that refusal. compensation. orders. and the effect of the whole thereof on the new draft budget. and shall be effective from the date of its publication. and it is not permissible under any circumstances to propose the amendment of the constitutional monarchy and the principle of inherited rule in Bahrain. all laws. b. Exceptionally to clauses b. and this period may be shortened or prolonged if the law specifically prescribed it.

and in the name of God and with His assistance declare on the Eleventh of September 1971 that we accept and grant ourselves this Constitution. through deep awareness and refined sensibility. Peace to our world Being determined that peace can only be based on justice and that political and social progress of all peoples can only be realized through the freedom and independent will of these peoples. confidence and faith in all our national and international responsibilities. cultural and intellectual freedom and the fight against all forces and remnants of regression domination and exploitation on the other hand. Freedom For The Humanity Of The Egyptian Man Having realized that man‘s humanity and dignity are the torches that guide and direct the course of the enormous development of mankind towards its supreme ideals. national independence and affiliation on the one hand and the worldwide struggle of humanity for political economic. These experiences finally took shape in the basic documentations of the July. fields. in this modern age. Chapter one: The State Art. the Egyptian people. assuring our respect for it. Unity The hope of our Arab Nation being certain that Arab Unity is a call of history and future and an inevitable destiny which can only materialize through an Arab Nation capable of warding off any threat whatever may be the source or the pretexts justifying it. political and social freedom. and in recognition of the right of our nation as well as of the principle and responsibility of mankind. who have been toiling on this glorious land since the dawn of history and civilization. We. We the working masses of the people of Egypt . asserting our firm determination to defend and protect it. This people have been able. we the people working in Egypt‘s villages. factories. it is . Our people have passed through successive experiences. and in acknowledgment of God‘s right and His messages. for each individual is a cornerstone in the edifice of the homeland . . The sovereignty of law is not only a guarantee for the freedom of the individual but is also the sole basis for the legality of authority. by which they have been guided. a safety valve protecting the unity of the working powers of the nation and eliminating contradictions within these forces through democratic interaction . bear the responsibility of great present and future objectives whose seeds are embedded in the long and arduous struggle. the people of Egypt. but that the driving force behind it is the release of all potentials of creativity and originality in our people. the people who believe in its spiritual and immortal heritage and who are confident in our profound faith and cherish the honour of man and of humanity at large. in the name of God and with His assistance pledge to indefinitely and unconditionally exert every effort to realise:- The dignity of every individual is natural reflection of the dignity of his nation. We. centers of education and industry in any field of work which contributes to the creation of life on its soil or plays a part in the honour of defending this land We. 23rd Revolution led by the alliance of the working forces of our struggling people . with its climate and ways . to retain the genuine core of this revolution and to continuously rectify its path and to realize through it full integration between science and faith. with which the banners of liberty. The Constant Development Of Life In Our Nation Being convinced that the true challenge confronting nations is the realization of progress and that such progress does not occur automatically or through slogans alone.out of determination. This homeland derives its strength and prestige from the value of each individual.Page 27 of 203 Egypt 1972 We. who have asserted at all times their contribution to civilization and humanity through work alone. cities. and that any civilization is not worthy of its name unless it is free from exploitation whatever its form. The alliance of the popular working forces is not a means for social conflict towards historical development. the people who in addition to preserving the legacy of history.1*: The Arab Republic of Egypt is a Socialist Democratic State based on the alliance of the working forces of the people. meantime offering rich experiences on both the national and international levels. his activity and dignity . socialism and unity have been hoisted along the great march of the Arab Nation. The Egyptian people are part of the Arab Nation and work for the realization of its comprehensive unity.

and the principal source of legislation is Islamic Jurisprudence (Sharia). in a manner preventing exploitation. raising the standard of living.9: The family is the basis of the society founded on religion. solving the problem of unemployment. Art. Art. unemployment.25: Every citizen shall have a share in the national revenue to be defined by law in accordance with his work or his unexploiting ownership.Page 28 of 203 Art. with a view to linking all this with the requirements of society and production. except by virtue of the law. martyrs‘ wives and children shall have priority in work opportunities according to the law. moral and national values.13: Work is a right. a duty and an honour ensured by the State.5*: The political regime of the Arab Republic of Egypt is based upon the multi-party system within the framework of the basic principles and components of the Egyptian society stipulated by the Constitution . Art. The law shall guarantee for the small farmers and small craftsmen 80%of the membership on the boards of directors of the agricultural and industrial co-operatives. Art. Arabic is its official language. Art.24: The people shall control all means of production and direct their surplus in accordance with development plan laid down by the State.while affirming and promoting this character in the interplay of relations within the Egyptian society. Art.11: The State shall guarantee coordination between woman‘s duties towards her family and her work in the society.with all values and traditions represented by it. Protecting the means of production is a national duty . considering her equal to man in the political.23: The national economy shall be organised in accordance with a comprehensive development plan which ensures raising the national income.22: The institution of civil titles shall be prohibited. socialist conduct and public manners within the limits of the law.12: Society shall be committed to safeguarding and protecting morals.3: Sovereignty is for the people alone who will practise and protect this sovereignty and safeguard national unity in the manner specified by the Constitution Art. Art.6: Egyptian Nationality is defined by law. Art. The State guarantees the protection of public officers in the performance of their duties in safeguarding the interests of the people.18: Education is a right guaranteed by the State.17: The State shall guarantee social and health insurance services. They shall be committed to the development of production and the implementation of the plan in their production units. which are assigned to those who shall occupy them in the service of people. Chapter Two Part One: Social and Moral Constituents Art. Political parties shall be organized by law Art. Art. protecting legitimate earnings and guaranteeing justice in the distribution of public responsibilities and expenditures . and old-age in accordance with the law. Distinguished workers shall be worthy of the appreciation of the State and the society. Art. The State shall supervise all branches of education and guarantee the independence of universities and scientific research centers. scientific facts. cultural and economic spheres without detriment to the rules of Islamic jurisprudence (Sharia). Art.19: Religious education shall be a principal subject in the courses of general education. It is obligatory in the primary stage. Art.2*: Islam is the Religion of the State.20: Education in the State: Educational institutions shall be free of charge in their various stages. Workers shall be represented on the boards of directors of the public sector units by at least 50% of the number of members of these boards. Art. They may not be dismissed by Part Two: Economic Constituents Art.8: The State shall guarantee equality of opportunity to all Egyptians.4*: The economic foundation of the Arab Republic of Egypt is the socialist democratic system based on sufficiency and justice. other than the disciplinary way except in the cases specified by the law. social. No work shall be imposed on citizens. The State is keen to preserve the genuine character of the Egyptian family. All citizens shall have the right to pensions in cases of incapacity. in accordance with the law. The State shall work to extend obligation to other stages. increasing work opportunities.16: The State shall guarantee cultural. Art. Art.26: Workers shall have a share in the management and profits of projects . promoting the genuine Egyptian traditions and abiding by the high standards of religious education. Art.21: Combating illiteracy shall be a national duty for which all the people‘s capacity shall be mobilized. fair distribution. morality and patriotism. fixing a minimum and maximum limit for wages in a manner that guarantees lessening the disparities between incomes Art. connecting wages with production.15: War veterans and those injured during wars or because of them . narrowing the gap between incomes. .14: Citizens are entitled to public offices. social and health services and shall work to ensure them particularly for villagers in an easy and regular manner in order to raise their standard . Art. Art. the historical heritage of the people. for the performance of a public service and in return for a fair remuneration.7: Social solidarity is the basis of society . The State is committed to abiding by these principles and promoting them.

Chapter Three: Public Freedoms. ethnic origin. Its protection and support shall be the duty of every citizen in accordance with the law as it is considered the mainstay of the strength of the homeland.44: Homes shall have their sanctity and they may not be entered or inspected except by a causal judicial warrant as prescribed by the law. Art. Correspondence. encouraged and organized by the State. The State shall endeavour to support agricultural cooperatives according to modern scientific bases. Art. Art. Art.41: Individual freedom is a natural right not subject to violation except in cases of flagrante delicto. Art.37: The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural labourer from exploitation and asserting the authority of the alliance of the people‘s working forces in villages. Art.46: The State shall guarantee the freedom of belief and the freedom of practising religious rights. He may not be detained or imprisoned except in places defined by laws organizing prisons. Art. Art.45: The law shall protect the inviolability of the private life of citizens.33: Public ownership shall have its sanctity. publication and mass media shall be guaranteed . Art. Art. wires.39: Saving is a national duty protected. co-operative ownership and private ownership.28: The State shall look after the co-operative establishments in all their forms and encourage handicrafts with a view to developing production and raising income .42: Any citizen arrested. Every individual shall have the right to express his opinion and to publicise it verbally. telephone calls and other means of communication shall have their own sanctity and their secrecy shall be guaranteed. There are three kinds of ownership: public ownership. artistic and cultural creativity and provide the necessary means for encouraging their realization.40: All citizens are equal before the law. This order shall be given by the competent judge or the Public Prosecution in accordance with the provisions of the law. publications and mass media in matters related to public safety or for purposes of national security in accordance with the law. printing. Art. Art. No person may be arrested.35: Nationalization shall not be allowed except for considerations of public interest and in accordance with a law and against a compensation. The ways of its utilization should not contradict the general welfare of the people. Art. In a state of emergency or in time of war. inspected. Art. language. Art. Private confiscation shall not be allowed except by a judicial decision. Art.43: Any medical or scientific experiment may not be performed on any person without his free consent. The law shall organize the performance of its social function in the service of the national economy within the framework of the development plan.Page 29 of 203 Art. They have equal public rights and duties without discrimination due to sex.30: Public ownership is the ownership of the people and it is confirmed by the continuous support of the public sector. Art. It may not be expropriated except for the general good and against a fair compensation as defined by law. it shall be considered invalid and futile. No physical or moral harm is to be inflicted upon him. Art.49: The State shall guarantee for citizens the freedom of scientific research and literary. without deviation or exploitation. detained or whose freedom is restricted shall be treated in a manner concomitant with the preservation of his dignity.32: Private ownership shall be represented by the unexploiting capital. The right of inheritance shall be guaranteed in it. Rights and Duties . Art. Art. Art.38: The tax system shall be based on social justice Art.34: Private ownership shall be safeguarded and may not be placed under sequestration except in the cases defined by law and in accordance with a judicial decision .27: Beneficiaries shall participate in the management of the services projects of public interest and their supervision in accordance with the law.29: Ownership shall be under the supervision of the people and the protection of the State. Art. in writing.48: Liberty of the press. The public sector shall be the vanguard of progress in all spheres and shall assume the main responsibility in the development plan.36: General confiscation of funds shall be prohibited . Censorship on newspapers shall be forbidden as well as notifying. by photography or by other means of expression within the limits of the law. Art. They may not be confiscated or monitored except by a causal judicial warrant and for a definite period and according to the provisions of the law. detained or have his freedom restricted in any way or be prevented from free movement except by an order necessitated by investigations and the preservation of public security. If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion.50: No citizen shall be prohibited form residing in any place or be forced to reside in a particular place except in cases defined by law. religion or creed. suspending or cancelling them by administrative methods. The law shall guarantee its protection and self-management. Self criticism and constructive criticism shall guarantee the safety of the national structure.31: Co-operative ownership is the ownership of the co-operative societies. a limited censorship maybe imposed on the newspapers.47: Freedom of opinion shall be guaranteed. a basis for the socialist system and a source of prosperity for the people.51: No citizen may be deported from the country or prevented from returning to it.

whose criminal and civil lawsuit is not liable to prescription. The establishment of societies whose activities are hostile to the social system. nominate and express their opinions in referenda according to the provisions of the law.52: Citizens shall have the right to permanent or temporary emigration The law shall regulate this right and the measures and conditions of emigration. In this case. Art. Art.57: Any assault on individual freedom or on the inviolability of the private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law shall be considered a crime. those whom the sentence is in favour of .64: The Sovereignty of the law is the basis of State rule. Any provision in the law stipulating the immunity of any act or administrative decision from the control of the judicature shall be prohibited. Art. and programmes raising the standard of efficiency. Art. shall have the right to sue a direct penal lawsuit before the competent court. with the charges directed against him.Page 30 of 203 Art. Chapter Four: Sovereignty of the Law Art. Art. There shall be no crime or penalty except by virtue of the law. Any person may lodge a complaint to the courts against any measure taken to restrict his personal freedom.55: Citizens shall have the right to form societies as defined by law.66: Penalty shall be personal. Art. The extradition of political refugees shall be prohibited. the President of the Republic shall take urgent measures to face this danger. and every citizen has the right to refer to his competent judge. The State shall grant a fair compensation to the victim of such an assault.53: The right to political asylum shall be granted by the State to every foreigner persecuted for defending the people‘s interests. Addressing public authorities should not be in the name of groups with the exception of disciplinary organs and legal person.63: Every individual shall have the right to address public authorities in writing and with his own signature. and the rapidity of statuting on cases. Art. Such private meetings should not be attended by security men.54: Citizens shall have the right to peaceful and unarmed private assembly. They are responsible for questioning their members about their behaviour in exercising their activities according to certain codes of morals.67: Any defendant is innocent until he is proved guilty before a legal court. Art. He must be notified. Likewise refraining from executing sentences or obstructing them on the part of the concerned civil servants shall be considered a crime punishable by law. clandestine or have a military character shall be prohibited.72: Sentences shall be passed and executed in the name of the people. Their participation in public life is a national duty. Art. Art. in which he is granted the right to defend himself .70: No penal lawsuit shall be sued except by an order from a judicature organ with the exception of cases defined by law. Art. human rights. processions and gatherings shall be allowed within the limits of the law.62: Citizen shall have the right to vote.59: Safeguarding. He shall have the right to communicate with whoever he sees fit and inform them of what has taken place and to ask for help in the way organized by law.60: Safeguarding national unity and keeping State secrets shall be the duty of every citizen. Art. Chapter Five Part One: The Head of the State Art. The Law shall regulate the right of complaint in a manner ensuring a decision regarding it within a definite period or else release shall be imperative. as soon as possible. Every person accused of a crime must be provided with counsel for his defence.68: The right to litigation is inalienable for all.61: Payment of taxes and public imposts is a duty as defined by law.65: The State shall be subject to law. Art. Art. and safeguarding their funds.74: If any danger threatens the national unity or the safety of the motherland or obstructs the constitutional role of the State institutions. peace or justice . direct a statement to the people and conduct a referendum on those measures .56: The creation of syndicates and unions on democratic basis shall be guaranteed by law and shall have a legal person. He shall safeguard national unity and the socialist gains and maintain the limits between authorities in a manner to ensure that each shall perform its role in the national action. Art. The independence and immunity of the judicature are two basic guarantees to safeguard rights and liberties. The law regulates the participation of syndicates and unions in carrying out the social plans.58: Defence of the motherland is a sacred duty and conscription shall be obligatory in accordance with the law. Art. consolidating and preserving the socialist gains shall be a national duty. Art. Art. consolidating socialist behaviour among their members.71: Any person arrested or detained shall be informed forthwith of the reasons for his arrest or his detention. He shall assert the sovereignty of the people.73: The Head of the State is the President of the Republic . Art. The law shall grant the financially incapable citizens the means to resort to justice and defend their rights. The State shall guarantee the accessibility of the judicature organs to litigants. and for defending the rights and liberties of their members as defined by law. without the need for prior notice.69: The right of defence in person or by power of attorney shall be guaranteed. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing them. Public meetings. Art. No penalty shall be inflicted except by a judicial sentence. respect for the Constitution and the supermacy of the law.

If the candidate does not obtain this majority. The People‘s Assembly shall then proclaim the vacancy of the office of President . Nor may he acquire or take or lease any state property. The Vice-President shall take over the Presidency temporarily until the decision concerning the impeachment is taken. Art.84: In case of the vacancy of the Presidential office or the permanent disability of the President of the Republic. In case he is found guilty. The candidate who obtains two thirds of the votes of the members of the People‘s Assembly shall be referred to the people for a plebiscite .76: The People‘s Assembly shall nominate the President of the Republic . Art. Art. due to any temporary obstacle. Art.86: The People‘s Assembly shall exercise the legislative power. Should this term expire without the choice of a new President for whatever reason. Art. Art.90: Before exercising his duties. to respect the Constitution and the law. In case the People‘s Assembly is dissolved at such a time the President of the Supreme Constitutional Court shall take over the Presidency on condition that neither one shall nominate himself for the Presidency. while the ballot shall be conducted under the supervision of the members of a judiciary organ. The number of the elected members of the People‘s Assembly must be at least 350 members of whom one half at least must be workers and farmers elected by direct secret pubic balloting. The new President shall be selected at least one week before the expiration of the term. attend to the interests of the people and shall respect the . is unable to carry out his functions. If he does not obtain the said majority the nomination process shall be repeated two days after the first vote. Art. Art. and to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland". financial or industrial activity.89: Employees of the State and the public sector may nominate themselves for membership in the People‘s Assembly with the exception of cases determined by law.83: In case of resignation. Art.79: Before exercising his functions.75: The President of the Republic should be an Egyptian born to Egyptian parents and enjoy civil and political rights. Any amendment in the salary shall not be applicable during the presidential term in which such an amendment is decided upon . the former President shall continue to exercise his functions until his successor is elected. the Speaker of the People‘s Assembly shall temporarily assume the Presidency. the Assembly shall propose the nomination of another candidate and the same procedure shall follow concerning his candidature and election. The President of the Republic may appoint a number of members not exceeding ten.85: Any charge against the President of high treason or of committing a criminal act shall be made upon a proposal by at least one third of the members of the People‘s Assembly . the republican regime. Art. while his former work or post shall be preserved for him as determined by law. Art. The candidate obtaining an absolute majority of the votes of the Assembly members shall be referred to the citizens for a plebiscite.80: The salary of the President of the Republic shall be fixed by law. Art. Art. approve the general policy of the State. The President of the Republic shall be suspended form the exercise of his duties as from the issuance of the impeachment . The nomination shall be referred to the people for a plebiscite.88: The Law shall determine the conditions which members of the Assembly must fulfil as well as the rules of election and referendum. the member of the People‘s Assembly shall take the following oath before the Assembly: " I swear by God Almighty that I shall sincerely safeguard the safety of the nation.Page 31 of 203 within sixty days of their adoption. It shall exercise control over the work of the executive authority in the manner prescribed by the Constitution.77**: The term of the presidency shall be six Gregorian years starting from the date of the announcement of result of the plebiscite. the general plan of economic and social development and the general budget of the State. Art. The President of the Republic shall be tried by a special Tribunal set up by law. The nomination for the President of the Republic shall be made in the People‘ Assembly upon the proposal of at least one third of its members. the President of the Republic shall address his letter of resignation to the People‘s Assembly. he shall be relieved of his post without prejudice to other penalties. The President of the Republic may be re-elected for other successive terms. His age must not be less than 40 Gregorian years.82: In case the President of the Republic . The member of the People‘s Assembly shall devote himself entirely to his duties. The Law shall determine the definition of the worker and the farmer. No impeachment shall be issued except upon the approval of a majority of two-thirds of the Assembly members. sell to or exchange with the State any property of his whatsoever.87: The law shall determine the constituencies into which the State shall be divided. The law shall also organize the trial procedures and define the penalty. The President of the Republic may not receive any other salary or remunerations. he shall delegate his powers to a Vice-President.78: The procedures for the choice of a new President of the Republic shall begin sixty days before the expiration of the term of the President in office. Art. Part Two: The People's Assembly Art. The candidate shall be considered President of the Republic when he obtains an absolute majority of votes cast in the plebiscite. the President shall take the following oath before the People‘s Assembly: "I swear by Almighty God to uphold the Republican system with loyalty.81: During his term of office the President of the Republic may not exercise any free profession or undertake any commercial. The President of the Republic shall be chosen within a maximum period of sixty days form the date of the vacancy of the Presidential office.

The Court of Cassation shall be competent to investigate the validity of contestations on membership presented to the Assembly after referring them to the Court by the Speaker of the Assembly. This may not take place until the general budget of the state is approved. under exceptional circumstances.105: The People‘s Assembly alone shall be entitled to preserve order inside it. Such authorization must be for a limited period of time and must point out the subjects of such resolutions and the grounds upon which they are based . Art. in case of necessity or in exceptional cases and on the authorization of the People‘s Assembly.99: Except in cases of flagrante delicto. Art. The session of the ordinary meeting shall continue for at least seven months. However. The President of the Republic shall declare the ordinary session closed .97: The People‘s Assembly alone may accept the resignation of its members.96: No membership in the People‘s Assembly shall be revoked except on the grounds of loss of confidence or status or loss of one of the conditions of membership or the loss of the member‘s status as worker or farmer upon which he was elected or the violation of his obligations as a member.Speakers for the term of the session. the Assembly may. The Assembly shall adopt its resolutions by an absolute majority of its attending members. Art. the Assembly shall elect a replacement. In case of a tie vote. the permission of the Speaker of the Assembly must be taken. or upon request signed by a majority of the Assembly members.104: The People‘s Assembly shall lay down its own rules of procedure organizing the manner in which it fulfills its tasks. during his term. importer or contractor. If it is not convoked. If they are not submitted or if they are submitted and not approved by the Assembly . Art. Art. However.101: The President of the Republic shall convoke the People‘s Assembly for its ordinary annual session before the second Thursday of November . Art. The Assembly shall then decide whether the debate on the question submitted to it shall take place in a public meeting or in a meeting in camera.108: The President of the Republic shall have the right.95: No member of the People‘s Assembly shall. in case of necessity.98: Members of the People‘s Assembly shall not be censured for any opinions or thoughts expressed by them in the performance of their tasks in the Assembly or its committees. Any meeting of the Assembly in other than its designated seat is illegal and the resolutions passed in it shall be considered invalid. Art.Page 32 of 203 Constitution and the law". or the Prime Minister or of at least twenty of its members. a meeting in camera may be held at the request of the President of the Republic. Art. If the Assembly is not in session .100: The seat of the People‘s Assembly shall be Cairo. the Assembly shall meet by force of the Constitution on the said date.102: The President of the Republic may call the People‘s Assembly to an extraordinary session. a successor shall be elected or appointed to it. to issue resolutions having the force of law.94: If the seat of a member becomes vacant before the end of his term. Memberships shall not be deemed invalid expect by a decision taken by a majority of two-thirds of the Assembly members. in the first meeting of its ordinary annual session. meet in another city at the request of the President of the Republic or the majority of the Assembly members. Elections for the renewal of the Assembly shall take place within the sixty days preceding the termination of its term. The term of the new member shall extend until the end of the term of his predecessor. whose term will last until the end of his predecessor‘s term. purchase or rent any state property or sell or lease to the state or barter with it regarding any part of his property. Art.107: The meeting of the Assembly shall be considered invalid unless the majority of its members are present. The resolutions must be submitted to the People‘s Assembly at its first meeting after the end of the authorization period. The President of the Republic shall announce the dismissal of the extraordinary session. The result of the investigation and the decision reached by the Court shall be submitted to the Assembly to decide upon the validity of the contestation within sixty days from the date of submission of the result of the investigation to the Assembly. If the seat of anyone of them is vacated. Art. Art. or the Government. Art. The membership shall be deemed invalid on the grounds of a decision taken by two-thirds of the Assembly members. Art. a Speaker and two Deputy . no member of the People‘s Assembly shall be subject to a criminal prosecution without the permission of the Assembly. Art. or conclude a contract with the State in his capacity as entrepreneur. A separate vote will be taken on each article of the draft laws. they shall .106: The meeting of the People‘s Assembly shall be public. within sixty days from the date of the communication to the Assembly of the occurrence of the vacancy . Art.103: The People‘s Assembly shall elect. in cases other than those for which a specific majority is required. The Assembly must be notified of the measures taken in its first subsequent session. The contestation shall be referred to the Court of Cassation within fifteen days as from the date on which the Assembly has been informed thereof while the investigation shall be completed within ninety days from the date on which the contestation is referred to the Court of Cassation.93: The People‘s Assembly shall be competent to decide upon the validity of the membership of its members. the question on which the debate has taken place shall be rejected.92: The duration of the People‘s Assembly term shall be five Gergorian years starting from the date of its first meeting. Art. The Speaker of the Assembly shall be entrusted with this task. Art. Art.91: The members of the People‘s Assembly shall receive a remuneration determined by law.

Page 33 of 203 cease to have the force of law.No one may be asked to pay additional taxes or imposts except in the cases specified by law. . Each minister shall be responsible for the affairs of his ministry. as well as the cases excepted from these rules and the authorities charged with their application. the old budget shall be acted on pending such ratification.113: If the President of the Republic objects to a draft law ratified by the People‘s Assembly. pensions. Art. Art. Draft laws presented by members of the People‘s Assembly shall not be referred to these committees unless they are first referred to a special committee which will study them and give an opinion on the suitability of their consideration by the Assembly and after the Assembly decides to consider them.116: The approval of the People‘s Assembly shall be considered necessary for the transfer of any funds from one title of the budget to another.112: The President of the Republic shall have the right to promulgate laws or object to them. If it is referred back to the Assembly on the said date and approved once again by a majority of twothirds of the members. In case the ratification of the new budget does not take place before the beginning of the new fiscal year. Each title shall be voted upon separately and issued by a law.124: Every member of the People‘s Assembly shall be entitled to address questions to the Prime Minister or to any of his deputies or the Ministers or their deputies concerning matters within their jurisdiction.117: The law shall determine the provisions regulating the budgets and accounts of public organizations and institutions. The annual report of the Central Agency for Accounting and its observations must be submitted to the People‘s Assembly. Art. Art. this same question may not be transformed into an interpellation in the same session. The law shall determine the manner of preparing the budget and determine the fiscal year. subsidies and bonuses from the State treasury. Art.126: The Minister shall be responsible for the general policy of the State before the People‘s Assembly. Art. Art. except in the cases of urgency as decided by the Assembly and with the Government‘s consent.122: The rules governing the granting of salaries. as well as for any expenditure not included in it or in excess of its estimates. Art. The People‘s Assembly shall not make modifications in the draft budget except with the approval of the government. The Assembly has the right to demand from the Central Agency for Accounting any data or other pertinent reports. Art. he shall refer it back to the Assembly within thirty days from the Assembly‘s communication of it. Art. except with the approval of the People‘s Assembly. The Prime Minister.119: The imposition.110: Every draft law shall be referred to one of the committees of the Assembly which will study it and submit a report concerning it. indemnities. The manner of the preparation of the plan and of its submission to the People‘s Assembly shall be determined by law. Art. Art.114: The People‘s Assembly shall approve the general plan for economic and social development. If the draft law is not referred back within this period. Art. the Ministers and the persons they delegate on their behalf shall answer the questions put to them by members. It is considered a law and shall be promulgated. Art. shall be determined by law. and upon a motion proposed by one tenth the members of the Assembly.109: The President of the Republic and every member of the People‘s Assembly shall have the right to propose laws. it shall be considered a law and shall be promulgated.111: Every draft law proposed by a member and rejected by the Assembly cannot be presented again in the course of the same session. Art. his deputies. Debate on an interpellation shall take place at least seven days after its submission.123: The law shall determine the rules and procedures for granting concessions related to the investment of natural resources and public utilities. The Assembly shall not decide on such a motion until after at least three days from the date of its presentation.121: The Executive Authority shall not contract a loan. It shall also define cases where it is permitted to dispose free of charge.120: The basic rules for collection of public funds and the procedure for their disbursement shall be regulated by law. A motion of no confidence should not be submitted except after an interpellation.115: The draft general budget of the State shall be submitted to the Assembly at least two months before the beginning of the fiscal year. Each chapter of the draft budget shall be voted upon separately and shall be promulgated by law. The member may withdraw his question at any time. The People‘s Assembly may decide to withdraw its confidence from any of the Prime Minister‘s deputies or from any of the Ministers or their deputies. Withdrawal of confidence shall be pronounced by the majority of the members of the Assembly. Art. Art. Art. It shall not be considered in effect unless it is approved by the Assembly. modification or abolition of general taxes cannot be effected except in the cases decreed by law. of real estate property belonging to the State and the ceding of its movable property and the rules and regulations organizing such procedures. or bind itself to a project entailing expenditure of public funds from the State Treasury in the course of a subsequent period.118: The final account of the State budget shall be submitted to the People‘s Assembly within a period not exceeding one year from the date of the expiration of the fiscal year. No one may be exempted from their payment except in the cases specified by law. These shall be issued by law.125: Every member of the People‘s Assembly shall be entitled to address interpellations to the Prime Minster or his deputies or the Ministers and their deputies concerning matters within their jurisdiction.

The Assembly is entitled to discuss the statement of the President of the Republic. The new Assembly shall convene during a period of ten days following the completion of elections. the Ministers and their deputies may become members of the People‘s Assembly. Art. Art. Art.141: The President of the Republic shall appoint the Prime Minister.134: The Prime Minister. They may ask for the assistance of the highranking officials of their choice. In the event that such responsibility is determined. his deputies. the President of the Republic shall deliver a statement of the general policy of the State. If the total majority of the voters approve the dissolution of the Assembly.Page 34 of 203 Art. on a proposal by onetenth of its members. the President of the Republic shall issue a decision terminating the sessions of the Assembly and conducting a referendum within thirty days. the President of the Republic shall accept the resignation of the Cabinet. the President of the Republic may put the subject of discord to a referendum. Art. he shall resign his office. All executive and administrative bodies shall answer the demands of the committee and put under its disposal all the documents and evidence it demands for this purpose. Those of them who are not members may attend the sessions and committee meetings of the Assembly. The President of the Republic may return such a report to the Assembly within ten days. the Ministers and their deputies and relieve them of their posts. The People‘s Assembly is entitled to discuss such a programme. the Assembly shall submit a report to the President of the Republic including the elements of the subject. If the result of the referendum is in support of the Government.finding and informing the Assembly as to the actual financial.129: Any twenty members at least. the Assembly shall be considered dissolved. Art. In such a case. Art. If the Assembly ratifies it once again. or administrative or economic situation thereof. Art. He may also make other statements before the Assembly. Such a referendum shall be held within thirty days from the date of the last ratification of the Assembly. When taking votes a minister shall have no counted vote unless he is a member. It may not be taken except after an interpellation addressed to the Government and after at least three days from the date of its presentation.128: If the Assembly withdraws its confidence from any of the Prime Minister‘s deputies or the Ministers or their deputies.138: The President of the Republic.139: The President of the Republic may appoint one or more Vice-Presidents define their jurisdiction and relieve them of their posts. his deputies.135: The Prime Minister and the Ministers shall have the right to be heard in the Assembly sessions and committee meetings whenever they ask for the floor. otherwise. the conclusions reached on the matter and the reasons behind them.132: At the inaugural meeting of the ordinary session of the People‘s Assembly. and the diplomatic representatives and dismiss them in the manner prescribed . shall lay down the general policy of the state and shall supervise its implementation in the manner prescribed in the Constitution. Such a decision should be taken by the majority of the members of the Assembly. Art. In such a case the Assembly sessions shall be terminated. for the purpose of fact .136: The President of the Republic shall not dissolve the People‘s Assembly unless it is necessary and after a referendum of the People. the Prime Minister shall submit the programme of his Government. such a committee shall be entitled to collect whatever evidence it deems necessary and to subpoena all those it needs.130: The members of the People‘s Assembly shall be entitled to express their opinions concerning public questions before the Prime Minister or any of his deputies or of the Ministers. The decision dissolving the Assembly shall comprise an invitation to the electors to conduct new elections for the People‘s Assembly within a period not exceeding sixty days from the date of the declaration of the referendum results." Art. Part Three: The Executive Authority First Branch: The President of the Republic Art. Art.127: The People‘s Assembly shall determine the responsibility of the Prime Minister.137: The President of the Republic shall assume executive power and shall exercise it in the manner stipulated in the Constitution. Art. to look after the interests of the People in full and to safeguard the independence and territorial integrity of the motherland. or for conducting investigations into a subject related to one of the said activities. He shall also preside over the meetings he attends and is entitled to demand reports from the Ministers.131: The People‘s Assembly may form an ad hoc Committee or entrust any of its committees with the inspection of the activities of any of the administrative departments or the general establishments or any executive or administrative organ or any of the public projects. Art. In the course of its work.140: Before exercising his functions the VicePresident of the Republic shall take the following oath before the President of the Republic : " I swear by Almighty God to uphold the Republican system with loyalty to respect the Constitution and the Law.133: After the formation of the Cabinet and at the inaugural meeting of the ordinary session of the People‘s Assembly. The Prime Minister shall submit his resignation to the President of the Republic if he is found responsible before the People‘s Assembly. Art. in conjunction with the cabinet. Art. The rules relating to the calling to account of the President of the Republic shall be applicable to the Vice-Presidents. Art.142: The President of the Republic shall have the right to convoke the Cabinet and to attend its meetings. of the People‘s Assembly may ask for the discussion of a public question to ascertain the Government‘s policy regarding such a question. the President of the Republic shall issue the decision of dissolution.143: The President of the Republic shall appoint the civil and military officials.

154: Whoever is appointed Minister or Deputy Minister must be an Egyptian. their force of law disappears with retroactive effect. Second Branch: The Government Art. Preparing the draft of the general budget of the State. Directing.155: Before exercising their functions. Art. Art.Page 35 of 203 by the law.159: The President of the Republic and the People‘s Assembly shall have the right to bring a Minister to trial for crimes committed by him in the performance of his duties or due to them .149: The President of the Republic shall have the right of granting amnesty or commuting a sentence. They shall have the force of law after their conclusion. which may not be extended unless by approval of the Assembly. The decision of the People‘s Assembly to charge a Minister shall be adopted upon a proposal submitted by at least one-fifth of its members . unless the Assembly has ratified their validity in the previous period or settled their effects in another way. It shall be composed of the Prime Minister. to take measures which cannot suffer delay. He shall have the right to vest others with authority to issue them. the members of the cabinet shall take the following oath before the President of the Republic: " I swear by Almighty God to uphold the Republican system with loyalty. If they are not submitted. co-ordinating and following up the work of the ministries and their different administrations as well as public organizations and institutions. Art. their force of law disappears with retroactive effect without having to take a decision to this effect. Preparing the draft of the State‘s overall plan. shall be for a limited period. Art. peace treaties. General Amnesty can only be granted by virtue of a law. a commercial. F. Art. The Prime Minister shall supervise the work of the Government. or exempt them from execution. If they are submitted to the Assembly and are not ratified. maintaining State security and protecting the rights of the citizens and the interests of the State. Such decisions must be submitted to the People‘s Assembly.145: The President of the Republic shall issue control regulations. The state of emergency in all cases. or financial or industrial occupation.158: During the term of his office. ratification and publication according to the established procedure. The law may determine whoever issues the decision requisite for its implementation. Preparing draft laws and decrees. G. to respect the Constitution and the law to look after the interests of the People in full and to safeguard the independence and territorial integrity of the motherland. the President of the Republic shall issue decisions in this respect which have the force of law. Such proclamation must be submitted to the People‘s Assembly within the subsequent fifteen days to take a decision upon it. his Deputies. He shall have the authority to declare war after the approval of the People‘s Assembly. Laying down the general policy of the State in collaboration with the President of the Republic and controlling its implementation in accordance with the laws and republican decrees. and enjoying full civil and political rights. D. Art.153: The Government shall be the supreme executive and administrative organ of the State. Supervising the implementation of law. Art. Art. Art.147: In case it becomes necessary during the absence of the People‘s Assembly. is dissolved the matter shall be submitted to the new Assembly at its first meeting. He shall also accredit the diplomatic representatives of foreign states. Issuing administrative and executive decisions in accordance with the laws and decrees and supervising their implementation. Art. Art. C. commercial and maritime treaties and all other treaties involving modifications in the territory of the State or having connection with the rights of sovereignty. Art. He shall undertake the laying down of the Ministry‘s policy within the limits of the State‘s General Policy and shall undertake its implementation . or which lay upon the treasury of the State certain charges not included in the budget. no less than 35 Gregorian years of age. Art. accompanied with suitable clarifications. delay. E.157: The Minister shall be the administrative supreme chief of his ministry. buy or rent any State property or lease or sell to or barter with the State any of his own property. However. No . Contracting and granting loans in accordance with the rules of the Constitution. the Ministers and their Deputies.148: The President of the Republic shall proclaim a state of emergency in the manner prescribed by the law.146: The President of the Republic shall issue the decisions necessary for establishing and organizing public services and administrations. must acquire the approval of the People‘s Assembly. B.156: The Cabinet shall exercise in particular the following functions: A. H.152: The President of the Republic may call a referendum of the People on important matters related to the supreme interests of the country. alliance pacts. within fifteen days from the date of issuance if the Assembly is standing or at its first meeting in case of the dissolution or recess of the Assembly." Art.144: The President of the Republic shall issue the necessary regulations for the implementation of the laws in the manner that would not modify.150: The President of the Republic shall be Supreme Commander of the Armed Forces. the Minister shall not practise any free profession.151: The President of the Republic shall conclude treaties and communicate them to the People‘s Assembly. In case the People‘s Assembly. Art.

165: The Judiciary Authority shall be independent. Art. The law shall organize the effects subsequent to a decision concerning the unconstitutionality of a legislative text.170: The people shall contribute to maintaining justice in accordance with the manner and within the limits prescribed by law. Art. and shall organize the way of their formation and prescribe the conditions and measures for the appointment and transfer of their members. the guarantees for their members their relation to the People‘s Assembly and to the Government as well as their role in preparing and implementing the development plan in controlling various activities. cities and villages. The law shall prescribe its formation. The law shall determine its other competences. In all cases. The law shall prescribe the other competences of the court. Art. It shall be exercised by courts of justice of different sorts and competences. the procedures and guarantees of the trial. He shall be subject to the control of the People‘s Assembly in accordance with what is prescribed by law.173: A Supreme Council. and prescribe the conditions to be fulfilled by its members. and regulate the procedures to be followed before it. and the indictment shall be in accordance with the manner prescribed by the law . Art.Page 36 of 203 indictment shall be issued except by a majority of twothirds of the members of the Assembly. presided over by the President of the Republic shall supervise the affairs of the judiciary organizations. The formation and functions of each council shall be defined by a presidential decree.161: The Arab Republic of Egypt shall be divided into administrative units. pronounced in public sessions. The Court shall call to account its members.171: The law shall regulate the organization of the State Security Courts and shall prescribe their competences and the conditions to be fulfilled by those who occupy the office of judge in them. Part Four: The Judiciary Authority Art. Part Five: The Supreme Constitutional Court Art. it competences and its rules of action. Third Branch: The Local Administration Art. enjoying legal person among which shall be governorates. and having its seat in Cairo. The trial of minister. to assist in planning the general policy of the State in all the domains of national activities. The law shall regulate the disciplinary actions with regard to them.169: The sessions of courts shall be public. their financial resources.172: The State Council shall be an independent judiciary organization competent to take decisions in administrative disputes and disciplinary cases. the safety of the society and its political regime.163: The law shall determine the way of forming the local People‘s Councils. on the level of administrative units by direct election half the members of whom must be farmers or workers. Art.178: The judgments issued by the Supreme Constitutional Court in constitutional cases. subject to no other authority but the law.162: Local People‘s Councils shall be gradually formed. unless a court decides to hold them in camera for considerations of public order or morality. judgments shall be Part Six: The Socialist Public Prosecutor Art.160: Any minister indicted shall be suspended from his duties until his case is decided .164: National Specialized Councils shall be established on a national level. They shall issue their judgments in accordance with the law.166: Judges shall be independent. Art.179: The Socialist Public Prosecutor shall be responsible for taking the measures which secure the people‘s rights. Art. Art. Art. These rules shall be applicable to Deputy Ministers. Art.167: The law shall determine the judiciary organization and their competences. their competences.174: The Supreme Constitutional Court shall be an independent judiciary body in the Arab Republic of Egypt. The law shall prescribe his other competences. Presidents and Vice-Presidents of the Councils shall be elected from among their members. The termination of his services shall not prevent legal action being taken or pursued against him .175: The Supreme Constitutional Court alone shall undertake the judicial control in respect of the constitutionality of the laws and regulations and shall undertake the interpretation of the legislative texts in the manner prescribed by law. Fourth Branch: National Specialized Councils Art.168: The status of judges shall be irrevocable. Art. No authority may intervene in judiciary cases or in the affairs of justice. It shall be consulted with regard to the draft laws organizing the affairs of the judiciary organizations. their rights and immunities. . Other administrative units may be established having legal person when required by common interest. Art.177: The status of the members of the Supreme Constitutional Court shall be irrevocable . in the manner prescribed by law. The law shall provide for the gradual transfer of authority to the local People‘s Councils . These Councils shall be under the President of the Republic. and its decisions concerning the interpretation of legislative texts shall be published in the Official Gazette. Art. Art. the preservation of the socialist achievements and commitment to socialist behaviour. Art.176: The law shall organize the way of formation of the Supreme Constitutional Court.

1952 Revolution and the May 15. The articles to be amended and the reasons justifying such amendments shall be mentioned in the request for amendment . Peace treaties. preserve order. Art. They shall be put into force a month after the date following their publication unless another date is fixed for that.186: The law shall prescribe the Egyptian flag and the provisions relating thereto. No organization or group may establish military or semimilitary formations.184: Police authority shall be a civil disciplinary body.Page 37 of 203 by at least one third of the Assembly members . If the request is rejected. 1971 Revolution. they may be repealed or amended in conformity with the rules and procedures stipulated in this Constitution. the Assembly shall discuss the amendment in principle.185: The city of Cairo shall be the capital of the Arab Republic of Egypt. in principle. it shall be referred to the people for a plebiscite.194: The Shoura Assembly is concerned with the study and proposal of what it deems necessary to preserve the principles of the July 23. Their task shall be to protect the country. Art. Draft laws referred to the Assembly by the President of the Republic. Art. It shall undertake the examination of matters pertaining to the methods ensuring the safety and security of the country. Art.181: General mobilization shall be organized in accordance with the law. Police Authority shall perform its duty in the service of the people maintain peace and security for the citizens. its rights and liberties and its public duties. it should be signed . Art. in other than criminal matters. provisions to the contrary may be made. The law shall prescribe the conditions of service and promotion for the armed forces. Art. The Assembly shall submit to the President of the Republic and the People's Assembly its opinion on such matters.192: The Supreme Court shall exercise its competences prescribed in the law establishing it. If the People‘s Assembly approves an amendment. If it is approved by the people it shall be considered in force from the date of the announcement of the result of the plebiscite. in the manner prescribed by the law. and the decision in this respect shall be taken by the majority of its members. and to deepen the democratic socialist system and widen its scope. the amendment of the same particular articles may not be requested again before the expiration of one year from the date of such rejection. until the Supreme Constitutional Court is formed. Art. Draft laws complementary to the Constitution.188: All laws shall be published in the Official Gazette within two weeks from the date of their issuance. to protect the alliance of the working forces of the people and the socialist gains as well as the basic constituents of society. In all cases. Its Supreme Chief shall be the President of the Republic .195: The Shoura Assembly shall be consulted in the following: Proposals for the amendment of one or more articles of the Constitution. as well as the state emblem and the provisions relating thereto.180: The State alone shall establish the Armed Forces. Art.193: This Constitution shall be in force as from the date of announcing the approval of the people in this respect in the referendum. the articles requested to be amended shall be discussed two months after the date of the said approval. and undertake the implementation of the duties imposed upon it by laws and regulations.182: A Council named " The National Defense Council " shall be established and presided over by the President of the Republic. Art.187: Provisions of the laws shall apply only from the date of their entry into force and shall have no retroactive effect. and protect the socialist achievements of popular struggle. which shall belong to the people. Part Seven: The Armed Forces and The National Defence Council Art. to consolidate national unity and social peace. Art. If the request emanates from the People‘s Assembly. alliances and all treaties affecting the territorial integrity of the State or those concerning sovereignty rights. Art. public security and morality. Art.189: The President of the Republic as well as the People‘s Assembly may request the amendment of one or more of the articles of the Constitution. Art. prescribe its competences within the limits of the principles prescribed by the Constitution. Chapter Seven Chapter Six: General and Transitional Provisions Part One: The Shoura Assembly* Art. However. with the approval of the majority of the members of the People‘s Assembly.190: The term of the present President of the Republic shall be terminated at the end of six years from the date of announcing his election as President of the Arab Republic of Egypt. safeguard its territory and security.191: All the provisions of the laws and regulations prior to the proclamation of this Constitution shall remain valid and in force. The law shall establish its other competences. If the amendment is approved by two thirds of the members of the Assembly. However. Whatever matters referred to the Assembly by the President of the Republic relative to the general policy of the State or its policy regarding Arab or foreign affairs. Draft of the general plan for social and economic development. its supreme values. Part Eight: The Police Art.183: The law shall organize military judicature.

198: The term of the membership of the Shoura Assembly is six years. Art. and the necessary conditions that should be fulfilled by the elected or appointed members of the Shoura Assembly. Art. half of whom at least must be workers and farmers . while contributing to its information and orientation within the framework of the basic components of society. as stipulated in the Constitution and defined by the law. Their activities are not subject to any authority other than the law. as stipulated in the Constitution and defined by law. . Art. The President of the Republic shall appoint the other third.208: The freedom of the press is guaranteed and press censorship is forbidden.90. rights and public duties and the respect of the sanctity of the private lives of the citizens.129.202: The President of the Republic has the right to make a statement upon the general policy of the State or upon any other matter before a joint meeting of the People’s Assembly and the Shoura Assembly. and to guarantee the soundness of national unity and social peace as stipulated in the Constitution and defined by law. headed by the Speaker of the People ’s Assembly. as stipulated in the Constitution and defined by law.101. the safeguard of liberties. come under the supervision of the people. The Assembly shall hold its first meeting within ten days from the date of its election. while such a decision should comprise an invitation to electors to hold new elections for the Shoura Assembly within a period of the sixty days from the date of its dissolution .203: The Prime Minister and the Ministers and other government officials may make statements before the Shoura Assembly or before one of its committees upon a subject that comes within their competence. Art. The Shoura Assembly and its Speaker shall exercise the competences specified in the aforementioned articles. The President of the Republic has the right to make whatever statements he wishes before the Shoura Assembly.104. Part Two: The Press Authority Art. confiscate or cancel a newspaper through administrative measures.102. The financing and ownership of newspapers and the funds belonging to them.197: The law shall determine the electoral constituencies of the Shoura Assembly the number of members in every constituency. Art.106. The election and the appointment of 50% of the total number of the members.201: The Prime Minister and his Deputies .It shall thus interpret the trend of public opinion. Art. the Ministers and government officials shall not be held responsible to the Shoura Assembly.205: The Provisions included in the following articles of the Constitution shall apply to the Shoura Assembly: (89.207: The Press shall exercise its vocation freely and independently in the service of society through all the means of expression . to uphold the basic foundations of society.204: The President of the Republic may not dissolve the Shoura Assembly except in case of the necessity .211: A Supreme Press Council shall deal with matters concerning the press . Two thirds of the members shall be elected by direct secret public balloting. It is also forbidden to threaten. not less than 132 members . and they may seek the assistance of any government officials.105. Art. Art.209: The freedom of legal persons whether public or private .199: The Shoura Assembly shall elect a Speaker and two Deputy Speakers at its first ordinary annual session for a period of the three years . Art. insofar as they are not incompatible with the provisions cited in this chapter. Art.Page 38 of 203 Art. The Supreme Press Council shall exercise its competences with a view to consolidating the freedom of the press and its independence.130.107.100. the Assembly shall elect a successor for the rest of the term. The Prime Minister and his Deputies and Ministers and other government officials shall be heard by the Shoura Assembly and its committees upon their request. It is always possible to re-elect or re-appoint those whose term of membership has expired.196: The Shoura Assembly shall be composed of a number of members defined by the law. any minister or government official shall not have a counted vote unless he is a member. should be renewed every three years as defined by law . competences and its relationship with the state authorities.134). or political parties to publish or own newspapers is safeguarded in accordance with the law.200: No member can hold office in both the People’s Assembly and the Shoura Assembly at one and the same time. as they see fit.206: The press is a popular. The law shall define its formation.210: Journalists have the right to obtain news and information according to the regulations set by law. Art. However. If one of these offices becomes vacant . Art. Art. independent authority exercising its vocation in the manner stipulated in the Constitution and the law. Art.

being convinced that Arab Unity is a call of history and of the future. affirming our determination to defend and protect it. the Egyptian people. In this modern age. cities. pledge indefinitely and unconditionally to exert every effort to realise: FIRST: Peace to our world: being determined that peace should be based on justice. The Amendment Issue of the Constitution of the Arab Republic of Egypt The Head of the State. plants.Page 39 of 203 Egypt 1980 Constitution. . whatever the source or the pretexts for such a threat. to ourselves this Constitution. the people of Egypt. who have been toiling on this great land since the dawn of history and the beginning of civilisation: We. and cherish the honour of man and of humanity. and in the name of the Almighty and His assistance. The sovereignty of law is not only a guarantee for the freedom of the individual alone. The public consensus to amend the Constitution. capable of warding off any threat. through democracy. We. Man's dignity is a natural reflection of the nation's dignity. and to participate in the worldwide struggle for the liberation of man.. and contradictions. declare on the 11 Th. and in acknowledgment of God's right and His Heavenly Messages. FOURTH: Freedom for the humanity of the Egyptian man: Realising that man's humanity and dignity are the lights which guide and direct the course of the great development of mankind for the realisation of its supreme ideal. between political and social freedom. the people working in Egypt's villages. And cognizant of article 189 of the Constitution. The Egyptian people are part of the Arab Nation and work for the realisation of its comprehensive unity. and that the political and social progress of all peoples can only be realised through the freedom of these peoples and their independent will. it is a safety valve. as well as of the principle and responsibility of mankind. of September. Mohamed Anwar El Sadat (Cairo-Ragab 7. carry the responsibility of great present and future objectives whose seeds are embedded in the long and arduous struggle. which ultimately took shape in the July 23 Revolution of 1952. and which hosted the flags of freedom.) CONSTITUTIONAL PROCLAMATION We. socialism and unity along the path of the great march of the Arab nation. and who are confident in our profound faith. and that it cannot materialise except through an Arab Nation. Taking into account the results of the referendum on the amendment of the Constitution of the Arab Republic of Egypt conducted on May 22. industry and in any field of work which contributes to create life on its soil or which plays a part in the hounour of defending this land.. the land that derives its strength and prestige from the value of man and his education. confidence and faith in all national and international responsibilities. and in the struggle against the forces of regression. 1971 that we accept. between national independence and social affiliation. and in the right of the country and nation. and grant. through profound and refined consciousness. to be put into effect as of the date the results of the referendum were announced. the people of Egypt.C. meantime offering rich experiences on the national and international level and being guided by them. cultural and ideological levels. who have asserted at all times their contribution to civilization and to humanity through work alone. Hereby issues the amendment of the Constitution of the Arab Republic of Egypt according to what has been agreed upon at the referendum. Our people have passed through successive experiences. SECOND: Union: the hope of our Arab Nation. on the political. economic. The alliance of the active popular powers is not a means for social strife leading towards historical development. and that any civilisation is not worthy of its name unless it is free form exploitation whatever its form. protecting the unity of working powers in the country and eliminating. the people. the people who believe in our immortal and spiritual heritage. 1400 Hijra-May 22. who in addition to shouldering the trust of history. 1980 A. or through slogans. domination an exploitation. We. socialist State based on the alliance of the working forces of the people. THIRD: The constant development of life in our nation: Being convinced that the true challenge confronting nations is the realization of progress and that such progress does not occur automatically. and a demand of destiny. but is also at the same time the sole basis for the legality of authority. and asserting our respect for it in letter and spirit. This Revolution was brought about by the alliance of the working forces of our militant people who were able. but at the same time move forward in a bid to realist full integration between science and faith. in the name of God and by His assistance. but that the driving force behind it is the release of the potentials of creativity and inspiration in our people. l 980. We. centres of education. now that the individual is the cornerstone in the edifice of the homeland. Constitution Of PART ONE THE STATE Article 1 The Arab Republic of Egypt is a democratic. We. to retina their original character. out of determination.

social. Article 5 The political system of the Arab Republic of Egypt is a multiparty one. moral and national values.shall guarantee social and health insurance services and all the citizens have the right to pensions in cases of incapacity. PART TWO BASIC CONSTITUENTS OF THE SOCIETY CHAPTER 1 Social and Moral Constituents Article 7 Social solidarity is the basis of the society. increasing work opportunities. Article 20 Education in the State educational institutions shall be free of charge in its various stages. except in the cases specified by the law. conducive to liquidation of income differences. morality and patriotism. unemployment and old-age. social and health services. historical heritage of the people. Article 24 The people shall control all the means of production and direct their surplus in accordance with the development plan laid down by the State. scientific facts. and work to ensure them for the villages in particular in an easy and regular manner in order to raise their standard. Article 9 The family is the basis of the society founded on religion. and guaranteeing the equity of the distribution of public duties and responsibilities. promoting the genuine Egyptian traditions and abiding by the high standards of religious education. The State is keen to preserve the genuine character of the Egyptian family-with what it embodies of values and traditions-while affirming and developing this character in the relations within the Egyptian society.Page 40 of 203 Article 2 Islam is the religion of the state and Arabic its official language. cultural and economic life without violation of the rules of Islamic jurisprudence. raising the standard of living. Article 3 Sovereignty is for the people alone they are the source of authority. Article 18 Education is a right guaranteed by the State. connecting wages with production. except by virtue of the law. CHAPTER II Economic Constituents Article 23 The national economy shall be organised in accordance with a comprehensive development plan which ensures raising the national income. and the wives and children of those killed shall have priority in work opportunities according to the law. those injured in war or because of it. with a view to linking all this with the requirements of society and production. Article 6 The Egyptian nationality is defined by the law. Article 4 The economic foundation of the Arab Republic of Egypt is a socialist democratic system based on sufficiency and justice in a manner preventing exploitation. fixing a minimum and a maximum limit for wages in a manner which guarantees lessening the disparities between incomes. eliminating unemployment. Article 16 The State shall guarantee cultural. Article 22 The institution of civil titles shall be prohibited. Workers who excel in their field of work shall receive the appreciation of the State and the society. Article 13 Work is right. Article 15 The war veterans. Article 19 Religious education shall be a principal subject in the courses of general education. and safeguard national unity in the manner specified in the Constitution. The State is committed to abiding by these principles and promoting them. The State shall supervise all branches of education and guarantee the independence of universities and scientific research centres. take care of children and youth and provide the suitable conditions for the development of their talents. The State guarantees their (the occupants) protection and the performance of their duties in safeguarding the interests of the people. protecting legitimate earnings. within the framework of the basic elements and principles of the Egyptian society as stipulated in the Constitution (Political parties are regulated by law). Article 8 The State shall guarantee equality of opportunity to all citizens. Article 12 The society shall be committed to safeguarding and protecting morals. . considering her equal with man in the fields of political. for the performance of a public service and in return for a fair remuneration. The people shall exercise and protect this sovereignty. a duty and an honour ensured by the State. Article 14 Public offices are the right of all citizens and an assignment for their occupants in the service of the people. They may not be dismissed by other than the disciplinary way. Article 17 The State. Article 10 The State shall guarantee the protection of motherhood and childhood. socialist conduct and public morality within the limits of the law. Article 11 The State shall guarantee the proper coordination between the duties of woman towards the family and her work in the society. fair distribution. Article 21 Combating illiteracy shall be a national duty for which all the people's energies should be mobilized. in accordance with the law. No work shall be imposed on the citizens. It is obligatory in the primary stage and the State shall work to extend obligation to other stages. Islamic jurisprudence is the principal source of legislation.

Article 30 Public ownership is the ownership of the people and it is confirmed by the continuous consolidation of the public sector. The law guarantees its protection and selfmanagement. RIGHTS AND DUTIES Article 40 All citizens are equal before the law. Article 37 The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural labourer from exploitation and asserting the authority of the alliance of the people's working powers at the level of the village. . The right of inheritance is guaranteed in it. He may not be detained or imprisoned except in places defined by laws organising prisons. ethnic origin. Article 44 Homes shall have their sanctity and they may not be entered or inspected except by a causal judicial warrant prescribed by the law. detained or his freedom restricted shall be treated in the manner concomitant with the preservation of his dignity. Article 43 Any medical or scientific experiment may not be undergone on any person without his free consent. protecting the means of production is a national duty. PART THREE PUBLIC FREEDOMS. The Public sector shall be the vanguard of progress in all spheres and shall assume the main responsibility in the development plan. in the ways of its use. Article 31 Co-operative ownership is the ownership of the cooperative societies. Private sequestration shall not be allowed except with a judicial decision. The State shall endeavour to consolidate the agricultural cooperatives according to modern scientific bases. Article 42 Any person arrested.Page 41 of 203 Article 25 Every citizen shall have a share in the national revenue to be defined by the law in accordance with his work or his unexploiting ownership Article 26 The workers shall have a share in the management and profits of the projects. it shall be considered invalid and futile. Article 45 The law shall protect the inviolability of the private life of citizens. encouraged and organised by the State. Article 28 The State shall look after the CO-operative establishments in all their forms and encourage handicrafts with a view to developing production and raising income. it may not be in conflict. language. Article 38 The tax system shall be based on social justice. a basis for the socialist system and a source of prosperity of the people. The law organises the performance of its social function in the service of national economy within the framework of the development plan without deviation or exploitation. They have equal public rights and duties without discrimination between them due to race. Article 39 Saving is a national duty protected. Article 35 Nationalisation shall not be allowed except for considerations of public interest. in accordance with a law and against a compensation. detained or his freedom restricted or prevented from free movement except by an or necessitated by investigations and preservation of the security of the society. wires. and its protection and consolidation is the duty of every citizen in accordance with the law. No physical or moral harm is to be inflicted upon him. There are three kinds: public ownership. This order shall be given by the competent judge or the Public Prosecution in accordance with the provisions of the law. with the general welfare of the people. Article 29 Ownership shall be under the supervision of the people and the protection of the State. Article 27 Beneficiaries shall participate in the management of the services projects of public interest and their supervision in accordance with the law. They are committed to the development of production and the implementation of the plan in their production units. Except in cases of a flagrant delicate no person may be arrested. Article 33 Public ownership shall have its sanctity. religion or creed. as it is considered the mainstay of the strength of the homeland. It may not be expropriated except for the general good and against a fair compensation in accordance with the law. The law shall determine the period of custody. cooperative ownership and private ownership. If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion. inspected. Article 36 General sequestration of funds shall be prohibited. Workers shall be represented on the boards of directors of the public sector units by at least 50% of the number of members of these boards. Correspondence. in accordance with the law. The law shall guarantee for the small farmers and small craftsmen 80% of the membership on the boards of directors of the agricultural COoperatives and industrial cooperatives. Article 34 Private ownership shall be safeguarded and may not be put under sequestration except in the cases specified in the law and with a judicial decision. Article 32 Private ownership shall be represented by the unexploiting capital. telephone calls an other means of communication shall have their own sanctity and secrecy and may not be confiscated or monitored except by a causal judicial warrant and for a definite period according to the provisions of the law. Article 41 Individual freedom is a natural right and shall not be touched.

with the exception of disciplinary organs and moral personalities. Article 47 Freedom of opinion is guaranteed. Article 58 The defense of the motherland is a sacred duty. Self-criticism and constructive criticism is the guarantee for the safety of the national structure. Article 55 Citizens shall have the right to form societies as defined in the law. Article 51 No citizen may be deported from the country or prevented from returning to it. Every individual has the right to express his opinion and to publicise it verbally or in writing or by photography or by other means within the limits of the law.Page 42 of 203 Article 46 The State shall guarantee the freedom of belief and the freedom of practice of religious rites. Any provision in the law stipulating the immunity of any act or . publication and mass media shall be guaranteed. In a state of emergency or in time of war a limited censorship may be imposed on the newspapers. The establishment of societies whose activities are hostile to the social system. in which he is granted the right to defend himself. Censorship on newspapers is forbidden as well as notifying. Article 61 Payment of taxes and public imports is a duty. raising the standard of efficiency. The State shall grant a fair compensation to the victim of such an assault. The State shall guarantee the accessibility of the judicature organs to litigants. PART FOUR SOVEREIGNTY OF THE LAW Article 64 Sovereignty of the law shall be the basis of rule in the State. Article 48 Freedom of the press. Article 59 Safeguarding. Article 65 The State shall be subject to law. Article 50 No citizen may be prohibited from residing in any place and no citizen may be forced to reside in a particular place. The law regulates the participation of syndicates and unions in carrying out the social programmes and plans. There shall be no crime or penalty except by virtue of the law. They are responsible for questioning their members about their behavior in exercising their activities according to certain codes of morals. publications and mass media in matters related to public safety or purposes of national security in accordance with the law. consolidating and preserving the socialist gains is a national duty. Addressing public authorities should not be in the name of groups. The law shall regulate this right and the measures and conditions of immigration and leaving the country. Article 63 Every individual has the right to address public authorities in writing and with his own signature. whose criminal and civil lawsuit is not liable to prescription. and conscription is obligatory in accordance with the law. Article 68 The right to litigation is inalienable for all. Article 56 The creation of syndicates and unions on a democratic basis is a right guaranteed by law. Article 49 The State shall guarantee the freedom of scientific research and literary. The independence and immunity of the judiciary are two basic guarantees to safeguard rights and liberties. nominate and express their opinions in referendums according to the provisions of the law. artistic and cultural invention and provide the necessary means for its realisation. Article 54 Citizens shall have the right to peaceable and unarmed private assembly. except in the cases defined by the law. Article 67 Any defendant is innocent until he is proved guilty before a legal court. Their participation in public life is a national duty. peace or justice. clandestine or have a military character is prohibited. Article 52 Citizens shall have the right to permanent or temporary immigration. Article 66 Penalty shall be personal. without the need for prior notice. Security men should not attend these private meetings. Article 57 Any assault on individual freedom or on the inviolability of private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law shall be considered a crime. in accordance with the law. and should have a moral entity. processions and gatherings are allowed within the limits of the law. The extradition of political refugees is prohibited. Article 53 The right to political asylum shall be guaranteed by the State for every foreigner persecuted for defending the peoples' interests. and for defending the rights and liberties of their members as defined in the law. Article 62 Citizens shall have the right to vote. Public meetings. printing. and safeguarding their funds. consolidating the socialist behavior among their members. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing them. human rights. Every person accused of a crime must be provided with counsel for his defense. No penalty shall be inflicted except by a judicial sentence. and the rapidity of statuting on cases. Article 60 Protecting national unity and keeping State secrets is the duty of every citizen. and every citizen has the right to refer to his competent judge. suspending or cancelling them by administrative methods.

The law regulates the right of complaint in a manner ensuring a ruling regarding it within a definite period. sell to or exchange with the State any property of his whatsoever. or else release is imperative. the Assembly shall nominate another candidate and the same procedure shall be followed. with the charges directed against him. the President of the People's Assembly shall temporarily assume the Presidency. Article 75 The person to be elected President of the Republic must be an Egyptian born to Egyptian parents and enjoy civil and political rights. Article 83 In case of resignation. to respect the Constitution and the law. Article 71 Any person arrested or detained should be informed. Article 84 In case of the vacancy of the Presidential Office or the permanent disability of the President of the Republic. Article 81 During his term the President of the Republic may not exercise any free profession or undertake any commercial. the President of the Supreme Constitutional Court shall take over the Presidency. The candidate who wins two-thirds of the votes of the Assembly members shall be referred to the people for a plebiscite. He must be faced. forthwith with the reasons for his arrest or detention. Article 74 If any danger threatens the national unity or the safety of the motherland or obstructs the constitutional role of the State institutions. Article 77 The term of the Presidency is six Gregorian years starting from the date of the announcement of the result of the plebiscite. If the candidate does not obtain this majority. Article 70 No penal lawsuit shall be sued except by an order from a judicature organ and in cases defined by the law. respect the Constitution and the supremacy of the law. He has the right to communicate. the President shall address the letter of resignation to the People's Assembly. His age must not be less than 40 Gregorian years. The Law shall grant the financially incapable citizens the means to resort to justice and defend their rights. the President shall take the following oath before the People's Assembly. however. refraining to execute sentences or obstructing them on the part of the concerned civil servants Is considered a crime punishable by law. Part Five System of Government CHAPTER ONE The Head of State Article 73 The Head of State is the President of the Republic. Article 80 The salary of the President of the Republic shall be fixed by law. The candidate shall be considered President of the Republic when he obtains an absolute majority of the votes cast in the plebiscite. on condition that neither one shall nominate himself for the Presidency. Any person may lodge a complaint to the courts against any measure taken to restrict his individual freedom. The People's Assembly shall then proclaim the vacancy of the . the former President shall continue to exercise his functions until his successor is elected. Any amandment in the salary shall not come into force during the Presidential term in which it is decided upon. Article 72 Sentences shall be passed and executed in the name of the people. inform. The President of the Republic may be re-elected for other successive terms. The nomination shall be referred to the people for a plebiscite. Article 69 The right of defense in person or by mandate is guaranteed. he shall delegate his powers to a vice-president. The nomination to the post of President of the Republic shall be made in the People's Assembly upon the proposal of at least one third of its member. the President of the Republic shall take urgent measures to face this danger. safeguard the national unity and the socialist gains. The candidate winning the votes with an absolute majority of the Assembly members shall be referred to the citizens for a plebiscite. If none of the candidates obtains the said majority the nomination process shall be repeated two days after the first vote. the People's Assembly is dissolved. if at that time. and. Article 79 Before exercising his powers. Nor may he acquire or take on lease any State property. to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland". those whom the sentence is in favour of. direct a statement to the people and conduct a referendum on these measures within sixty days of its adoption. Should this term expire without the choice of the new President being made for any reason whatsoever. financial or industrial activity. The new President shall be selected at least one week before the expiration of the term. Likewise. Article 78 Procedures for the choice of a new President of the Republic shall begin sixty days before the expiration of the term of the President in office. Article 76 The People's Assembly shall nominate the President of the Republic. "I swear by Almighty God to uphold the Republican system with loyality. In this case.Page 43 of 203 administrative decision from the control of the judicature is prohibited. and maintain the boundaries between authorities in a manner to ensure that each shall perform its role in the national action. and ask the help of anyone as prescribed in the law. have the right to sue a direct penal lawsuit before the competent court. as soon as possible. The President of the Republic may not receive any other salary or remuneration. Article 82 If on account of any temporary obstacle the President of the Republic is unable to carry out his functions. He shall assert the sovereignty of the people.

Page 44 of 203 office of President. Article 90 The member of the People's Assembly shall take the following oath before the Assembly before entering upon his duties: "I swear by God Almighty. The contestation shall be referred to the Court of Cassation within fifteen days as from the date on which the Assembly was informed of it. that I shall preserve the safety of the nation and the Republican regime. The result of the investigation and the decision reached by the Court shall be submitted to the Assembly to decide upon the validity of the contestation within sixty days from the date of submission of the result of the investigation to the Assembly. Article 87 The law shall determine the constituencies into which the State shall be divided and the number of elected members of the People's Assembly must be at least 350 persons. the permission of the President of the . The member of the people's Assembly shall devote himself to membership in the Assembly except in cases specified by law. without prejudice to other penalties. The President of the Republic may appoint a number of members not exceeding ten. The President shall be suspended from the exercise of his duty as from the issuance of the impeachment. the general plan of economic and social development and the general budget of the State. or the loss of the member's status as a worker or farmer upon which he was elected or the violation of the member's mandate. A Court of Causation shall be competent to investigate the validity of contestation presented to the Assembly. The definition of the worker and the farmer shall be made by law. The membership shall be deemed invalid on the grounds of a decision taken by a majority of two-thirds of the Assembly members. The Vice-President shall take over the Presidency temporarily until the decision concerning the impeachment is taken. he shall be relieved of his post. The law shall also organise the trial procedures and define the penalty. on being referred to it by the President of the Assembly. The President of the Republic shall be tried by a special tribunal set up by law. Article 95 No member of the People's Assembly shall. Article 98 Members of the People's Assembly shall not be censured for any opinions or thoughts expressed by them in the performance of their tasks in the Assembly or its committees. Article 97 The People's Assembly alone may accept the resignation of its members . or conclude a contract with the State in his capacity as entrepreneur. It shall exercise control over the work of the executive authority in the manner prescribed by the Constitution. CHAPTER II THE LEGISLATURE The People's Assembly Article 86 The People's Assembly shall exercise the legislative power and approve the general policy of the State. Elections for renewal of the Assembly shall take place within the sixty days preceding the termination of the term. within sixty days from the date of the communication to the Assembly of the occurrence of the vacancy. while the investigation shall be completed within ninety days from the date on which the contestation is referred to the Court of Cassation. Article 91 Members of the People's Assembly shall receive a remuneration determined by the law. The President of the Republic shall be chosen within a maximum period of sixty days from the day of the vacancy of the Presidential Office. Article 89 Employees of the State and of the public sector nominate themselves for membership in the People's Assembly. The rules of election and referendum shall be determined by law. His post or work shall be held over for him in accordance with the provisions of the law. Article 94 If the seat of a member becomes vacant before the end of his term. or lease or sell to the State or barter with it regarding any part of his property. Article 92 The duration of the People's Assembly term is five Gregorian years from the date of its first meeting. Article 88 The necessary conditions stipulated in the members of the People's Assembly shall be defined by law. The membership will not be deemed invalid except by a decision taken by a majority of two-thirds of the Assembly members. If he is found guilty. No impeachment shall be issued except upon the approval of a majority of two-thirds of the Assembly members. purchase or rent any State property. shall attend to the interests of the people and shall respect the Constitution and law". The term of the new member shall extend until the end of the term of his predecessor. of which one half at least must be workers and farmers elected by direct secret public balloting. Article 99 No member of the People's Assembly shall be subject to a criminal prosecution without the permission of the Assembly except in cases of flagrant delicto. Article 93 The People's Assembly shall be the only authority competent to decide upon the validity of its members. while the ballot shall be conducted under the supervision of members of a judiciary organ. importer or contractor. Article 85 Any charge against the President of high treason or of committing a criminal act shall be made upon a proposal by at least one-third of the members of the People's Assembly. during his mandate. If the Assembly is not in session. Article 96 No membership in the People's Assembly shall be revoked except on the grounds of loss of confidence or status or of one of the conditions of membership. a successor shall be elected or appointed to it.

If the seat of anyone of them is vacated. the Assembly shall meet. Article 100 The seat of the People's Assembly shall be Cairo. or upon a request signed by a majority of the Assembly members. a president and a vicepresident for the term of the session. in case of necessity. Article 110 Every draft law shall be referred to a committee of the Assembly which will study it and submit a report concerning it. it is considered a law shall be promulgated. The authorisation must be for a limited period of time during which the subjects of the resolutions and the grounds upon which they are based. If they are not submitted or if they are submitted and not approved by the Assembly. If the draft law is not referred back within this period. Article 104 The People's Assembly shall lay down its own rules of procedure organising the manner of the fulfilment of its tasks. must be determined. Article 113 If the President of the Republic objects to a draft law ratified by the People's Assembly he shall refer it back to the Assembly within thirty days from the Assembly's communication of it. The President of the Assembly shall be entrusted with this task. The people's Assembly may not effect any modification in the draft budget except with the approval of the government. by force of the Constitution. Article 103 The People's assembly shall elect. In case of a tie vote. If it is not convoked. in cases other than those for which a specific majority is required. Article 114 The people's Assembly shall approve the general plan for economic and social development.Page 45 of 203 Assembly must be taken. in exceptional circumstances. It shall be considered in effect after approval. The Assembly must be notified of the measures taken in its first subsequent session. a meeting in camera may be held at the request of the president of the Republic or of the government or of its Prime Minister or at least twenty of its members. it may meet another city. However. the old budget shall be acted on pending such ratification. on the said day. Article 102 The President of the Republic may call the People's Assembly to an extraordinary meeting. The session of the ordinary meeting shall continue for at least seven months. However. Article 107 The meeting of the Assembly shall be considered invalid if the majority of its members are not present. the Assembly shall elect a replacement. The Assembly shall then decide whether the debate on the question submitted to it shall take place in a public meeting or in a meeting in camera. Article 109 The President of the Republic and every member of the People's Assembly shall have the right to propose laws. they shall cease to have the force of law. in case of necessity or in exceptional cases and on the authorisation of the People's Assembly upon the approval of a majority of two thirds of its members. Every article of the draft laws shall be put to a vote. Draft laws presented by members of the People's Assembly shall not be referred to this committee unless they are first referred to a special committee which will study them and give an opinion on the suitability of their consideration by the Assembly and after the Assembly decides to consider them. . it shall be considered a law and shall be promulgated. Article 101 The President of the Republic shall convoke the People's Assembly for its ordinary annual session before the second Thursday of November. If it is referred back to the Assembly on the said date and approved once again by a majority of two. Article 105 The people's Assembly alone shall be entitled to preserve order inside it. the question on which the debate had taken place shall be rejected. The manner of the preparation of the plan and of its submission to the people's Assembly shall be determined by law. whose term will last until the end of his predecessors term. Any meeting of the Assembly in other than its designated seat is illicit and the resolutions passed in it shall be considered invalid. to issue resolutions having the force of law. The draft budget shall be voted upon title by title and shall be promulgated by a law. The President of the Republic shall announce the dismissal of the extraordinary meeting. at the request of the President of the Republic or the majority of the Assembly members. Article 106 The meetings of the People's Assembly shall be public. in the first meeting of its ordinary annual session. The resolution of the Assembly shall be adopted by an absolute majority of the attending members. The resolutions must be submitted to the People's Assembly in the first meeting after the end of the authorisation period. In case the ratification of the new budget does not take place before the beginning of the fiscal year. The manner of the preparation of the budget as well as the determination of the fiscal year shall be determined by law . Article 115 The draft general budget shall be submitted to the people's Assembly at least two months before the beginning of the fiscal year. Article 108 The president of the Republic shall have the right. Article 112 The president of the Republic shall have the right to promulgate laws or object to them.thirds of the members. Article 111 Every draft law proposed by a member and rejected by the Assembly cannot be presented again in the course of the same session.

Article 122 The rules governing the granting of salaries. Article l21 The Executive Authority shall not contract a loan or bind itself to a project entailing expenditure of funds from the State Treasury in the course of a subsequent period. except in the cases of urgency as decided by the Assembly and with the government's consent. Such a motion should be proposed by one-tenth of the Assembly's members. disposal. Article 117 The provisions regulating the budgets and accounts of public organisations and organisms shall be prescribed by law. The Assembly should not decide on such a motion until after at least three days from the date of its presentation. except with the approval of the People's Assembly. and the authorities charged with their application. The annual report of the Central Agency for Accounting and its observations must be submitted to the People's Assembly. It shall be voted-upon title by title and issued by a law. and this shall be issued by a law. The People's Assembly may decide to withdraw its confidence from any of the Prime Minister's deputies or from many of the Ministers or their deputies.Page 46 of 203 Article 116 The approval of the people's Assembly shell be considered necessary for the transfer of any funds one title of the budget to another title. Debate on an interpllation shall take place at least seven days after its submission. Article 123 The rules and procedures for granting concessions relating to investment of the sources of natural wealth and of public utilities shall be determined by law. Article 119 The imposition. this same question may not be transformed into an interpellation in the same session. Article 125 Every member of the People's Assembly shall be entitled to address Inteprellations to the Prime Minister or his deputies or the Ministers or their deputies concerning matters within their jurisdiction. Article 126 The Ministers shall be responsible collectively for the general policy of the State before the People's Assembly. The member may withdraw his question at any time. Article l20 The basic rules for collection of public funds and the procedure for their disbursement shall be regulated. The Prime Minister. as well as for any expenditure not included in it or excess of its estimates. subsides and bonuses from the state Treasury shall be determined by law which shall also regulate the cases excepted from these rules. modification or abolition of general taxes cannot be effected except in the cases decreed by law. Article 124 Every member of the People's Assembly shall be entitled to address questions to the Prime Minister or any of his deputies or the Ministers or their deputies concerning matters within their jurisdiction. pensions. indemnities. of real estate properties belonging to the State or the ceding of moveable properties of the State and the rules and problems relating to them shall also be determined by law. The Assembly has the right to demand from the Central Agency for Accounting any data or other pertinent reports. also every Minister shall be responsible for the acts of his Ministry. A motion of no confidence should not be submitted except after an interpellation. No one may be asked to pay additional taxes or imposts except in the cases specified by law. . Article 118 The final account of the State budget shall be submitted to the people's Assembly within a period not exceeding one year from the date of the expiration of the fiscal year. free of charge. No one may be exempted from their payment except in the cases specified by law. his deputies. the Ministers and the persons they delegate on their behalf shall answer the questions put to them by members.

whether relating to matters where they are personally concerned or to matters of public interest. son of Husain. On accession to the throne. race or creed. It. 7. of the different sects of that religion. detained. except in accordance with law. 11. All postal and telegraphic correspondence and all telephonic communications shall be secret and free from censorship or detention. No forced loans may be imposed. Art. 1925. 16. Freedom of expression of opinion. Art. 12. Art. The Rights of the People Art. Freedom to practise the rites. 5. nor any prohibited article confiscated. 9. and in such circumstances and in such manner as may be prescribed by law. as amended July 29. whatever differences may exist in language. independent and free. as regards the enjoyment of their rights and the discharge of their obligations. Islam is the official religion of the State. in such circumstances and in such manner as may be prescribed by law. and to his heirs after him. On the side of the staff there shall be a red trapezoid. in accordance with the provisions of a law. punished or obliged to change their place of residence. setting forth complaints. 21. except in such exceptional circumstances as may be prescribed by a special law. Arabic shall he the official language. Art. 18. in a perpendicular position. The sovereignty of the constitutional Kingdom of Iraq resides in the people. They may not be entered or searched except in such circumstances and in such manner as may be prescribed by law. Art. Introduction Art. Iraq is a constitutional hereditary monarchy with a representative Government. 10. The inviolability of all places of residence is guaranteed. No person shall be prevented from having recourse to the courts. 6. Art. The city of Baghdad shall be the capital of Iraq. 14. its provisions shall be in force in all parts of the Kingdom of Iraq. 13. 20.The length of the flag shall be double its breadth. the upper section being black. in accordance with the provisions of the law of succession. Iraq nationality shall be defined by a special law and will be acquired or lost in accordance with the terms thereof. Art. Iraq is a sovereign State. In case of necessity. the King shall swear an oath before a joint meeting of the Chamber of Deputies and the Senate. All Iraqis shall have the right of presenting petitions and memorials to the King. This law shall be known as «The Iraq constitution». of meeting together. King of Iraq. Iraqis shall be equal in status. Art. another place may be selected as capital. except in conformity with law. Foreigners who must or may be employed in accordance with treaties and agreements shall not come within the scope of this article. and the arms. parallel to the staff. Her territories are indivisible and no portion thereof may be given up. It shall be divided horizontally into three colours of equal size and parallel to each other. except in such circumstances and in such manner as may be prescribed by law. The position of the flag. 15. is guaranteed to all inhabitants of the country provided that such forms of worship do not conflict with the maintenance of order and discipline or public morality. or be placed in bonds. 4. None of them shall be arrested. the height being equal to one quarter of the length of the flag. All rights of ownership shall be safeguarded. Art. The flag of Iraq shall be of the following shape and dimensions: . as observed in Iraq. nor be obliged to have recourse to a court other than the court competent to deal with his case. As a result of the decision of the Constituent Assembly. [Translation] (1) In the name of God. There shall be no violation of. Art. in conformity with accepted customs. provided that such instruction is carried out in conformity with such general programmes as may be prescribed by law. is guaranteed. have confirmed our constitution and have ordered its promulgation. the Merciful. and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law. except as may be prescribed by it special law. Art. The Heir Apparent shall be the eldest son of the King. . 19. except in conformity with law.Page 47 of 203 Iraq 1925 Constitution of the Kingdom of Iraq Constitution of the Kingdom of Iraq March 21. Art. the personal liberty of any of the inhabitants of Iraq. is a trust confided by them to King Faisal. in direct line. and on condition that just compensation be paid. liberty of publication. The Prerogatives of the Crown Art. Torture and the deportation of Iraqis from the Kingdom of Iraq are absolutely forbidden. the others white and green respectively. There shall be no differentiation in the rights of Iraqis before the law. Complete freedom of conscience and freedom to practise the various forms of worship. to each one without discrimination. Art. Art. insignia and decorations of the State shall be determined in accordance with special laws. or compelled to serve in the armed forces. 8. 2. the provisions of which shall apply to all classes of the people. 1. Part I. preserve the independence of the country and strive faithfully to further the interests of both country and people. Art. Art. nor may any real or personal property be sequestrated. the Compassionate! We. No persons other than Iraqis shall be employed in Government appointments. In the centre there shall be two white stars of seven points each. Part II. Parliament and the public authorities. 1925. Art. Art. The various communities shall have the right of establishing and maintaining schools for the instruction of their members in their own tongues. All unpaid forced labour and general confiscation of movable or immovable property are absolutely forbidden. that he will observe the terms of the constitution. No tax may be imposed except in accordance with law. 17. which shall be presided over by the president of the Senate. or interference with. There shall be no expropriation of the property of any person except in the public interest. the greater base of which shall be equal to the breadth of the flag and the lesser base equal to the breadth of the white section. in accordance with his capacity and fitness. 3. Government appointments shall be bestowed upon them alone.

The King may absent himself from Iraq in case of need. upon the proposal of the responsible Minister. with the exception of those issued for the purpose of fulfilling treaty obligations approved by Parliament or the Constituent Assembly. Otherwise it shall be sworn before the Council of Ministers. The King is Commander-in-chief of all the armed forces. 27. 3.Page 48 of 203 Art. he delegates that power to some other authority. Art. The King appoints the members of the Senate and accepts their resignation from office. 8. with the concurrence of the Council of Ministers. but. 4. prorogues or dissolves it. it shall be convoked forthwith. provided that. the council being responsible therefor. 28. 10. No Minister may act as Regent or member of the Council of Regency. . he shall not definitely ratify them until approved by Parliament. 5. The Regent shall swear an oath before Parliament. The King is the supreme head of the State. The Legislature Art. as prescribed in the preceding article. Art. No modification may be introduced into the constitution during the regency concerning the King's prerogatives and succession to the throne. appoints and dismisses all diplomatic representatives. The Regent or member of the Council of Regency must be of Iraq nationality and must not be less than 30 years of age. Legislative power is vested in Parliament and the King. If a member of Parliament is appointed Regent or member of the. The death sentence shall not be. The King select. may not assume this dignity. or should the former King fail to appoint a Regent. 6. The oath shall be sworn before Parliament. The King shall attain his majority on completion of the 18th year. unless Parliament approves of his appointment. if in session. subject to the passing and publication of a resolution of the Council of Ministers to that effect. He declares war subject to the consent of the Council of Ministers. however. The King may reduce sentences or remit them by special pardon. Until such time as the Regent has been appointed and has token the oath. danger. Before his departure from Iraq. until they have been approved by Parliament. subject to the provisions of this law. The Regent. 26. Should necessity arise. 22. The King. adjourns. Should Parliament not approve these ordinances. the constitutional prerogatives of the King shall be exercised by the Council of Ministers on behalf of the people of Iraq. He may also pronounce a general amnesty subject to the consent. and define the prerogatives which he confers upon him or them. for taking urgent measures for the maintenance of order and public security. when Parliament is not sitting. and bestows military rank. Should Parliament not approve. until such time as the King attains his majority. or to ward off a public. By his order regulations are drawn up for the purpose of giving effect to the terms of laws. 9. until he has taken the oath prescribed in article 21 of the constitution. Neither the Regent nor any member of the Council of Regency shall exercise any of the royal prerogatives. a male relative of the King who has completed his 18th year may also. They shall issue upon the proposal of the responsible Minister or Ministers with the concurrence of the Prime Minister. and the election of the new chamber be not yet completed. 25. The word «law» shall include ordinances issued in accordance with the provisions of this article. or persons acting on their behalf. the King shall with the approval of the Council of Ministers appoint a Regent or Council of Regency. 7. nor carry out the functions thereof. and shall be. The King issues orders for the holding of general elections to the Chamber of Deputies and for the convocation of Parliament. except with the consent of Parliament. The King may not ascend a throne outside Iraq. having the force of law. He concludes treaties of peace. 23. He may not ratify them. He opens Parliament. directing that the necessary steps shall be taken according to circumstances. the Government must declare them to be no longer operative and they shall be considered to be abrogated as from the date of such declaration. 24. Art. and upon the recommendation of the latter appoints Ministers and accepts their resignation from office. in accordance with the provisions of this law. The King concludes treaties. the former chamber shall be convoked for this purpose. Art. Council of Regency. unless the text contains anything to the contrary. Parliament shall be convoked immediately. the King's prerogatives shall be exercised by a Regent chosen by the former King. Parliament is composed of the Senate and the Chamber of Deputies. the Prime Minister. provided that they are not contrary to the provisions of this constitution Such ordinances must all be laid before Parliament at its first session. carried out until confirmed by the King. Such ordinances shall be signed by all Ministers. He may also proclaim martial law to be in force. he may not carry out his parliamentary duties while acting in that capacity. 2. Whenever the necessity for the appointment of a Regent arises. unless. qadhis and civil judges. ill accordance with special regulation. Should the King's absence extend over a period exceeding 4 months and Parliament not be in session. He also has the right of conferring honours and titles and similar marks of distinction. 1. The coinage shall be struck in the King's name. The King shall exercise his powers by means of Royal Iradas [Decrees]. Should the Chamber of Deputies be dissolved. Art. in order to deal with the matter. in so far as such laws contain provisions therefor. the Regent shall be appointed by Parliament. however. of both assemblies. The King is safeguarded and is not responsible. be appointed. Part III. In the event of the throne passing to a person below that age. He confirms laws. or for the urgent expenditure of public moneys not authorised by the budget or by special law. orders their promulgation and supervises their execution. or for the fulfilment of treaty obligations the King shall have the right of issuing ordinances. in the manner prescribed by article 21 above. civil officials. in the presence of both the presidents of the Senate and of the Chamber of Deputies. signed by them.

36. 39. The Chamber of Deputies shall settle any question connected with the qualifications requisite for the election of . No person may become a member of the Senate or Chamber of Deputies 1. be dissolved for the same reason. If the extraordinary session occurs in the months of November and December. and a sum of 1. Who is not a national of Iraq. or has been sentenced to any imprisonment for theft. 9. fresh elections must. The president and vice-president shall be elected by the assembly from among their number for a period of 1 year subject to confirmation by the King. A member of the Senate. Who has lost his civil rights. The method of election to the Chamber of Deputies shall be prescribed by a special law based on the principle of the secret ballot and the necessity for the representation nonIslamic minorities. The term of membership of the Senate shall be 8 years. 10. With the exception of Ministers. each year 1 session beginning on the 1st Day of November following the elections. The term of the Chamber of Deputies shall be for 4 ordinary sessions. term of imprisonment. 42. 29. forgery. If the 1st of that month fails on an official holiday. be held. A former deputy is eligible for re-election. Who claims foreign nationality or protection. 3. Art. of this law. Art. 32. Art. 43. If the Chamber of Deputies is dissolved for any special reason. half the Senators retiring every 4 years. This session shall be held in accordance with the terms of article 39 of this law relating to adjournment and extension. Who is less than 30 years of age in the case of deputies and less than 40 years of age in the case of senators. from among persons whose conduct has secured the confidence and esteem of the public and those who have served the State and nation with distinction in the past. shall receive an annual allowance of 5. 31. Such session shall be prorogued by Royal Irada. Who is related to the King in such degree as may be prescribed by special law: Provided always that no person may be a member of both assemblies at the same time. On the occasion of the first change being made. 33. The chamber may adjourn from time to time according to the internal regulations of the chamber. 5. The Senate shall be composed of not more than 20 members. he must choose the constituency which he desires to represent. then from the day following. Who has been sentenced to a. the first half shall be selected by lot. Art. The King shall convoke the chamber for its ordinary sittings in the capital on the 1st day of November of each year.Page 49 of 203 The legislature has the right of making laws and of amending and repealing them in conformity with the provision. Art. 37. the new chamber may not. such session shall be considered the first ordinary session of that period. Art. Art. 6. 30. Should the duration of the session be so extended. 7. for periods which shall not exceed a total period of 2 months. Art. 34. 40. fraud or any other crime incompatible with personal honour. in accordance the terms of article 38. Thereupon it shall commence its ordinary session. In the event of a dissolution of the chamber. 2. The Senate shall assemble and disperse at the same time as the Chamber of Deputies. Art. appointed by the King. such retiring Senators being eligible for re-appointment. 8. Art. Art. the King may convoke Parliament for an extraordinary session to deal with matters referred to in the order of convocation. The King shall open Parliament in person or depute the Prime Minister or one of the Ministers for that purpose to perform the opening ceremony and deliver the speech from the throne. dealing with the dissolution of the chamber. When not in ordinary session. Officials who are elected have the right of deciding whether they will accept membership or not. subject to the terms of paragraph (2) of article 26.250 rupees for every mouth in prolongation of such session or for every month of an extraordinary session. Who has been adjudicated bankrupt and has not been legally rehabilitated. In computing the period of the session the time covered by the said adjournments shall not be counted. 4. He may represent only one of the constituencies to be prescribed by the electoral law. for a period not less than 1 year in respect of any offence not of a political nature. Should the chamber not be so convoked on that day. In the event of a person being elected for more than one constituency. such session may not exceed a total period of 6 months. Farmers of land tax and lessees of Government «mulk» (2) and «miri» (3) lands shall be excepted from the operation of this clause. unless the King has dissolved the chamber before the expiration of that period. 2. Art. 41. bribery. or has extended the duration of the session to facilitate the completion of urgent business. in addition to travelling expenses. Who is a lunatic or an idiot.000 rupees for each ordinary session only. it shall meet of its own accord. Such session must be prorogued on the 31st October in any event. The Chamber of Deputies shall be constituted by election of the basis of 1 deputy for every 20. 35. 1. those who decide to become members must give up their Government appointments during the period of membership. unless such interest arises from his being a shareholder in a company composed of more than 25 persons. breach of trust. Art. Who has a material interest direct or indirect in any contract with a public department of Iraq. within a period of 8 days from the date on which he is informed. Every male Iraqi who has completed his 30th year and is not under any of the disqualifications set out in article 30. such interdiction being still in force. It shall also adjourn its sittings if the King shall so order not more than 3 times in any session. They shall be eligible for re-election. in order that the first ordinary session of the period mentioned above may begin at the beginning of November. is eligible for membership of the Chamber of' Deputies.000 males. 38. The new chamber shall be convoked in extraordinary session within a period not exceeding 4 months from the date of dissolution. which shall extend for 4 months. Who has been interdicted. Art. Art.

Art. All draft laws must be submitted to one of the two assemblies. Art. The transaction of the business of both assemblies and the conduct of debates. Art. Art. or opinion expressed. Neither assembly shall enter upon its labours unless the sitting is attended by at least one more than half of its members. 58. 61. of one of the Ministers. therein. two vice-presidents and two secretaries from among their number each year. who shall either confirm them or return them. in compliance with a notification by the president.000 rupees for every additional month beyond that period. or a person invited so to do by the assembly. 55. No majority shall be obtained unless half the members. unless otherwise provided by this law. Decisions shall be taken by a majority of votes of the members present. A member in the Chamber of Deputies is regarded as being a representative of the whole of Iraq and not of his constituency alone. 49. Art.Page 50 of 203 deputies. privileges and safeguards conferred upon the assembly by this law. The Senate and the Chamber of Deputies shall have the right of issuing rules and regulations concerning the following matters: 1. This procedure may be departed from in urgent cases or by consent of the Minister. 1. present cast their vote. or absence from the chamber of any member. one of the vice-presidents shall act for the president. The assemblies shall pass draft laws article by article separately. serve the nation and the country. In addition to travelling expenses. during the first sitting of the chamber. and then again as a whole. a by-election shall be held immediately. The meetings of both assemblies shall be open to the. The manner of exercising and maintaining the powers. 47. After they have been passed. observe the constitution. including objections raised against. but not of voting. At the request. it shall be sent to the Council of Ministers. 3. It shall also deal with matters relating to vacancies and resignations. The result of this election shall be made known to the King and shall be confirmed by him. the president shall have a casting vote. Art. deputies and senators shall take an oath before their respective assemblies that they will be loyal to the King. the debate on the question under discussion shall be conducted in camerâ. Both assemblies shall deal with draft laws presented to them by the Government. A Minister who is a member of either the Senate or Chamber of Deputies shall have the right of voting in the assembly of which he is a member and the right of speaking in both assemblies. No legal proceedings shall be taken against him on account of a vote given. loss of requisite qualifications. provided that he has the support of ten of his colleagues. 48. If the voting is equal. A member may resign his seat as deputy by forwarding his resignation in writing to the president. 51. or speech made during the debates and discussions of the assembly. Every member of the Chamber of Deputies has the right to propose the enactment of a draft law. the Government must inform the assembly thereof when it re-assembles. subject to the terms of article 46. or returned within a period of 15 days for reconsideration. 45. resignation. Should one of the assemblies decide that any draft law is of an urgent nature. Art. or unless he is arrested while in the act of committing a crime. 2. 59. 62. No member of Parliament shall be arrested or brought to trial while Parliament is in session. furnishing explanations and reasons therefor. 54. In the event of a vacancy occurring in the Chamber of Deputies caused by the death. whether sitting separately or jointly. 44. Any draft laws rejected by both assemblies shall not be re-introduced during the same session. Before entering upon their labours. in order that a draft law may be prepared. A member absent from the chamber without leave or without just cause for a period of 1 month is considered to have resigned. Each member shall vote in person. unless the assembly of which he is a member shall pass a resolution by a majority of votes that sufficient reasons exist for his being charged. they shall be submitted to the other assembly. . Every member shall have the right of absolute freedom of speech. or for every month of an extraordinary session. When necessary. 60. such draft law must be confirmed. 50. stating his reasons for so doing. shall have the right of precedence over other members in addressing the assemblies. provided that such discussion shall not take place until 8 days at least have elapsed from the day on which such questions or demands for explanations were put. Should a representative be arrested for any reason when Parliament is not sitting. Art. except members. Art. They shall not become law unless passed by both assemblies and confirmed by the King. unless requested to do so by the president. Art. Art. and faithfully perform the duties for which they have been elected. or ten of the deputies. Art. Art. Any proposal which is rejected by the chamber may not be re-introduced during the same session. Art. 46. together with a statement of the reasons for so doing. Discussions arising therefrom and from answers given in reply thereto shall be carried on in the manner prescribed by the internal regulations of each assembly. except in what concerns. No armed force may enter the assembly or remain near its precincts. Ministers who are not members of either assembly shall have the right of speaking in both. within a period of 3 months. 57. 56. If such proposal is accepted by the chamber. Art. Every member of Parliament has the right to put questions and demand explanations from Ministers. Art. 52. The Chamber of Deputies shall elect a president. a member of the Chamber of Deputies shall receive an annual allowance amounting to 4.000 rupees for an ordinary session and 1. or four of the senators. or persons representing them in their absence. Art. the financial matters referred to hereinafter. It passed. however. their election. Art. No person may enter either assembly and speak. Art. 2. subject to the regulations of the assembly of which he is a member. Ministers or high officials deputed by Ministers during their absence. Ministers. public. they shall be submitted to the King. Such resignation shall not become effective unless accepted by the Chamber of Deputies. 53. The method of voting shall be prescribed in the internal regulations of the assembly.

in accordance with the laws in force. and powers of jurisdiction conferred upon them. and for examining matters. the Chamber shall. Art. Art. 76. The spiritual councils of the communities. A Minister who is not a member of either assembly shall not. separation. The Chamber shall not be dissolved during the period. Art. Ministers of State shall be jointly responsible to the Chamber of Deputies for affairs dealing by the various Ministries and responsible severally for acts relating to each of the Ministries and departments attached thereto. divisions. 68.Page 51 of 203 Art. remain in office for more than 6 months. A Minister who is receiving a salary as a Minister shall not at the same time be entitled to his allowances as member of one of the assemblies. Any other matter of personal status relating to members of the communities. Art. appointment. The courts shall be free from all interference in the conduct of their affairs. such draft law shall be considered to have been passed by both assemblies. . in all actions and civil and criminal matters. and the execution of judgments shall be determined by special laws. If not passed in this manner. Art. The civil courts shall have jurisdiction over all persons in Iraq. freedom of testamentary disposition and similar matters relating to personal status not. 72. 67. It shall assemble under the chairmanship of the Prime Minister. Art. Matters relating to marriage. The jurisdiction of the civil courts includes civil. 64. 75. Art. with or without amendment. as well as the proceedings thereof. 65. attestations of wills other than those attested by a notary public (with the exception of those matters coming within the jurisdiction of the civil courts relating to members of the community). 69. and the other assembly insisting upon its acceptance. coming within the jurisdiction of the spiritual councils of the communities. A Minister shall not be allowed to buy or lease any of the property or possessions of the State. Art. Should the Chamber of Deputies pass a vote of no confidence in the Cabinet by a majority of members present. The Council of Ministers will undertake the conduct of affairs of State. 2. Religious courts. 70. Part IV. Part V. 79. 3. and those brought by or against the Iraq Government. 80. but shall not become low until it has been confirmed by the King. All judgments shall issue in the name of the King. 77. or in any other law in force. may be published. All sittings of the courts shall be open to the public. jurisdiction and supervision thereof. The Shara courts alone shall be competent to deal with actions relating to the personal status of Moslems and actions relating to the administration of Waqf foundations. presided over by the president of the Senate. Art. If the resolution in question relates to one Minister only. maintaining the appointment of both Sunni and J‘aferi Qadhis in the cities of Baghdad and Basra. shall be regulated by a law. as stated hereinafter in this law. if the parties so agree. A High Court shall be established for the trial of Ministers and members of Parliament accused of political offences relating to their public duties. such Minister must resign. Civil courts. grades and method of dismissal. 63. 2. such draft law shall not be re-introduced into either assembly during the current session. In the event of one of the assemblies rejecting a draft law twice. The Courts shall be divided into three classes: 1. A Minister shall despatch all business relating to his Ministry and departments attached thereto in manner prescribed by law. the Cabinet must resign. The spiritual councils of the communities include the Jewish spiritual councils and the Christian spiritual councils. Judges shall be appointed by Royal Irada and may only be removed in the circumstances mentioned in the special law dealing with the conditions governing their qualifications. 78. divorce. Special courts. Art. a joint meeting of the members of the Senate and Chamber of Deputies shall be held. and in order to deal with important matters in which the various Ministries are concerned. At the request of the Prime Minister or of the Minister concerned. Succession. postpone a vote of no confidence for a period not exceeding 8 days. provided that in matters relating to the personal status of foreigners and in other civil and commercial matters in which by international custom the terms of the law of a foreign country are to be applied. unless appointed member of the Senate or elected to the Chamber of Deputies before the expiration of flint period. in conformity with the terms of a special law. The Judicature Art. Art. Art. by a majority composed of two-thirds of the members of the joint assembly. Judgments of the courts. Art. The number of the Ministers of State shall not exceed 9 nor be less than 6. Art. subject to the provisions of this law. the grades. 74. by a special law. The procedure to be followed and the fees to be levied in the spiritual councils of the communities shall be prescribed by special law. The spiritual councils shall be competent to deal with the following matters: 1. and for the trial of judges of the Court of Cassation for offences arising out of the performance of their duties. Shara courts. The religious courts shall be divided into 1. If the draft law is accepted. The Qadhi shall be a member of the sect to which the majority of the inhabitants of the place to which be is appointed belong. Art. except those relating to sittings held in camerâ. No person may be a Minister who is under any of the disqualifications mentioned in article 30. 66. once only. unless some legal justification exists for holding sittings in camerâ. 73. 71. 2. The Prime Minister shall submit the recommendations of the council to the King for the purpose of obtaining his orders. alimony. with the exception of actions and matters coming within the jurisdiction of the religious or special courts. The manner of instituting the courts. but excluding foreigners who are members of such community. The Council of Ministers Art. commercial and criminal matters. Justice shall be administered in the Shara courts in accordance with the terms of the Shara doctrine peculiar to each of the Islamic sects. the places where they are to be established. with the object of discussing the articles regarding which a divergence of opinion exists. 81. Art. such law shall be applied in manner to be prescribed by special law. in order to decide what steps shall be taken with regard to affairs concerning more than one Ministry. Such councils shall be established. dowry.

All money received by Government officials must be paid into the State Treasury and accounted for in accordance with such procedure as is prescribed by law. No salary may be allotted. Art. Should it be necessary to interpret laws or regulations in circumstances other than those laid down in the preceding article. For settling criminal and civil cases relating to the tribe. Should it he found necessary to expend sums of money urgently while Parliament is not sitting. The Minister of Finance must in the first place submit to the Chamber of Deputies all draft laws for the appropriation of moneys or for increasing. Art. If a decision of this nature is taken. Special courts or committees shall be set up when necessity for dealing with the following matters: 1. to be issued with the concurrence of the Council of Ministers. presided over by the president of the Civil Court of Cassation. in accordance with a special law. the legal proceedings instituted against them shall continue. provided that where the period relating to them exceeds 8 years. Art. The court shall be composed of 8 members. except in accordance with a special law. Art. with the concurrence of the Council of Ministers. without distinction. contravenes the terms of the constitution must be taken by a two-thirds majority of the court. The debate on the budget law and voting thereon shall take place article by article separately. Art. granted. and the manner in which such judgments may be set aside or confirmed. Similarly. 98. and three others from among senior administrative officials. 92. For the trial of members of the Iraq military forces for offences mentioned in the Military Penal Code. The budget shall be voted upon vote by vote. contravening the constitution. until changed by law. issued for the convocation of the court. they must in each ease be the subject of a special law. the High Court shall be convoked by Royal Irada. 82. Should it be necessary to investigate any matter relating to the interpretation of the provisions of this or to ascertain whether any of the laws or regulations in force contravenes the provisions of the constitution. and their conformity with the constitution. or for the enjoyment of Government property. shall be deemed to be repealed ab initio. No item in the budget estimates shall be expended except in such manner as is prescribed by law. shall all be prescribed by special law. The court shall be constituted and set up in accordance with the terms of the preceding article. issue royal ordinances directing that 4. Art. except in accordance with law. the budget law and all draft laws relating to loans to be contracted by the Government must be submitted to the Chamber of Deputies. Persons accused by the Chamber of Deputies must relinquish their functions forthwith. Art. 16 shall assemble under the chairmanship of the President of the Senate. the members referred to in the preceding article shall be appointed in conformity with the terms of the Royal Irada. The Government may not contract any loan. Parliament must approve the budget in the session preceding the commencement of the financial year to which the law in question relates. nor remuneration paid. Taxes shall be collected from the various classes of taxpayers. 96. in accordance with tribal custom as provided for by special law. or any article of any law. Financial Matters Art. leased or otherwise disposed of except in accordance with law. which shall have been passed separately in each ease by a two-thirds majority of the members present in the Chamber of Deputies. the law. Art. or portion of the law in question. 91. Art. 3. Should it be necessary to hold a trial as stated in the preceding article. except in accordance with law. not including the president. nor any moneys belonging to the State Treasury expended for any reason whatsoever. a Diwan Khas [special bench] shall be constituted at the request of the Minister concerned. Part VI. 93. Cases dealt with by the High Court must be settled in accordance with law and by a two-thirds majority of the court. Art. the High Court. The decisions of the court shall not be subject to appeal or cassation. The budget estimates shall be sanctioned by an annual law known as «the budget law». 102. Art. The procedure to be followed in the special courts. No property of the State may be sold. 101. to be selected by the Senate in the ratio of four from their own numbers and four from among the senior judges. Decisions taken by the High Court regarding matters referred to in article 83 (with the exception of those matters referred to in article 86) and taken by the Diwan Khas regarding matters referred to in article 84 shall be taken by a majority of the court or Diwan Khas. except in accordance with law. For the settlement of disputes arising between the Government and Government servants concerning their duties. nor for any public service. shall be convened by means of a Royal Irada to be issued in pursuance of a resolution charging the person concerned. nor shall the State revenues be farmed out. 86. 99. the expenditure of which has not been sanctioned by the budget or by a special law. decreasing or cancelling the approved budget estimates. 2. 89. . 83. All taxes and excise dues shall remain unaltered as from the coming into force of this law. Art. and no person may be exempted from payment thereof. It shall then be voted upon as a whole. Art. Every decision taken by the High Court to the effect that any law. Such decisions shall apply to all courts and Government departments. If lie is unable to attend. nor undertake anything involving payment out of public moneys.Page 52 of 203 connected with the interpretation of laws. 84. 88. three members of the court being selected from among the judges of the Court of Cassation. the King may. Art. For investigating disputes relating to the possession or boundaries of lands. 85. 94. 95. No monopoly or concession shall be granted for dealing with or using any of the natural resources of the land. unless the budget law makes provision therefor. the method of appeal from the judgments of such courts. the fees to be levied. 90. Art. Art. 97. 87. the court shall be presided over by the vice-president. Art. The budget law must contain an estimate of the income and expenditure for the year in question. If they resign. Art. Art. Should Parliament not be in session. 100. No taxes shall be imposed except in accordance with a law confirmed by the King after approval by Parliament: provided that this shall not apply to sums of money received by Government departments in return for public services rendered. Art.

A law shall be passed providing for the setting up of a department for the purpose of examining all expenditure and for the drawing up of a report for presentation to Parliament. On the expiration of the period covered by such estimates. no amendment whatsoever may be made in the constitution for a period of 5 years from the date of the coming into force . Art. The Chamber of Deputies may not take any decision. 109. regulations and laws issued by the Commander-in-chief of His Britannic Majesty‘s forces in Iraq. be entertained and shall be considered null and void in the absence of such proof brought forward by the complainant. unless approved by the King. The councils referred to above shall be under the supervision of the Government. whether in a military or civil capacity. This procedure may be repeated on such occasions as may be necessary. at least once in each year. to be expended over a period of years. names. Should the new financial year have begun before the promulgation of the budget law relating thereto. unless the complainant can furnish proof to the contrary. The law referred to in the preceding article shall provide that steps shall be taken in certain of the administrative divisions to ensure the performance of any obligations relating thereto. or until the High Court issues a decision rendering them null and void. military courts or by any Military Governor or Political or Assistant Political Officer or other officials authorised to try criminal offences and also the penalties imposed upon those persons tried in the courts referred to above. Any portion thereof still unrepealed by that date shall remain in force until changed or repealed by the legislative power. shall all be considered to have been passed by the regularly constituted courts of Iraq. Art. the Civil Commissioner. Any action or judicial proceeding with regard to any such act shall not. 108. or by the persons referred to. 119. and the expenditure thereof. the powers of the officials and their titles shall be prescribed by a special law. Such communities shall also undertake the supervision of the property of orphans in accordance with law. Art. Art. in order that the objects of this law may be given effect. Constitutional Amendments Art. Art. Art. manner of institution. shall remain in force in Iraq so far as circumstances permit. In the administrative divisions. within 1 year from the coming into force of this law. published on or after that date which have remained in force in Iraq up to the time of the publication of this law. Art. Each community shall have the right of establishing councils in important administrative districts. Part VIII. 103. The currency system of the State shall be established by law. No draft law may be introduced. 116. and until they are altered or repealed by the legislative power. amend any of the subsidiary matters contained therein or add to them. regulations and laws referred to in the following article. nor propose any amendment to a draft law. in matters which come within their jurisdiction. 110. Part IX. shall be considered to have been given by the regularly constituted courts of Iraq. or the carrying out of orders issued in accordance with martial law between the 5th November. The administrative districts of Iraq. with a view to the suppression of hostilities. Art. the budget of the preceding year shall be followed without prejudice to the right of issuing the ordinances referred to in article 102. Art. 117. their classes. and the date of the coming into force of this constitution. as to whether such expenditure is in conformity with the appropriations as approved by Parliament and has been expended in accordance with the procedure laid down by law. 105. Art. and laws. or by Political and Assistant Political Officers. 1914. involving the expenditure of any portion of the public revenues. the Government of His Majesty King Faisal or by any official duly authorised thereunto. and should Parliament have assembled. Parliament may pass a law for the appropriation of specified sums of money. the High Commissioner. 107. nor any proposal put forward in either assembly. Every act referred to in this article shall be considered to have been done in good faith. and the High Commissioner. and those issued by the Government of His Majesty King Faisal during the period between the 5th November. Art. Art. 111. except by a Minister. 1914. provided that Parliament shall agree by a two-thirds majority of votes in both chambers. All proclamations. They shall be competent to deal with the collection of income derived therefrom. the Minister of Finance may submit a fresh draft law of a similar nature. Art. the establishment and consolidation of order and public security. and the date of the coming into force of the constitution. 106. the Minister of Finance shall submit a draft law containing provisional budget estimates for a period not exceeding 2 months. Municipal affairs in Iraq shall be administered by means of municipal councils in accordance with a special law. or the High Court issues a decision rendering them null and void in accordance with the provisions of article 86. 114. Confirmations of Laws and Judgments Art. Every person shall be considered to be released and exempt from all claims relating to any acts performed by him in good faith in conformity with instructions issued by the Commander-in-chief of His Britannic Majesty's forces in Iraq. competent to administer buildings and properties dedicated to Waqfs [pious foundations] and bequests for charitable purposes. administrative councils shall perform such duties as may be prescribed for them by law. in accordance with the wishes of the donor or with the custom in use among the community. All judgments and decisions in criminal matters given by the courts set up after the occupation by His Britannic Majesty's forces or by courts-martial. All judgments passed in civil and Shara actions by the Ottoman courts before the occupation by His Britannic Majesty's forces. Administration of the Provinces Art. Art. 113.Page 53 of 203 financial measures shall be taken as provided by paragraph (3) of article 26. 112. the Civil Commissioner. 1914. and likewise judgments passed in civil and Shara actions by the courts set up after the said occupation. in accordance with the provisions of article 86. or the Constituent Assembly. arising out of treaties concluded by the King and approved by Parliament or the Constituent Assembly. Part VII. involving the reduction of expenditure arising out of treaties approved by Parliament. Should Parliament not be sitting. Ottoman laws published before the 5th November. subject to any modification or repeal in conformity with the proclamations. Parliament may. 115. 118. shall be considered to be valid as from the date on which they came into force. 104. Subject to the provisions of the preceding article.

122. This law shall come into force from the date of which it is confirmed by the King. as stated in part V of this law. the Chamber of Deputies shall be dissolved and a new chamber elected. as stated in Part V of this law. The Department. 2. After such amendment has been approved. Shalan Kadri. provided that those charged with the execution of the proclamation shall be subject to any legal consequences of their acts. Made at Baghdad on the 21st day of March. 121. August 12. of Islamic Waqfs shall be considered to be an official Government department. subject to the approval of the Council of Ministers. Should the interpretation relate to the provisions of this constitution. or should anything happen indicating the likelihood of the occurrence of events of such a character in any part whatsoever of Iraq. the King shall have power. or should there be a menace of hostile attack upon any part whatsoever of Iraq. Should the interpretation relate to any law connected with the administration of public affairs. it shall appertain to the Diwan Khas. nor after the expiration of that period. The application of the existing laws and regulations may be suspended by the proclamation declaring martial law in force. 1928. Should disturbances occur.) (3) «Miri» means any land which is not registered as a government or state property. Every amendment must be approved by a two-thirds majority of both the Chamber of Deputies and the Senate. its affairs being administered and its finances regulated in accordance with a special law. webmaster of The Constitutional Monarchy Movement. Vol. pp. Shalan Kadri. it shall appertain to the High Court. No. webmaster of The Constitutional Monarchy Movement. Explanation given by Mr. 1926. (2) «Mulk» means owned property as declared by a deed. 1343. 3. and the 25th day of Sha‘ban. . 31. An amendment which has been approved by the former chamber shall be submitted again to the new Chamber and Senate. Therefore government «mulk» means government owned property. except in the following manner. in such places and to such extent as may be prescribed in such proclamation.] (1) Approved by the Minister of Justice and published in the Iraq Government Gazette». (Explanation given by Mr. be necessary to interpret any provision of law: 1. Any other matters requiring interpretation shall appertain to the courts of justice having jurisdiction in the cases in which need for interpretation arises.Page 54 of 203 thereof. 123. 383-402. to proclaim martial law provisionally in those districts of Iraq exposed to the danger of disturbances or attacks. Art. 120. Part I. CXXIII. London 1931. Art. until a special law ahs been passed by Parliament exempting them therefrom.) [Top] Source British and Foreign State Papers. General Provisions Art. or as an endowment. Faisal. If approved by a two-thirds majority of each assembly the amendment shall be submitted to the King for confirmation and promulgation. Land under that category was leased or sold to people interested in cultivating them or whatever they were zoned for. Should it. The government encouraged individual(s) to cultivate the land but not to built fixed establishments in it. and not privately owned to individual(s). Thus «miri» land belonged (but not owned) by default to the state of Iraq. [Signatures of Ministers. Part X. The method of administration of the places in which martial law has been declared to be in force shall be prescribed by Royal Irada. 1925. Art.

We are the people of the land between two rivers. locality complex. October 12. religions and sects and is a founding and active member of the Arab League and is committed to its covenant. No law that contradicts the principles of democracy may be established. SECTION ONE: FUNDAMENTAL PRINCIPLES Article 1: (The Republic of Iraq is a single. and terrorism did not stop us from marching forward to build a nation of law. and to follow the path of peaceful transfer of power and adopt the course of the just distribution of resources and providing equal opportunity for all. Opening schools that teach the two languages. This Constitution is the guarantor of its unity) Article 2: First: Islam is the official religion of the State and it is a fundamental source of legislation: A. Second: This Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice such as Christians. and official conferences. pioneers of civilization. democratic. It was translated from the Arabic by the United Nation's Office for Constitutional Support.Page 55 of 203 Iraq 2005 Full Text of Iraqi Constitution Draft Document. C. and to the elderly and their concerns. through the values and ideals of the heavenly messages and the findings of science and man's civilization. D. the most merciful. Al-Dujail and others and articulating the sufferings of racial oppression in the massacres of Halabcha. The adherence to this constitution preserves for Iraq its free union. No law that contradicts the rights and basic freedoms stipulated in this constitution may be established. the Council of Ministers. the Iraq of the future free from sectarianism. Publication of the official gazette. (Third: The federal institutions and agencies in the Kurdistan region shall use the Arabic and Kurdish languages.N. Items in parentheses are amendments approved Wednesday by parliament and translated by The Associated Press. passports and stamps. B.) . to Be Presented to Voters Saturday Courtesy the Associated Press Wednesday. pluralistic system. E. and Mandi Sabeans. and to children and their affairs and to spread a culture of diversity and defusing terrorism. the most compassionate We have honored the sons of Adam. 2005 3:06 PM The following is the full text of the draft constitution being voted on by Iraqis in Saturday's referendum. Sectarianism and racism have not stopped us from marching together to strengthen our national unity. in accordance with the educational guidelines. Article 3: (Iraq is a country of many nationalities. We the people of Iraq who have just risen from our stumble. Use of both languages in any settings enjoined by the principle of equality such as bank notes. Shiite and Sunni. and upon our soil. have resolved with the determination of our men. companions of the Prophet and saints prayed. the most ancient just pact for homelands policy was inscribed. C. on the thirtieth of January two thousand and five. such as the Council of Representatives. abode of the virtuous imams. discrimination and exclusion. THE PREAMBLE In the name of God. Acknowledging God's right over us. Its system of government is republican. invoking the pains of sectarian oppression sufferings inflicted by the autocratic clique and inspired by the tragedies of Iraq's martyrs. so we sought hand in hand and shoulder to shoulder to create our new Iraq. and in fulfillment of the call of our homeland and citizens. courts. The amendments were made too late to be included in the U. federal. the marshes. and to tend to the concerns of women and their rights. marched for the first time in our history toward the ballot boxes by the millions. to establish justice and equality to cast aside the politics of aggression. We the people of Iraq of all components and shades have taken upon ourselves to decide freely and with our choice to unite our future and to take lessons from yesterday for tomorrow. young and old. to respect the rules of law. and the translation was approved by the Iraqi government. B. and who are looking with confidence to the future through a republican. Recognition and publication of the official documents and correspondences in the two languages. Iraq is a part of the Islamic world. is guaranteed. symbols and elderly and from the displacement of their skilled individuals and from the drying out of their cultural and intellectual wells. or in any other language in private educational institutions. Accusations of being infidels. women. and in response to the call of our religious and national leaderships and the determination of our great (religious) authorities and of our leaders and reformers. Speech. Arabs and Kurds and Turkmen and from all the other components of the people and recollecting the darkness of the ravage of the holy cities and the South in the Sha'abaniyya uprising and burnt by the flames of grief of the mass graves. Second: The scope of the term official language and the means of applying the provisions of this article shall be defined by law which shall include: A. men and women.) Article 4: First: The Arabic language and Kurdish language are the two official languages of Iraq. its people. in either of the two languages. Yazedis. the homeland of the apostles and prophets. this lasting constitution. crafters of writing and cradle of numeration.-translated text being distributed to Iraqi voters and will be publicized in the press. conversation and expression in official settings. the elderly and youth. to draft. representative 61/27Parliamentary63/47 and democratic. in government educational institutions in accordance with educational guidelines. No law that contradicts the established provisions of Islam may be established. Anfal and the Fayli Kurds and inspired by the ordeals of the Turkmen in Basheer and as is the case in the remaining areas of Iraq where the people of the west suffered from the assassinations of their leaders. Barzan. Syriac and Armenian. in the two languages. racism. and in the midst of an international support from our friends and those who love us. Upon our land the first law made by man was passed. such as Turkmen. its land and its sovereignty. philosophers and scientists theorized and writers and poets excelled. independent federal state with full sovereignty. The right of Iraqis to educate their children in their mother tongue.

Second: A law shall regulate the decorations.) (Second: An Iraqi is any person born to an Iraqi father or mother. color. except by a judicial decision. This ban encompasses the activities of the personnel mentioned above acting in their personal or official capacities. and shall prohibit associated equipment. Any text in any regional constitutions or any other legal text that contradicts it is deemed void. The state guarantees the taking of the necessary measures to achieve such equal opportunities. including military personnel working at the Ministry of Defense or any subordinate departments or organizations. establish relations on the basis of mutual interests and reciprocity. and advise the Iraqi government. or put in danger. Article 16: Equal opportunities are guaranteed for all Iraqis. origin. Fourth: An Iraqi may have multiple nationalities. The Iraqi Armed Forces and Security Services will be composed of the components of the Iraqi people with due consideration given to its balance and its similarity without discrimination or exclusion and shall be subject to the control of the civilian authority. may adopt racism. Article 15: Every individual has the right to enjoy life. This service shall be under civilian control and shall be subject to legislative oversight and shall operate in accordance with the law and pursuant to the recognized principles of human rights. especially the Saddamist Baath in Iraq and its symbols. and use of such weapons. and guaranteeing the free practice of rituals in them. and in accordance with the law. B. terrorism. national anthem. adhere to the principle of non-interference in the internal affairs of other states. Article 9: First: A. An Iraqi citizen by birth may not have his nationality withdrawn for any reason. may not stand for election to political office. and delivery systems for use in the development. and biological weapons. The Iraqi National Intelligence Service shall collect information. Nothing in this Article shall infringe upon the right of these personnel to cast their vote in the elections. religion. security sovereign position must . regardless of the name that it adopts. Article 12: First: The flag. glorify. the calling of others infidels. Article 17: First: Every individual shall have the right to personal privacy. Any person who had his nationality withdrawn shall have the right to reclaim it. security and liberty. under any name. Article 18: (First: Iraqi nationality is the right of every Iraqi and shall be the basis of his citizenship. Article 6: Transfer of authority shall be made peacefully through democratic means as stipulated in this Constitution. technologies. facilitate. and respect its international obligations. SECTION TWO: RIGHTS AND LIBERTIES CHAPTER ONE: RIGHTS FIRST: Civil and Political RightsFIRST: Civil and Political Rights Article 14: Iraqis are equal before the law without discrimination based on gender. Article 8: Iraq shall observe the principles of a good neighborliness. belief or opinion. materiel. production. The Iraqi nationality shall be withdrawn from the naturalized in the cases stipulated by law. and this will be stipulated by law. ethnicity. manufacture. This may not be part of the political pluralism in Iraq. E. race. religious and national occasions and the Hijri and Gregorian calendar. C. and nonuse of nuclear. Fifth: Each region or governorate may adopt any other local language as an additional official language if the majority of its population so decide in a general referendum. assess threats to national security. endeavor to settle disputes by peaceful means. The people are the source of authorities and its legitimacy. chemical. The State is committed to confirming and safeguarding their sanctity. B. or justify thereto. Second: National service will be stipulated by law. or incite. Second: The State shall undertake combating terrorism in all its forms. shall not interfere in the political affairs and shall have no role in the transfer of authority. nondevelopment. campaign for candidates. Article 10: The holy shrines and religious places in Iraq are religious and cultural entities. and emblem of Iraq shall be fixed by law in a way that represents the components of the Iraqi people. and shall work to protect its territories from being a base or pathway or field for terrorist activities. The formation of military militia outside the framework of the armed forces is prohibited. searched. Article 5: The law is sovereign. Article 11: Baghdad is the capital of the Republic of Iraq. Article 13: First: This constitution is the sublime and supreme law in Iraq and shall be binding in all parts of Iraq without exception. official holidays. or economic and social status. Deprivation or restriction of these rights is prohibited except in accordance with the law and based on a decision issued by a competent judicial authority. Second: No law shall be enacted that contradicts this constitution. The Iraqi Armed Forces and its personnel. D. promote. non-production. This will regulated by law. ethnic cleansing. so long it does not contradict the rights of others and public morals. This will be organized by law. Second: The sanctity of the homes is inviolable and homes may not be entered. The Iraqi Armed Forces shall defend Iraq and shall not be used as an instrument of oppression against the Iraqi people. or participate in other activities prohibited by the Ministry of Defense regulations.) Third: A. which the people shall exercise in a direct general secret ballot and through their constitutional institutions. Everyone who assumes a senior.Page 56 of 203 Fourth: The Turkmen language and Syriac language are two other official languages in the administrative units in which they represent density of population. Article 7: First: No entity or program. creed. The Iraqi Government shall respect and implement Iraq's international obligations regarding the non-proliferation.

Twelfth: A.Page 57 of 203 abandon any other acquired nationality. childhood and old age and shall care for children and youth and provides them with the appropriate conditions to further their talents and abilities. amended. Sixth: Every person has the right to be treated with justice in judicial and administrative proceedings. The punishment shall only be for an act that the law considers a crime when perpetrated. Every Iraqi has the right to own property throughout Iraq. This will be organized by law. detention or arrest is prohibited in places not designed for it. school and society shall be prohibited. Article 25: The State guarantees the reform of the Iraqi economy in accordance with modern economic principles to ensure the full investment of its resources. Article 19: First: The judiciary is independent and no power is above the judiciary except the law. Eighth: Punishment is personal. The family is the foundation of society. Second: No property may be taken away except for the purposes of public benefit in return for just compensation. Third: A. Article 23: First: Personal property is protected. diversification of its sources and the encouragement and the development of the private sector. Fourth: The right to a defense shall be sacred and guaranteed in all phases of investigation and trial. care and education. the State preserves its entity and its religious. It may be extended only once and for the same period. Article 30: . Second: The provisions related to the protection of State properties and its management and the conditions for its disposal and the limits under which none of these properties can be relinquished shall all be regulated by law. Second: A law shall regulate the right of political asylum to Iraq. Article 29: First: A. Owning property for the purposes of population change shall be prohibited. Eleventh: The court shall delegate a lawyer at the expense of the state for an accused of a felony or misdemeanor who does not have a defense lawyer. The State guarantees the protection of motherhood. disability and old age. men and women. This will be organized by law. social and cultural liberties Article 22: First: Work is a right for all Iraqis so as to guarantee them a decent living. except as exempted by law. pursuant to prison regulations covered by health and social care and subject to the scrutiny of the law. exempted or pardoned from. Third: Litigation shall be a safeguarded and guaranteed right for all. Ninth: A law does not have a retroactive effect unless the law stipulates otherwise. No others may possess immovable assets. Seventh: The proceedings of a trial are public unless the court decides to make it secret. This will be organized by law. This will be organized by law. except in accordance with law. Third: Economic exploitation of children shall be completely prohibited. Second: There is no crime or punishment except by a stipulation. Article 26: The state guarantees the encouragement of investments in the various sectors. Second: The law regulates the relationship between employees and employers on economic basis and with regard to the foundations of social justice. (Unlawful) detention is prohibited. This will be organized by law. Parents shall have right over their children in regard to respect and care especially in times of need. Article 24: The State guarantees freedom of movement of Iraqi manpower. unless it is to the benefit of the accused. This exclusion shall not include laws relating to taxes and fees. Second: Low wage earners shall be exempted from taxes in a manner that ensures the upholding of the minimum wage required for survival. B. Third: No political asylum shall be granted to a person accused of committing international or terrorist crimes or any person who inflicted damage on Iraq. The accused may not be tried on the same crime for a second time after acquittal unless new evidence is produced. Tenth: Criminal law does not have a retroactive effect. This will be organized by law. Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of settling people that cause an imbalance in the population composition of Iraq. B. and its protection is the duty of each citizen. B. Article 28: First: No taxes or fines may be imposed. No political refugee shall be surrendered to a foreign entity or returned forcibly to the country from which he fled. Sixth: A law shall regulate the provisions of nationality. Third: The State guarantees the right of forming and joining professional associations and unions. to elect and to nominate. have the right to participate in public affairs and to enjoy political rights including the right to vote. Fourth: All forms of violence and abuse in the family. Article 20: The citizens. exploit and utilize personal property within the limits of the law. The proprietor shall have the right to benefit from. The competent courts shall consider the suits resulting from it. goods and capitals between regions and governorates. A harsher sentence than the applicable sentence at the time of the offense may not be imposed. The State shall take the necessary measures to protect them. Article 21: First: No Iraqi shall be surrendered to foreign entities and authorities. Thirteenth: The preliminary investigative documents must be submitted to the competent judge in a period not to exceed twenty-four hours from the time of the arrest of the accused. SECOND: Economic. Fifth: The accused is innocent until proven guilty in a fair legal trial. Second: Children have right over their parents in regard to upbringing. Article 27: First: Public property is sacrosanct. moral and patriotic values.

Primary education is mandatory and the state guarantees to eradicate illiteracy. (D. B.) Article 36: The state guarantees in a way that does not violate public order and morality: A. invention and the different aspects of ingenuity. political and religious coercion. and shall work to protect them from ignorance. the executive and the judicial powers. society or political entity or force him to continue his membership in it. trafficking of women and children. C. Freedom of assembly and peaceful demonstration. This shall be regulated by law. and residence inside and outside Iraq. except by law or on the basis of it. its affairs and its religious institutions. Freedom of press. to support. B. electronic. including the Husseini ceremonies (Shiite religious ceremonies) B. . The State shall provide them housing and special programs of care and rehabilitation. Article 42: First: Each Iraqi enjoys the right of free movement. through all means. wiretapped or disclosed except for legal and security necessity and by a judicial decision. Third: The State encourages scientific research for peaceful purposes that serve man and supports excellence. The State shall prohibit the tribal traditions that are in contradiction with human rights. homelessness. Second: No Iraqi may be exiled. All forms of psychological and physical torture and inhumane treatment shall be prohibited. This will be organized by law. Article 32: The State cares for the handicapped and those with special needs and ensure their rehabilitation in order to reintegrate them into society. and mail. Second: The State guarantees the protection of the individual from intellectual. and insofar as that limitation or restriction does not violate the essence of the right or freedom. The victim shall have the right to compensation in accordance with the law for material and moral damages incurred. This shall be regulated by law.Page 58 of 203 First: The state guarantee to the individual and the family -especially children and women -. Any confession coerced by force. Second: The State shall seek the advancement of the Iraqi clans and tribes and shall attend to their affairs in a manner that is consistent with religion and the law and upholds its noble human values in a way that contributes to the development of society. Second: It is prohibited to force any person to join any party. Management of the endowments. (Fourth: The State will promote cultural activities and institutions in a way that is appropriate with Iraq's civilizational history and culture. travel. It will take care to depend on authentic Iraqi cultural trends. C. develop and preserve its independence in a way that is consistent with peaceful means to achieve its legitimate goals. Article 34: First: Education is a fundamental factor in the progress of society and is a right guaranteed by the state. Third: Compulsory service (unpaid labor). and the sex trade is prohibited. Second: The State guarantees the social and health security to Iraqis in cases of old age. orphanage or unemployment. Article 31: First: Every citizen has the right to health care. and the State should encourage its activities and promotion and will provide its necessities) Article 37: First: The freedom of forming and of joining associations and political parties is guaranteed. serfdom. Article 40: Each individual has freedom of thought. Practice of religious rites.social and health security and the basic requirements for leading a free and dignified life. Article 41: First: The followers of all religions and sects are free in the: A. They exercise their specialization and tasks on the basis of the principle of separation of powers. threat. Every Iraqi has the right to engage in sports. CHAPTER TWO: LIBERTIES Article 35: First: A. The state takes care of public health and provide the means of prevention and treatment by building different types of hospitals and medical institutions. and other correspondence shall be guaranteed and may not be monitored. or choices. Article 39: Iraqis are free in their commitment to their personal status according to their religions. employment disability. Fourth: Private and public education is guaranteed. displaced or deprived from returning to the homeland. and telephonic correspondence. Second: The State undertakes the protection and preservation of the environment and biological diversity. beliefs. telegraphic. conscience and belief. media and publication. Article 44: There may not be a restriction or limit on the practice of any rights or liberties stipulated in this constitution. Article 38: The freedom of communication. This will be organized by law. Article 33: First: Every individual has the right to live in a safe environment. sickness. No person may be kept in custody or interrogated except in the context of a judicial decision. slave trade (slavery). or torture shall not be relied on. Second: Individuals and institutions may build hospitals or clinics or places for treatment with the supervision of the state and this shall be regulated by law. The law shall regulate this. The liberty and dignity of man are safeguarded. Article 43: First: The State shall seek to strengthen the role of civil society institutions. SECTION THREE: FEDERAL POWERS Article 45: The federal powers shall consist of the legislative. Freedom of expression. advertisement. sects. This will be organized by law. fear and poverty. The state also ensures the above a suitable income and appropriate housing. This shall be regulated by law. Second: The state guarantees freedom of worship and the protection of the places of worship. creativity. printing. Second: Free education is a right for all Iraqis in all its stages. This shall be regulated by law.

Article 50: First: The Council of Representatives shall decide by a twothirds majority. Its eldest member shall chair the first session to elect the president of the Council and his two deputies. Article 51: First: Sessions of the Council of Representatives shall be public unless it deems them otherwise. Article 49: The Council of Representatives shall set its bylaws to regulate its work. Article 53: The Council of Representatives shall elect in its first session its president. at a ratio of one representative per 100. Second: A. The session in which the general budget is being presented shall not end until its approval. Third: A law shall regulate the requirements for the candidate. Article 57: First: A. starting with its first session and ending with the conclusion of the fourth year. dismissal or death. the voter and all that is connected with the elections. Third: Elect the President of the Republic. then his first deputy and second deputy. Proposed laws shall be presented by ten members of the Council of Representatives or by one of its specialized committees. Article 55: The Council of Representatives shall have one annual term with two legislative sessions lasting eight months. Article 54: First: The electoral term of the Council of Representatives shall be limited to four calendar years. Second: The new Council of Representatives shall be elected forty-five days before the conclusion of the previous electoral term. Second: Monitoring the performance of the executive authority. This period may not be extended by more than the aforementioned one. Bills shall be presented by the President of the Republic and the Prime Minister. by an absolute majority. Article 56: First: The President of the Republic or the Prime Minister or the President of the Council of Representatives or fifty members of the Council of Representatives may call the Council to an extraordinary session. The Iraqi Army Chief of Staff. The Council of Representatives quorum shall be fulfilled by an absolute majority of its members. his assistants and those of the rank of division commanders and above and the director of the intelligence service based on a proposal from the Cabinet. Article 48: Each member of the Council of Representatives must take the following constitutional oath before the Council prior to assuming his duties: (I swear by God the Almighty to carry out my legal tasks and responsibilities devotedly and honestly and preserve the independence and sovereignty of Iraq. Decisions in the sessions of the Council of Representatives shall be made by a simple majority after quorum is fulfilled. or the Prime Minister or the President of the Council or fifty members of the Council of Representatives. and watch over the safety of its land. Sixth: No member of the Council of Representatives shall be allowed to hold any other official position or work.Page 59 of 203 CHAPTER ONE: THE LEGISLATIVE POWER: Article 46: The federal legislative power shall consist of the Council of Representatives and the Federation Council. Second: Minutes of the sessions shall be published in means regarded appropriate by the Council. Article 52: The President of the Republic shall call upon the Council of Representatives to convene by a presidential decree within fifteen days from the date of the ratification of the general elections results. God is my witness). They shall be elected through a direct secret general ballot. by an absolute majority of the total number of the Council members by direct secret ballot.000 Iraqi persons representing the entire Iraqi people. unless stipulated otherwise. Fifth: To approve the appointment of the following: A. and I shall endeavor to protect public and private liberties. and safeguard the interests of its people. The session shall be restricted to the topics that necessitated the request. may ask for an extension of the legislative session of the Council of representatives for no more than thirty days in order to complete the tasks that required the extension. Sixth: . Chief Public Prosecutor and the President of Judicial Oversight Commission based on a proposal from the Higher Juridical Council. Fifth: The Council of Representatives shall promulgate a law dealing with the replacement of its members on resignation. the membership authenticity of its members within thirty days from the date of filing an objection. Fourth: A law shall regulate the ratification of international treaties and agreements by a two-thirds majority of the members of the Council of Representatives. The President and members of the Federal Court of Cassation. The representation of all components of the people in it shall be upheld. Fourth: The elections law aims to achieve a percentage of women representation not less than one-quarter of the Council of Representatives members. the independence of the judiciary and adhere to the applications of the legislation neutrally and faithfully. B. The bylaw shall define the method of convention. Second: A candidate to the Council of Representatives must be a fully eligible Iraqi. B. FIRST: The Council of Representatives Article 47: First: The Council of Representatives shall consist of a number of members. Ambassadors and those with special grades based on a proposal from the Cabinet. skies. Second: The President of the Republic. resources and federal democratic system. waters. C. B. Article 58: The Council of Representatives specializes in the following: First: Enacting federal laws. Second: The decision of the Council of Representatives may be appealed before the Federal Supreme Court within thirty days from the date of its issuance.

extendable after approval each time. The discussion on the question shall begin at least seven days after submitting the question. upon the request of one-third of its members or upon the request of the Prime Minister and the consent of the President of the Republic. C. At least twenty-five members of the Council of representatives may table a general issue for discussion to obtain clarity on the policy and the performance of the Cabinet or one of the Ministries. Relieve the President of the Republic by an absolute majority of the Council of Representatives members after being convicted by the Supreme Federal Court in one of the following cases: 1. C. and it may suggest to the Cabinet to increase the total expenses.High treason. The Cabinet in this case is considered resigned and continues to run everyday business. B. unless the member is accused of a felony and the Council of Representatives members consent by an absolute majority to lift his immunity or if caught in flagrante delicto in the commission of a felony. The Prime Minister shall present to the Council of Representatives the measures taken and the results within the period of declaration of war and within 15 days of the end of the state of emergency. A Council of Representatives member with the agreement of twenty-five members may direct a question to the Prime Minister or the Ministers to call them to account on the issues within their authority. The issue of no confidence in the Minister may be tabled only on that Minister's wish or on a signed request of fifty members after an inquiry discussion directed at him. his two deputies and the members of Council of Representatives. enacted by a two-third majority of the members . C. Second: The Council of Representatives may conduct transfers between the sections and chapters of the general budget and reduce the total of its sums. The Government is considered resigned in case of withdrawal of confidence from the Prime Minister. 3.The President of the Republic may submit a request to the Council of Representatives to withdraw confidence from the Prime Minister. A law. the President of the Republic shall call for general elections in the country within a period not to exceed sixty days from the date of its dissolution. The Council may not be dissolved during the period in which the Prime Minister is being questioned. and the Prime Minister or the Ministers shall specify a date to come before the Council of Representatives to discuss it.Perjury of the constitutional oath. and the member may not be prosecuted before the courts for such. 2. Article 60: First: A law shall regulate the rights and privileges of the speaker of the Council of Representatives. The Prime Minister shall be authorized with the necessary powers that enable him to manage the affairs of the country within the period of the state of emergency and war. D.Violating the Constitution. The Member who has asked the question solely has the right to comment on the answer. B. This request may be submitted only after a question has been put to the Prime Minister and after at least seven days from submitting the request. Question the President of the Republic based on a justifiable petition by an absolute majority of the Council of Representatives members. unless the member is accused of a felony and with the consent of the speaker of the Council of Representatives to lift his immunity or if he is caught in flagrante delicto in the commission of a felony.The Council of Representatives may withdraw confidence from the Prime Minister based on the request of one-fifth (1/5) of its members. Article 61: First: The Council of Representatives may dissolve itself with the consent of the absolute majority of its members. 2. To consent to the declaration of war and the state of emergency by a two-thirds majority based on a joint request from the President of the Republic and the Prime Minister. E. Each member of the Council of Representatives shall enjoy immunity for statements made while the Council is in session. The Council of Representatives shall not issue its decision regarding the request except after at least seven days of its submission. 1. 3. The Council of Representatives member may direct questions to the Prime Minister and the Ministers on any subject within their specialty and they may answer the members' questions. Seventh: A.The Council of Representatives shall decide to withdraw confidence from the Prime Minister by an absolute majority of its members. C. A Council of Representatives member may not be arrested after the legislative term of the Council of Representatives. Second: Upon the dissolution of the Council of Representatives. Second: A. The Council of Representatives may interrogate independent commission heads in accordance with the same procedures as for the ministers and may dismiss them by an absolute majority. when necessary. A Council of Representatives member may not be placed under arrest during the legislative term of the Council of Representatives.Page 60 of 203 A. Eighth: A. The Council of Representatives may withdraw confidence from one of the Ministers by an absolute majority and he is considered resigned from the date of the decision of confidence withdrawal. The period of the state emergency shall be limited to thirty days. It must be submitted to the President of the Council of Representatives. Ninth: A. D. SECOND: The Federation Council Article 62: A legislative council shall be established named the "Federation Council" to include representatives from the regions and the governorates that are not organized in a region. the Prime Minister and the Ministers continue in their positions to run everyday business for a period not to exceed thirty days until a new cabinet is formed in accordance with the provisions of article 73 of this constitution. In case of a vote of withdrawal of confidence in the Cabinet as a whole. Article 59: First: The Council of Ministers shall submit the draft general budget bill and the closing account to the Council of Representatives for approval. A law shall regulate these powers that do not contradict the constitution. B. B. B.

shall regulate the Federation Council formation. Must be an Iraqi by birth. G. from among the nominees. Must not have been convicted of a crime involving moral turpitude. and financial and administrative corruption. Second: If any of the candidates does not receive the required majority vote then the two candidates who received the highest number of votes shall compete and the one who receives the highest number of votes in the second election shall be declared as President. H. E. I. . Must be fully eligible and has completed forty years of age. sovereignty. The new President shall then be elected within thirty days of its first meeting. Third: The Vice President shall assume the duties of the President of the Republic or in the event of the post of the President becomes vacant for any reason whatsoever. To ratify and issue the laws enacted by the Council of Representatives. To issue a special pardon on the recommendation of the Prime Minister. a new president will be elected in order to fill the vacancy for the remaining period of that president's term. To award medals and decorations on the recommendation of the Prime Minister in accordance with the law.Page 61 of 203 of the Council of representatives. To issue Presidential decrees. Exercise any other presidential powers stipulated in this Constitution. The President of the Republic will continue to exercise his functions until the elections for the Council of Representatives is completed and until it meets. He safeguards the commitment to the Constitution and the preservation of Iraq's independence. righteousness. D. Such international treaties and agreements are considered ratified after fifteen days from the date of receipt. B. unity. Second: A law shall regulate the nomination of one deputy or more for the President of the Republic. B. terrorism. J. To call the elected Council of Representatives to convene during a period not to exceed fifteen days from the date of approval of the election results and in the other cases stipulated in the Constitution. and is considered effective after seven days from the date of its submission to the Council of Representatives. Article 70: The President of the Republic shall assume the following powers: A. born to Iraqi parents. The Council of Representatives must elect a new President within a period not to exceed thirty days from the date of the vacancy. Such laws are considered ratified after fifteen days from the date of receipt. D. The term of the President of the Republic shall finish at the end of the Council of Representatives' term. fairness and loyalty to the homeland." the President of the Republic shall name a new nominee for the post of Prime Minister within fifteen days. F. Ratify death sentences issued by the competent courts. Second: The "Vice" President shall assume the office of the President in case of his absence. Second: A. for whatever reason. Article 68: The President shall take the Constitutional Oath before the Council of Representatives in the form stipulated in Article 48 of the Constitution. the security of its territories in accordance with the provisions of the Constitution. Perform the duty of the Higher Command of the armed forces for ceremonial and honorary purposes. Must be of good reputation and political experience. Article 71: A law shall fix the salary and the allowances of the President of the Republic. To accredit Ambassadors. its membership conditions and its specialization's and all that is connected with it. the President of the Republic by a two-thirds majority of its members. Third: In case the Prime Minister-designate fails to form the cabinet during the period specified in clause "Second. on the condition that a new President is elected during a period not to exceed thirty days from the date of the vacancy and in accordance with the provisions of this Constitution. C. Article 66: First: A law shall regulate the nomination to the post of the President of the Republic. Article 67: First: The Council of Representatives shall elect. Fourth: In the case the post of the President of the Republic becomes vacant. SECOND: Council of Ministers Article 73: First: The President of the Republic shall name the nominee of the Council of Representatives bloc with the largest number to form the Cabinet within fifteen days from the date of the election of the president of the republic. the Speaker of the Council of Representatives shall replace the President of the Republic in case he does not have a Vice President. except for anything concerning private claim and for those who have been convicted of committing international crimes. Article 65: A nominee to the Presidency must meet the following conditions: A. Second: The Prime Minister-designate shall undertake the naming of the members of his Cabinet within a period not to exceed thirty days from the date of his designation. B. To ratify international treaties and agreements after the approval by the Council of Representatives. CHAPTER TWO: THE EXECUTIVE POWER Article 63: The Federal Executive Power shall consist of the President of the Republic and the Council of Ministers and shall exercise its powers in accordance with the constitution and the law. If the position of president of the republic is vacant. C. Article 69: First: The President of the Republic's term in office shall be limited to four years and may be elected for a second time and no more. C. and known for his integrity. Article 72: First: The President of the Republic shall have the right to submit his resignation in writing to the Speaker of the Council of Representatives. FIRST: The President of the Republic Article 64: The President of the Republic is the Head of the State and a symbol of the unity of the country and represents the sovereignty of the country.

and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives. Director of the National Intelligence Service. the method of their selection and the work of the court shall be determined by a law enacted by a two-third majority of the members of the Council of Representatives. Second: The conditions for assuming the post of Minister shall be the same as those for members of the Council of Representatives provided that he holds a college degree or its equivalent. Article 81: First: A law shall regulate the work of the security institutions and the National Intelligence Service and shall define its duties and authorities. SECOND: Federal Supreme Court Article 89: First: The Federal Supreme Court is an independent judicial body. No authority shall have the right to interfere in the Judiciary and the affairs of Justice. Article 79: A law shall regulate the salaries and allowances of the Prime Minister and Ministers. and experts in Islamic jurisprudence and law experts whose number. Chief of Staff of the Armed Forces and his assistants. Article 78: First: The President of the Republic shall take up the office of the Prime Minister in the event the post becomes vacant for any reason whatsoever. instructions and decisions for the purpose of implementing the law. Article 76: The Prime Minister and members of the Cabinet shall take the Constitutional Oath before the Council of Representatives in the form stipulated in Article 48 of the Constitution. Second: The Federal Supreme Court shall be made up of number of judges. shall assume this authority and issue decisions in accordance with the law. Third: To issue rules. Federal Court of Cassation. Fifth: The President of the Republic shall name another nominee to form the cabinet within fifteen days in case the Cabinet did not gain the confidence. and the rules of its operation. Second: To propose bills. Second: The President must designate another nominee to form the cabinet within a period not to exceed fifteen days in accordance with the provisions of article 73 of this Constitution. and anyone of their grade. Public Prosecution Department. CHAPTER THREE: THE JUDICIAL AUTHORITYArticle 84: The Judicial authority is independent. Third: To propose the draft of the annual budget of the Federal Judiciary Authority and present it to the Council of Representatives for approval. the Chief Public Prosecutor. Article 90: The Federal Supreme Court shall have jurisdiction over the following: First: Oversight of the constitutionality of laws and regulations in effect. State senior officials. Article 74: First: The conditions for assuming the post of the Prime Minister shall be the same as those for the President of the Republic. by an absolute majority of the Council of Representatives. Article 77: The Cabinet shall exercise the following powers: First: Plan and execute the general policy and the general plans of the State and oversee the work of the ministries and departments not associated with a ministry. FIRST: Higher Juridical Council Article 87: The Higher Juridical Council shall oversee the affairs of the Judicial Committees. financially and administratively. The law shall specify the method of its establishment. in their various types and classes. Article 75: The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander in chief of the armed forces. Article 80: The responsibility of the Prime Minister and the Ministers before the Council of Representatives is of a joint and personal nature. Article 88: The Higher Juridical Council shall exercise the following authorities: First: To manage the affairs of the Judiciary and supervise the Federal Judiciary. their tasks. He is deemed to have gained its confidence upon the approval. Supreme Federal Court. Fifth: To recommend to the Council of Representatives to approve the appointment of under secretaries. its authorities. provided that he has completed thirty-five years of age and has a college degree or its equivalent. Second: The National Intelligence Service shall be attached to the Cabinet. Sixth: To negotiate and sign international agreements and treaties or designate any person to do so. Article 83: A law shall regulate the formation of ministries. ambassadors.Page 62 of 203 Fourth: The Prime Minister-designate shall present the names of his Cabinet members and the ministerial program to the Council of Representatives. Judiciary Oversight Commission and other federal courts that are regulated in accordance with the law. He directs the Council of Ministers. Article 82: The Council of Ministers shall establish internal bylaws to organize the work therein. their responsibilities and the authorities of the minister. Division Commanders or higher. Second: To nominate the Chief Justice and members of the Federal Court of Cassation. Article 86: The Federal Judicial Authority is comprised of the Higher Juridical Council. It shall operate in accordance with the principles of human rights and be subject to the oversight of the Council of Representatives. the closing account. The courts. the Chief Justice of the Judiciary Oversight Commission and present them to the Council of Representatives to approve their appointment. and heads of security institutions. Article 85: Judges are independent and there is no authority over them except that of the law. . and the development plans. Fourth: To prepare the draft of the general budget. of the individual Ministers and the ministerial program.

Independent Electoral High Commission and Commission on Public Integrity are independent commissions. Third: Guarantee transparency and justice in appropriating funds to the governments of the regions and governorates that are not organized in a region in accordance with the established percentages. such law will determine the particular provisions related to them and shall regulate their disciplinary measures. delegations. A law shall regulate their functions. A law shall regulate the work of each of these institutions. signing and ratifying . and regional and international conferences. CHAPTER FOUR: INDEPENDENT COMMISSIONSArticle 99: The High Commission for Human Rights. Fourth: Settle disputes that arise between the federal government and the governments of the regions and governorates. Seventh: Ratify the final results of the general elections for membership in the Council of Representatives. sovereignty of Iraq. instructions. Second: Joining any party or political organization or perform any political activity. which will be limited to crimes of military nature that occur by members of the armed forces. and ratifying international treaties and agreements. Third: Settle matters that arise from the application of the federal laws. and procedures issued by the federal authority. A law shall regulate its formations and competencies. Board of Supreme Audit. Third: The Endowment Commissions shall be attached to the Council of Ministers. and a position in the legislature and executive or any other employment. Sixth: Settle accusations directed against the President. their discipline and their retirement. aid. the Prime Minister and the Ministers. their types. Article 98: It is permitted to regulate in a law the establishment of a State Council specialized in the functions of administrative judiciary. Article 102: A public commission shall be established to guarantee the rights of the regions and governorates that are not organized in a region in fair participation in managing the various state federal institutions. Article 107: The federal government shall have exclusive authorities in the following matters: First: Formulating foreign policy and diplomatic representation. interpretation. regulations. Article 96: A law shall regulate military judiciary and shall specify the jurisdiction of military courts. signing. and representatives of the regions and governorates that are not organized in a region and shall be regulated by a law. including the appointment and promotion. Article 105: Other independent commissions may be established according to need and necessity by a law. negotiating. Article 104: A council named the Federal Public Service Council shall be established and shall regulate the affairs of the federal public service. The law shall guarantee the right of each of the Cabinet. security forces and within the limits stipulated by law. Second: Ensure the ideal use and division of the federal financial resources. B. and its federal democratic system. integrity. and the Endowment Commissions are financially and administratively independent institutions. Article 97: It is prohibited to stipulate in law the immunization from appeal of any administrative work or decision. and the State and various public institutions representation before the judicial bodies except those exempted by law. Article 95: A judge or public prosecutor may not: First: Combine a position in the judiciary. The commission shall be comprised of federal government experts and representatives and experts and representatives from the regions and governorates and shall assume the following responsibilities: First: Ensure the fair distribution of grants. the concerned individuals and others of direct contest with the Court. negotiating. Eight: A. Settle competency dispute between the Federal Judiciary and the judicial institutions of the regions and governorates that are not organized in a region. Article 91: Decisions of the Federal Supreme Court are final and binding for all authorities. SECTION FOUR: POWERS OF THE FEDERAL GOVERNMENT Article 106: The federal authorities shall preserve the unity. Settle competency dispute between judicial institutions of the regions or governorates that are not organized in a region. Article 94: Judges may not be removed except in cases specified by law. Article 93: The law shall regulate the establishment of courts. Fifth: Settle disputes that arise between the governments of the regions and governments of the governorates. missions. Second: The Central Bank of Iraq is responsible before the Council of Representatives. Article 101: A commission named Foundation of Martyrs shall be established and attached to the Council of Ministers. fellowships. The Commission shall be comprised of representatives of the federal government.Page 63 of 203 Second: Interpretation of the provisions of the constitution. and local administrations. Article 100: First: The Central Bank of Iraq. THIRD: General Provisions Article 92: Special or exceptional courts may not be established. Its functions and competencies shall be regulated by law. and international loans pursuant to the entitlement of the regions and governorates that are not organized in a region. municipalities. decisions. That shall be regulated by law. which shall be subject to monitoring by the Council of Representatives. Communication and Media Commission. The Board of Supreme Audit and the Communication and Media Commission shall be attached to the Council of Representatives. classes and jurisdiction and the method of appointing and the terms of service of judges. public prosecutors. independence. drafting. Article 103: A public commission shall be established by a law to audit and appropriate federal revenues.

Page 64 of 203 debt policies and formulating foreign sovereign economic and trade policy. residency and the right to apply for political asylum. the regional authority shall have the right to amend the application of the national legislation within that region. in accordance with international laws and norms. naturalization. Fourth: Regulating standards. Second: The federal government with the producing regional and governorate governments shall together formulate the necessary strategic policies to develop the oil and gas wealth in a way that achieves the highest benefit to the Iraqi people using the most advanced techniques of the market principles and encourages investment. regions and governorates. Fifth: Regulating the issues of citizenship. Seventh: To draw up the general and investment budget bill. in order to follow up cultural. and establishing and administering a central bank. Article 114: The Council of Representatives shall enact. including creating and managing armed forces to secure the protection. Article 108: Oil and gas are the ownership of all the people of Iraq in all the regions and governorates. This will be organized by law. and this will be regulated by law. and to guarantee the security of Iraq's borders and to defend Iraq. They will be administered in cooperation with the regions and governorates. legislative. Article 117: First: The regional authorities shall have the right to exercise executive. Ninth: General population statistics and census. B. traditional constructions. A request by one-tenth of the voters in each of the governorates intending to form a region. and local administrations. but having regard to its resources. social and developmental affairs. (Antiquities and antiquity sites. and guarantee the rate of water flow to Iraq and its fair distribution. regulating commercial policy across regional and governorate boundaries in Iraq. issuing currency. and in a way that assures balanced development in different areas of the country. SECTION FIVE: POWERS OF THE REGIONS CHAPTER ONE: REGIONS Article 112: The federal system in the Republic of Iraq is made up of a decentralized capital. Article 113: First: This Constitution shall approbate the region of Kurdistan and its existing regional and federal authorities. Third: Regions and governorates shall be allocated an equitable share of the national revenues sufficient to discharge its responsibilities and duties. Second: This Constitution shall approbate new regions established in accordance with its provisions. except for those powers stipulated in the exclusive powers of the federal government. Eighth: Plan policies relating to water sources from outside Iraq. needs and the percentage of its population. A request by one-third of the council members of each governorate intending to form a region. Article 111: All powers not stipulated in the exclusive authorities of the federal government shall be the powers of the regions and governorates that are not organized in a region. Article 115: One or more governorates shall have the right to organize into a region based on a request to be voted on in a referendum submitted in one of the following two methods: A. Third: To formulate the environmental policy to ensure the protection of the environment from pollution and to preserve its cleanness in cooperation with the regions and governorates that are not organized in a region. at the time this constitution comes into force. Fourth: The regions and governorates shall establish offices in the embassies and diplomatic missions. Article 109: First: The federal government with the producing governorates and regional governments shall undertake the management of oil and gas extracted from current fields provided that it distributes oil and gas revenues in a fair manner in proportion to the population distribution in all parts of the country with a set allotment for a set time for the damaged regions that were unjustly deprived by the former regime and the regions that were damaged later on.) Article 110: The following competencies shall be shared between the federal authorities and regional authorities: First: To administer customs in coordination with the governments of the regions and governorates that are not organized in a region. Fifth: To formulate the public health policy in cooperation with the regions and governorates that are not organized in a region. and judicial authority in accordance with this constitution. particularly the . Fifth: The Regional Government shall be responsible for all the administrative requirements of the region. Third: Formulating fiscal and customs policy. by a simple majority. The priority goes to the regional law in case of conflict between other powers shared between the federal government and regional governments. Sixth: Regulating telecommunications and mail policy. manuscripts and coins are considered part of the national wealth which are the responsibility of the federal authorities. formulating monetary policy. Sixth: To formulate the public educational and instructional policy in consultation with the regions and governorates that are not organized in a region. weights and measures. Second: To regulate the main sources of electric energy and its distribution. This will be organized by law. Article 116: The region shall adopt a constitution that defines the structure of the regional government. and this will be regulated by law. its authorities and the mechanisms of exercising these authorities provided that it does not contradict with this Constitution. Second: Formulating and executing national security policy. drawing up the national budget of the State. in a period not to exceed six months from the date of its first session. Second: In case of a contradiction between regional and national legislation in respect to a matter outside the exclusive powers of the federal government. a law that defines the executive procedures to form regions. Seventh: To formulate and organize the main internal water sources policy in a way that guarantees fair distribution. Fourth: To formulate the development and general planning policies.

Third: The governor. . or to rent or sell any of their assets to the State. Article 130: The Iraq High Criminal Court shall continue its duties as an independent judicial body.Page 65 of 203 establishment and organization of the internal security forces for the region such as police. This will be organized by law. Article 126: Existing laws shall remain in force. CHAPTER THREE: THE CAPITAL Article 120: First: Baghdad with its municipal borders is the capital of the Republic of Iraq and shall constitute. The amendment is considered ratified by the President of the Republic after the expiration of the period stipulated in clauses "Second" and "Third" of this Article in case he does not ratify it. such as Turkmen. Second: The State guarantees compensation to the families of the martyrs and those injured due to terrorist acts. security forces and guards of the region. Second: The fundamental principles mentioned in Section One and the rights and liberties mentioned in Section Two of the Constitution may not be amended except after two successive electoral terms. with its administrative borders. Article 123: The President of the Republic. Fourth: Articles of the constitution may not be amended if such amendment takes away from the powers of the regions that are not within the exclusive powers of the federal authorities except by the consent of the legislative authority of the concerned region and the approval of the majority of its citizens in a general referendum. CHAPTER TWO: GOVERNORATES THAT ARE NOT INCORPORATED INTO A REGION Article 118: First: The governorates shall be made up of number of districts. The Commission shall be attached to the Council of Representatives. The Council of Representatives shall have the right to dissolve by law the Iraqi High Criminal Court after the completion of its work. B. except with the approval of twothirds of the Council of Representatives members and with the approval of the people in a general referendum and the ratification of the President of the Republic within seven days. Second: Governorates that are not incorporated in a region shall be granted broad administrative and financial authorities to enable it to manage its affairs in accordance with the principle of decentralized administration. with the approval of two-thirds of the Council of Representatives members. the Speaker of the Council of Representatives. with the consent of both governments and shall be regulated by law. members of the Council of Ministers. unless stipulated otherwise. suppliers or concessionaires. members of the Judicial Authority and people of the special grades may not use their influence to buy or rent any of the State properties. SECTION SIX: FINAL AND TRANSITIONAL PROVISIONS CHAPTER ONE: FINAL PROVISIONS Article 122: First: The President of the Republic and the Council of the Ministers collectively or one-fifth (1/5) of the Council of Representatives members may propose to amend the Constitution. Article 127: Every referendum mentioned in this constitution is valid with the approval of a simple majority of the voters unless otherwise stipulated. or to sue the State for it or to conclude a contract with the State under the pretense of being building contractors. Fifth: A. sub-districts and villages. Third: The capital may not merge with a region. and in coordination with the Judicial Authority and the Executive institutions within the framework of the laws regulating its functions. the Prime Minister. CHAPTER TWO: TRANSITIONAL PROVISIONS Article 128: First: The State guarantee care for political prisoners and victims of the oppressive practices of the defunct dictatorial regime. Article 124: The laws and judicial judgments shall be issued in the name of the people. Fifth: The governorate council shall not be subject to the control or supervision of any ministry or any institution not linked to a ministry. Article 129: The Council of Representatives shall adopt in its first session the bylaws of the Transitional National Assembly until it adopts its own bylaws. CHAPTER FOUR: THE LOCAL ADMINISTRATIONS Article 121: This Constitution shall guarantee the administrative. Caldeans. Article 125: Laws shall be published in the Official Gazette and shall take effect on the date of its publication. who is elected by the Governorate Council. in examining the crimes of the defunct dictatorial regime and its symbols. the governor and their powers. the governorate of Baghdad. An amendment shall enter into force on the date of its publication in the Official Gazette. Article 131: First: The High Commission for De-Ba'athification shall continue its functions as an independent commission. Article 119: Powers exercised by the federal government can be delegated to the governorates or vice versa. his two Deputies and members of the Council of Representatives. This will be organized by law. cultural and educational rights for the various nationalities. is the highest executive official in the governorate to practice his powers authorized by the council. unless annulled or amended in accordance with the provisions of this constitution. Second: A law shall regulate the status of the capital. Assyrians and all other components. Third: Other Articles not stipulated in clause "Second" of this Article may not be amended. political. Fourth: A law shall regulate the election of the Governorate Council. and the approval of the people in a general referendum and the ratification of the President of the Republic within seven days. Third: A law shall regulate matters mentioned in clauses "First" and "Second" of this Article. The governorate council shall have an independent finance.

Page 66 of 203 Second: The Council of Representatives shall have the right to dissolve this Commission after the completion of its function by absolute majority. The provisions related to the President of the Republic shall be reactivated one successive term after this Constitution comes into force. The Property Claims Commission shall be attached to the Council of Representatives. Enjoy good reputation. Sixth: The Presidency Council shall practice the powers of the President of the Republic stipulated in this Constitution. the President and members of the Federation Council. in case he was a member of the dissolved Baath Party. (Fifth: Membership in the defunct Ba'ath party alone is not considered a sufficient basis for transfer to the courts. the corresponding positions in the regions. Article 134: First: The expression "the Presidency Council" shall replace the expression "the President of the Republic" wherever it is mentioned in this Constitution. and decisions issued by the government of the region of Kurdistan . Have completed forty years of age.) Article 132: First: The Property Claims Commission shall continue its functions as an independent commission in coordination with the Judicial authority and the Executive institutions in accordance with the law. C. provided that it completes (normalization and census and concludes with a referendum in Kirkuk and other disputed territories to determine the will of their citizens). D. and to examine its accordance with the law. Second: A. Fourth: The conditions stated in clause "Third" of this article shall remain in force unless the commission provided for in clause "First" of this article is dissolved. Article 133: Application of the provisions of the articles related to the Federation Council.) (Sixth: The Council of Representatives will form a parliamentary committee from its members to oversee and review the executive activities of the Supreme DeBa'athification Commission and state agencies to guarantee justice. in a period not to exceed (the thirty first of December two thousand and seven). Legislation and decisions enacted by the Council of representatives shall be forwarded to the Presidency Council to approve it unanimously and to issue it within ten days from the date of delivery to the Presidency Council. The Council of Representatives shall elect the President of the State and two Vice Presidents who shall form a Council called "the Presidency Council. Fifth: A. Article 136: First: The Executive Authority shall undertake the necessary steps to complete the implementation of the requirements of all subparagraphs of Article 58 of the Transitional Administrative Law. B." which shall be elected by one list and with a two-thirds majority. Have not participated in suppressing the 1991 uprising and the Anfal campaign. Article 137: Legislation enacted in the region of Kurdistan since 1992 shall remain in force. the Council of Representatives shall elect a replacement by a twothirds majority vote of its members. The provisions to remove the President of the Republic present in this constitution shall apply to the President and members of the Presidency Council. wherever it may be cited in this Constitution. In the event the Presidency Council does not approve the legislation and decisions for the second time within ten days of receipt. The committee's decisions will be subject to agreement by the Council of Representatives. Article 135: The Prime Minister shall have two deputies in the first electoral cycle. objectivity and transparency. Have quit the defunct Party ten years prior to its fall. provided that they do not contradict with the constitution. the Speaker and the members of the Council of Representatives. (First: At the start of its functioning. the Council of Representatives shall form a committee from its members. the legislation and decisions are sent back to the Council of Representatives who have the right to adopt it by a three-fifths non-appealable majority vote and shall be considered ratified. Third: The members of the Presidency Council shall be subject to the same conditions as members of the Council of Representatives and must also: A. which will be representative of the main components of Iraqi society and the duty of which will be to present within a . In the event the Presidency Council does not approve. B. He must not have committed a crime against the Iraqi people. D. members of the Judicial committees and other positions included in the De-Ba'athification pursuant to the law may not be subject to De-Ba'athification judgments. The Council of Representatives may remove a member of the Presidency Council with a three-fourths majority of its members for reasons of incompetence and dishonesty. Second: The responsibility placed upon the executive branch of the Iraqi Transitional Government stipulated in Article 58 of the Transitional Administrative Law shall extend and continue to the executive authority elected in accordance with this constitution.shall be considered valid unless it is amended or annulled pursuant to the laws of the region of Kurdistan by the competent entity in the region. and a member enjoys equality before the law and its protection. B. Second: The Council of Representatives shall have the right to dissolve the Commission by a two-thirds majority vote of its members. shall be postponed until the Council of Representatives issues a decision by a two-thirds majority vote in its second electoral term that is held after this Constitution comes into force.including court decisions and agreements . C. In the event of a vacant seat in the Presidency Council. Third: The nominee to the Position of the President of the Republic. the Prime Minister and the members of the Ministers Council. legislation and decisions shall be sent back to the Council of Representatives to re-examine the disputed issues and to vote on by the majority of its members and then shall be sent for the second time to the Presidency Council for approval. except the stipulations of Articles (114) and (115) that pertain to the formation of regions. integrity and uprightness. as long as he is not subject to the rulings of the DeBa'athification Commission and its bylaws. C. Fourth: The Presidency Council shall issue its decisions unanimously and a member may delegate his place to any of the other members.

the base of which shall be equal to its width. in accordance with Article 25 of the Constitution. except in the circumstances prescribed by law. Article 6 (i) Jordanians shall be equal before the Law. Article 7 Personal freedom shall be guaranteed. and the lowest. as stated hereunder. Article 2 Islam is the religion of the State and Arabic is its official language. and its system of government is parliamentary with a hereditary monarchy. movable or immovable. Article 9 (i) No Jordanian shall be deported from the territory of the Kingdom. Article 12 No loans shall be forcibly imposed and no property. The star shall be so placed that its centre shall be at the intersection of the lines bisecting the angles of the triangle. except in accordance with the Law. earthquake. Article 8 No person may be detained or imprisoned except in accordance with the provisions of the law. In the triangle there shall be a white sevenpointed star of such a size that it may be one-fourteenth part of its length. and shall ensure a state of tranquility and equal opportunities to all Jordanians. Article 10 Dwelling houses shall be inviolable and shall not be entered except in the circumstances and manner prescribed by Law. except for the stipulation of Article 53(A) and Article 58 of the Transitional Administrative Law. The committee will be dissolved after a decision is made on its proposals. Fifth: This is an exception to Article 61/2712263/47 of this Constitution 61/27which concerns amending the constitution63/47.) Article 138: The Transitional Administrative Law and its Annex shall be annulled on the seating of the new government. such as a state of war. flood. the occurrence of a public danger. (ii) The Government shall ensure work and education within the limits of its possibilities. CHAPTER I THE STATE AND SYSTEM OF GOVERNMENT Article 1 The Hashemite Kingdom of Jordan is an independent sovereign Arab State. Talal the First. the uppermost of which shall be black. as may be prescribed by Law. but it may be transferred to another place by special law. Article 13 Compulsory labour shall not be imposed on any person. and in pursuance of the decision of the Senate and House of Representatives. King of the Hashemite Kingdom of Jordan. Fourth: The referendum on the amended articles will be considered successful with the agreement by an absolute majority of those who vote. language or religion. There shall be no discrimination between them as regards to their rights and duties. but any person may be required to do any work or to render any service in circumstances prescribed by law. Second: The amendments proposed by the committee will be put before the Council of Representatives in a single batch for approval. Article 4 The Jordanian flag shall be of the following form and dimensions: ―The length of the flag shall be twice its width. Article 3 The city of Amman shall be the capital of the Kingdom. or be compelled to reside in any specified place. work will return to the terms of Article 61/2712263/47. hereby approve this revised Constitution and decree its promulgation. and the axis through one of its points shall be parallel to the base of the triangle. At the end of the flag-staff the flag shall have a red triangle. It is indivisible and inalienable and no part of it may be ceded. It will be considered approved by the agreement of an absolute majority of the number of council members. Article 139: This Constitution shall come into force after the approval of the people thereon in a general referendum. its publication in the Official Gazette and the seating of the government that is formed pursuant to this constitution. unless it is rejected by two-thirds of those who vote in three governorates or more. (ii) No Jordanian shall be prevented from residing at any place. white. --Courtesy the Associated Press-THE CONSTITUTION OF THE HASHEMITE KINGDOM OF JORDAN. or fire. serious . Article 11 No property of any person shall be expropriated except for purposes of public utility and in consideration of a just compensation. green. It shall be divided horizontally into three parallel and equal stripes. After the amendments discussed in this article are decided on. The National Assembly Part I The Senate Part II The House of Deputies Part III Provisions Governing Both Houses of Parliament Chapter VI The Judiciary Chapter VII Financial Matters Chapter VIII General Provisions Chapter IX Enforcement and Repeal of Laws We.Page 67 of 203 period no longer than four months to the Council of Representatives a report that includes recommendations for the necessary amendments that can be made to the Constitution. the centre. Third: The articles amended by the Council of Representatives under the second clause of this article will be put before the people for a referendum within two months of the Council of Representatives' approval of them.‖ CHAPTER II RIGHTS AND DUTIES OF JORDANIANS Article 5 Jordanian nationality shall be defined by Law. famine. (i) In a state of necessity. shall be confiscated. on grounds of race. 1952 (as Amended to 1984) Table of Contents Chapter I The State and System of Government Chapter II Rights and Duties of Jordanians Chapter III Powers of The State: General Provisions Chapter IV The Executive Power Part I The King and His Prerogatives Part II Ministers Chapter V The Legislative Power. The people of Jordan form part of the Arab nation.

(ii) Freedom of the press and publications shall be ensured within the limits of the law. Article 17 Jordanians are entitled to address the public authorities on any personal matters affecting them. (ii) The Nation shall exercise its powers in the manner prescribed by this Constitution. (v) Control of the resources of newspapers shall be regulated by law. Article 25 The Legislative Power shall be vested in the National Assembly and the King. in whole or in part. Article 21 (i) Political refugees shall not be extradited on account of their political beliefs or for their defence of liberty. Article 23 (i) It is the right of every citizen to work. (c) Special compensation shall be given to workers supporting families and on dismissal. their methods peaceful. and all judgments shall be given in accordance with the law and pronounced in the name of the King. whether such appointment is permanent or temporary. a limited censorship on newspapers. (ii) The State shall protect labour and enact legislation to this effect based on the following principles: (a) Every workman shall receive wages commensurate with the quantity and quality of his work. despite the existence of brothers of the deceased son. . (iv) In the event of the declaration of martial law or a state of emergency. (ii) Extradition of ordinary criminals shall be regulated by international agreements and laws. Article 19 Congregations shall have the right to establish and maintain their own schools for the education of their own members provided that they comply with the general provisions of the law and submit to the control of government in matters relating to their curricula and orientation. within the limits of the law. The National Assembly shall consist of a Senate and a House of Deputies. or placed at the disposal of. Article 20 Elementary education shall be compulsory for Jordanians and free of charge in government schools. title to the Throne shall pass to him from the holder of the Throne. The King. CHAPTER III POWERS OF THE STATE: GENERAL PROVISIONS Article 24 (i) The Nation is the source of all powers. In the latter case. books and broadcasts in matters affecting public safety or national defence may be imposed by law. in writing. (ii) Jordanians are entitled to establish societies and political parties provided that the objects of such societies and parties are lawful. illness. however. and to the eldest son of that son and by similar process thereafter. or in any other circumstances which would endanger the safety of the population. or to any municipal office. Article 18 All postal. (ii) As a result of the conviction of the person concerned by a Court of law. or on any matter relative to public affairs. (iii) Newspapers shall not be suspended from publication nor their permits be withdrawn except in accordance with the provisions of the law. his eldest son shall inherit the Throne. any person company or public body. shall be made on the basis of merits and qualifications. and as such shall not be subjected to censorship or suspension except in circumstances prescribed by law. may select one of his brothers as heir apparent. Workers shall be given weekly and annual days of paid rest. (ii) Appointment to any government office or to any institution attached to the Government. (iii) The establishment of societies and political parties and control of their resources shall be regulated by law. Article 16 (i) Jordanians shall have the right to hold meetings within the limits of the law.Page 68 of 203 epidemic amongst human beings or animals or animal diseases. Article 26 The Executive Power shall be vested in the King who shall exercise His powers through His Ministers in accordance with the provisions of this Constitution. (d) Special conditions shall be made for the employment of women and juveniles. old-age and emergencies arising out of the nature of their work. (b) The number of hours of work per week shall be limited. provided that the work is done and the service is rendered under the supervision of an official authority and provided further that no convicted person shall be hired to. Article 14 The State shall safeguard the free exercise of all forms of worship and religious rites in accordance with the customs observed in the Kingdom. unless such exercise is inconsistent with public order or morality. insects or pests or any other similar event. Every Jordanian shall be free to express his opinion by speech. telegraphic and telephonic communications shall be treated as secret. in such a manner and under such conditions as may be prescribed by law. CHAPTER IV THE EXECUTIVE POWER PART I THE KING AND HIS PREROGATIVES Article 28 The throne of the Hashemite Kingdom is limited by inheritance to the dynasty of King Abdullah Ibn Al-Hussein in a direct line through his male heirs as provided in the following provisions: (a)[1] The Royal title shall pass from the holder of the Throne to his eldest son. (f) Free Trade unions shall be formed within the limits of law. Should the eldest son die before the Throne devolves upon him. Article 22 (i) Every Jordanian shall be entitled to be appointed to public offices under such conditions as are prescribed by law or regulations. (e) Factories and workshops shall be subject to health rules. Article 15 (i) The State shall guarantee freedom of opinion. and the State shall provide opportunities for work to all citizens by directing the national economy and raising its performance level. Article 27 The Judicial Power shall be exercised by the different courts of law. pamphlets. and their bye-laws not inconsistent with the provisions of this Constitution. or by means of photographic representation and other forms of expression.

or member of the Council of Regency or of the Council of Viceregents must not be less than thirty years of age. or if its term had expired and no new House had been elected. Such exclusion shall not of itself include the descendants of such person. and prorogues it in accordance with the provisions of the Constitution. Such Viceregent or Council of Viceregents shall be appointed by a Royal Decree. concludes peace and confirms treaties and agreements. upon his accession to the Throne. shall immediately convene the National Assembly. he shall. and appoints the Speaker from amongst them and accepts their resignation. in the manner prescribed above. the National Assembly shall. If the absence of the King is extended to more than four months and the National Assembly is not in session. the throne shall pass to the uncles and their descendants according to the order prescribed in paragraph (b) above. the Assembly shall be summoned immediately to consider the matter. (c) In the absence of any brothers or nephews. (h) In the event of the King becoming unable to exercise his powers through illness. the Throne shall pass to his eldest brother. the late King Hussein Ibn Ali. Should the illness be definitely confirmed. the Council of Ministers shall appoint the Regent or Council of Regency. (i) Should the King desire to leave the country. the Throne shall pass to the eldest son of his other brothers according to their seniority in age. Article 31 The King ratifies the laws and promulgates them.Page 69 of 203 (b) Should the person entitled to the Throne die without a male heir. If the Throne devolves upon a person who is under this age. or Viceregent. the appointment shall be made by the Council of Ministers. to respect and observe the Constitution and be loyal to the nation. His powers shall be exercised by a Viceregent or Council of Viceregents. the Throne shall devolve upon the person whom the National Assembly shall select from amongst the descendants of the founder of the Arab Revolt. (ii) The King convenes the National Assembly. (ii) Currency shall be minted in the name of the King. grants and withdraws military and civil ranks. whereupon title to the Throne shall devolve upon the person entitled thereto after him according to the provisions of this Constitution. The Royal Decree of exclusion shall be signed by the Prime Minister and by four Ministers at least of whom two shall be the Minister of Justice and Minister of Interior. (iv)[4] The King may dissolve the Senate or he may suspend the membership of one of its members. (k) In the event of the death of the Regent or Viceregent. Article 30 The King is the Head of the State and is immune from any liability and responsibility. In no circumstances shall any secret terms contained in any treaty or agreement be contradictory to their overt terms. (j) Before the Regent or Viceregent or any member of the Council of Regency or of the Council of Viceregents assumes his office. In the event that the holder of the Throne has no brothers. adjourns it. dismisses him or accepts his resignation. may be appointed to any such office. the former House of Deputies shall be convened for the purpose. in execution of the law. by a Royal Decree a Viceregent or Council of Viceregents to exercise his powers during his absence. any male relative of the King who has completed his eighteenth year of age. by resolution. and if the King is incapable of making such appointment. as prescribed in Article 29 hereof. he shall take an oath. on confirmation of his illness. inaugurates it. (e) No person shall ascend the Throne unless he is a Moslem. or should he become incapable of performing his duties. before the Council of Ministers. before his departure. dismissed and their resignations accepted by the King upon the recommendation of the Prime Minister. Article 32 The King is the Supreme Commander of the Army. (iii) The King may dissolve the House of Deputies. If the King dies without making such nomination. appoint. Article 34 (i) The King issues orders for the holding of elections to the House of Deputies in accordance with the provisions of the law. medals and honourable titles and may delegate this authority to any other person by special law. Article 37 (i) The King creates. However. The Viceregent or Council of Viceregents shall observe any conditions which may be prescribed in the Royal Decree. Ministers are appointed. Naval and Air Forces. according to the lunar calendar. (ii) Treaties and agreements which involve financial commitments to the Treasury or affect the public or private rights of Jordanians shall not be valid unless they are sanctioned by the National Assembly. He shall direct the enactment of such regulations as may be necessary for their implementation. or member of the Council of Regency or of the Council of Viceregents. which shall be convened under the chairmanship of the Speaker of the Senate. Article 35 The King appoints the Prime Minister. the Throne shall pass to the eldest son of his eldest brother. Article 36 The King appoints members of the Senate. If the House of Deputies stands dissolved at the time. take an oath before the National Assembly. mentally sound and born by a legitimate wife and of Moslem parents. Article 33[2] (i)[3] The King declares war. (l) A Regent. (d) Should the last King die without any heir. Article 38 . the Council of Ministers. (f) No person shall ascend the Throne who has been excluded from succession by a Royal Decree on ground of his unsuitability. (g) The King attains his age of majority upon the completion of his eighteenth year. (m) In the event of the King being incapacitated by any mental illness. the powers of the King shall be exercised by a Regent or Council of Regency. provided that such regulations are not inconsistent with the provisions thereof. according to the lunar calendar year. Article 29 The King shall. who shall have been appointed by a Royal Decree by the reigning King. Should his eldest brother have no son. depose the King. the Council of Ministers shall appoint a suitable person to replace him.

He shall refer to the Prime Minister any matter not falling within his jurisdiction. Article 47 (i) Every Minister shall be responsible for the conduct of all matters pertaining to his Ministry. Article 40 The King shall exercise the powers vested in Him by Royal Decrees. Every such sentence shall be placed before the King by the Council of Ministers accompanied by their opinion thereon. Article 57 The High Tribunal for the trial of Ministers shall consist of the Speaker of the Senate as President and eight members. or was dissolved. (iii)[8] Every newly formed Council of Ministers shall. three of whom shall be selected by ballot by the Senate from amongst its members and five members to be selected from amongst . Article 48 The Prime Minister and Ministers shall sign all decisions taken by the Council of Ministers. but a bill of impeachment shall not be passed except by a majority of two-thirds of the members of the House.. as the case may be. Article 42 No person shall be appointed as a minister unless he is a Jordanian. serve the nation and perform the duties entrusted to me with honesty. take the following oath. (ii) If the House of Deputies casts a vote of no confidence in the Council of Ministers by an absolute majority of all its members.Page 70 of 203 The King has the right to grant a special pardon or remit any sentence. from among its members. Article 46 Any Minister may be entrusted with one or more Ministries as may be stated in the Order of Appointment. or any Minister who is a member of either the House of Deputies or the Senate. all Ministers shall be considered to have automatically resigned or released from their offices. or of the Council of Ministers. (ii) The Prime Minister shall dispose of all matters within his powers and jurisdiction and shall refer other matters to the Council of Ministers for such decision as may be necessary.‖ Article 44 No Minister shall purchase or lease any Government property even if the sale or lease thereof has been offered in a public auction. the Ministers and the Council of Ministers shall be prescribed by regulations made by the Council of Ministers and confirmed by the King. The House of Deputies shall appoint. The House shall not be dissolved during this period. within one month of its formation. (ii)[7] A vote of confidence in the Council of Ministers or in any individual Minister may be postponed only for one period not exceeding ten days. Any such Decree shall be signed by the Prime Minister and the Minister or Ministers concerned. but any general pardon shall be determined by special law. Such decisions shall be executed by the Minister and Ministers each within the limits of his jurisdiction. Article 52 The Prime Minister. before the King: ―I swear by God. Article 39 No death sentence shall be executed except after confirmation by the King. the Speech from the Throne shall be considered a statement of its policy for the purposes of this Article. with the exception of such matters which are or may be entrusted by this Constitution or by any other legislation to any other person or body. Article 51 The Prime Minister and Ministers shall be collectively responsible before the House of Deputies in respect of the general policy of the State. uphold the Constitution. internal and external. while holding his ministerial post. Article 49 Verbal or written orders of the King shall not release the Ministers from their responsibility. In addition. which shall be submitted to the King for approval in all cases required under the present Constitution or any law or regulations enacted thereunder. Deputies who shall present the impeachment to. to be loyal to the King. the Council of Ministers must tender its resignation. If the House of Deputies is not in session at the time. Article 53 (i)[6] A vote of no confidence in the Council of Ministers or in any Minister may be cast by the House of Deputies. Article 45 (i)[5] The Council of Ministers shall be entrusted with the responsibility of administering all affairs of the State. and of such number of Ministers as may be needed and as the public interest may require. place before the House of Deputies a statement of its policy and ask for a vote of confidence on the basis of that statement. However. become a member of the board of directors of any company or take part in any financial transaction or receive a salary from any company. Article 54 (i) A session to consider a vote of confidence in the Council of Ministers or in any individual Minister shall be held at the request of the Prime Minister or at a request signed by no less than ten Deputies. either upon the request of the Minister concerned. Ministers who are not members of either House can speak in both Houses without the right to vote. PART II MINISTERS Article 41 The Council of Ministers shall consist of the Prime Minister. (iii) If the vote of no confidence concerns an individual Minister. the Almighty. Article 55 Ministers shall be tried by a High Tribunal for offences which may be attributed to them in the course of the performance of their duties. Article 43 The Prime Minister and Ministers shall. High Tribunal. before assuming their duties. (ii) The duties of the Prime Minister. He shall not. and endorse it before. who shall be the President. The King expresses his concurrence by placing his signature above the signatures of the other ministers. shall be entitled to vote in the House to which he belongs and to speak in both Houses. that minister alone must resign his office. Article 56 The House of Deputies is entitled to impeach Ministers. each Minister shall be responsible before the House of Deputies in respect of the actions of his Ministry. in cases where the House of Deputies is in session. Article 50 In the event of the resignation or release of the Prime Minister from his office.

Article 70 In addition to the requirements prescribed in Article 75 of this Constitution. the dissolved House shall have its full constitutional powers restored and assemble forthwith as if its dissolution had not taken place and shall remain in office until the election of a new House. Minister Plenipotentiary. and the Speaker shall place the resignation before the House for a decision as to whether the resignation should be accepted or rejected. CHAPTER V THE LEGISLATIVE POWER. persons who had previously held the office of Ambassador. for any reason. No election shall be considered invalid unless it has been declared as such by a majority of two-thirds of the members of the House. President and Judges of the Court of Cassation. setting out the legal reasons for invalidating the election of any Deputy. a general election must take place. not later than four months from the date of its dissolution. Article 65 (i)[10] The term of office of Senators shall be for four years. His resignation shall not prevent the taking of criminal proceedings against him. (ii) A general election shall take place during the four months preceding the end of the term of the House. a Deputy must have completed thirtieth calendar year of his age. retired military officers of the rank of Lt. (ii) If the House of Deputies is dissolved. and of the Civil and Shari’a Courts of Appeal. the House shall remain in office until the election of a new House. If. former Deputies who were elected at least twice as Deputies and other similar personalities who enjoy the confidence and trust of the people in view of the services they had rendered to the nation and country. (iii) The punishment of any person who may adversely influence the will of voters.Page 71 of 203 the judges of the highest Civil Court in order of seniority. in a general direct election and in accordance with the provisions of an Electoral Law which shall ensure the following principles: (i) The validity of the elections (ii) The right of candidates to supervise the process of election. Article 58 The High Tribunal shall apply the provisions of the Penal Code in force in respect of offences specified therein. and their appointment shall be renewed every four years. Article 59 [9] Judgements shall be given by the High Tribunal by a majority of six votes. Article 71 The House of Deputies shall have the right to decide on the validity of the election of its members. The King may. In case of necessity. PART II THE HOUSE OF DEPUTIES Article 67 The House of Deputies shall consist of members. Article 60 The High Tribunal shall make its own Rules of Procedure in trying Ministers until such time as a special law for this purpose is promulgated. continue after the 30th day of September and shall be . Present and Past Prime Ministers and Ministers. by a Royal Decree. (iii)[12] Such extraordinary session shall not. prolong the term of the House for a period of not less than one year and not more than two years. Article 68 (i)[11] The term of office of the House of Deputies shall be for four calendar years commencing from the date of the announcement of the results of the general elections in the Official Gazette. (ii) The term of office of the Speaker of the Senate shall be for two years but he may be reappointed for a further term. including the Speaker. elected by secret ballot. the number shall be completed from Presidents of the lower Courts. Speaker of the House of Deputies. (ii) If the House of Deputies holds an extraordinary session and has no Speaker. Such session shall be deemed to be an ordinary session within the meaning of Article 78 of this Constitution and shall be subject to the conditions prescribed therein for prolongation or adjournment. A special law shall specify the offences for which Ministers shall be responsible in cases where such offences are not covered by the Penal Code. Article 72 Any Deputy may resign his seat by notifying the Speaker of the House of Deputies in writing. Article 61 A Minister who is impeached by the House of Deputies shall be suspended from office until his case is determined by the High Tribunal. General and above. but he may be re-elected. in order of seniority also. the sessions of the Senate shall be suspended. at any event. shall consist of no more than one-half of the number of the members of the House of Deputies. or the continuance of his trial. Any voter shall have the right to present a petition to the Secretariat of the House within fifteen days of the announcement of the results of the elections in his constituency. Article 73 (i) If the House of Deputies is dissolved. Article 64 In addition to the requirements prescribed in Article 75 of this Constitution. PART I THE SENATE Article 63 The Senate. (ii) If no elections have taken place by the end of the four months. Senators whose term of office have expired may be reappointed for a further term. the House shall elect its Speaker whose term of office will terminate at the beginning of the ordinary session. Article 66 (i) The Senate shall meet simultaneously with the House of Deputies and the sessions shall be the same for both Houses. THE NATIONAL ASSEMBLY Article 62 The National Assembly shall consist of two Houses: The Senate and the House of Deputies. a Senator must have completed forty calendar years of age and must belong to one of the following classes. Article 69 (i) The House of Deputies shall elect its Speaker at the beginning of each ordinary session by a secret ballot for a period of one calendar year. the election is delayed after the termination of the term of the House. and the new House assembled in an extraordinary session.

it shall assemble of its own motion as if it was so summoned. the summoning of the Assembly to a date to be fixed by the Royal Decree. before taking his seat. provided that this provision shall not apply to any shareholder in a company of more than ten members. The House of Deputies and the Senate shall each submit a petition which shall contain its reply thereto. serve the Nation and duly perform the duties entrusted to me‖. and provided also that the elections shall be by at least two-thirds majority and shall be in accordance with the provisions and in the manner provided for in Article (88) of the Constitution. no person shall be allowed to be a member of either the House of Deputies or the Senate and a holder of a public office at the same time. with any Department of Government. or two times only if he had postponed the meeting of the National Assembly under paragraph (i) of Article (78). Article 79 The King shall open the ordinary session of the National Assembly by a Speech from the Throne addressed to both the Senate and the House of Deputies. The successful members shall elect not more than one-half of the number of the members for the other constituencies in which it was impossible to hold elections. He may deputise the Prime Minister or any of the Ministers to perform the opening ceremony and deliver the Speech from the Throne. provided that they can hold a (valid) meeting only by a majority of three-quarters of their number. Article 81 (i) The King may. (ii) Should any Senator or Deputy become disqualified during his term of office or should it appear after his election that he lacks one or more of the qualifications stated in the preceding paragraph. if that day is an official holiday. Public office means every office whose holder receives his salary from public funds. (iii)[18] The ordinary session of the National Assembly shall begin on the date upon which it was summoned to meet in accordance with the two preceding paragraphs. (iv)[13] Notwithstanding the provisions of paragraphs (i) and (ii) of this Article. (c) Who was adjudged bankrupt and has not been legally discharged. by Royal Decree published in the Official Gazette. The successful members and the members elected in accordance with this paragraph shall elect the remaining members for the said constituencies in accordance with the provisions of this paragraph. the new House shall not be dissolved for the same reason. no person is allowed to be a member of both the House of Deputies and the Senate. The session which it holds in such case shall be considered the first ordinary session regardless of the date when it takes place. If such extraordinary session is convened in the month of October or November. (f) Who has a material interest in any contract. The session may be prolonged by the King for a further period not exceeding three months to allow for the despatch of pending matters. take an oath before his House as follows: ―I swear by the Almighty God to be loyal to the King and to the country and uphold the Constitution. Article 80 Every Senator and Deputy shall. provided that such a resolution. Article 77 Subject to the provisions of this Constitution relating to the dissolution of the House of Deputies. the King may order the holding of elections in such constituencies. (ii) If the National Assembly is not summoned in accordance with the preceding paragraph. the King may postpone holding general elections—for a period not exceeding one year—if a force majeure has occurred which the Council of Ministers considers as rendering the holding of elections impossible. it shall be regarded as the first ordinary session of the House of Deputies. the National Assembly shall hold one ordinary session during every year of its term. postpone for a period not exceeding two months. by Royal Decree. his membership shall. and shall last for four months unless the House of Deputies is dissolved by the King before the expiration of that period. provided that the King may. Such House shall be deemed as having been in existence in all respects from the date of the issue of the Royal Decree effecting its reinstatement. if passed by the Senate. Article 78 (i)[17] The King shall summon the National Assembly to an ordinary session on the first day of October of each year or. other than a contract or lease of land and property. on the first day following the official holiday. Article 74 [16] If the House of Deputies was dissolved for any reason. and it includes municipal offices. adjourn the sessions of the National Assembly not more than three times. is submitted to the King for approval. Article 76 Subject to the provisions of Article (52) of this Constitution. (e) Who was sentenced to a term of imprisonment exceeding one year for a non-political offence and has not been pardoned.Page 72 of 203 prorogued on that date so that the House may be able to convene its first ordinary session on the first day of October. A Minister who intends to nominate himself for election must resign fifteen days at least before the beginning of the nomination. be considered extinct and vacant. (vi)[15] Should the Council of Ministers consider that the holding of general elections in at least one half of the constituencies is possible in spite of the persistence of the force majeure referred to in this Article. The House shall exercise its full constitutional powers and be subject to the provisions stated in this Constitution. provided that during any one session the period of such postponement shall not exceed two months in the aggregate. the King may. (b) Who claims foreign nationality or protection. Similarly. (h) Who is related to the King within a degree of consanguinity to be prescribed by special law. (g) Who is insane or an imbecile. by a resolution of two-thirds of the House to which he belongs. the King shall prorogue the Assembly. reinstate and convene the dissolved House. PART III PROVISIONS GOVERNING BOTH HOUSES OF PARLIAMENT Article 75 (i) No person shall become a Senator or Deputy: (a) Who is not a Jordanian. (d) Who was interdicted for any reason and the interdiction has not been removed. including those pertaining to the term of the House and its dissolution. At the expiration of the four months or any such prolongation thereof. (v)[14] Should the force majeure stated in paragraph (iv) hereof persist. upon a decision by the Council of Ministers. including the period .

who shall not vote except where it is otherwise provided in this Constitution. Article 91 The Prime Minister may place before the House of Deputies any draft law and the House shall be entitled to accept. However. Article 88 [20] When a seat becomes vacant in the Senate or in the House of Deputies by death or resignation or for any other reason. In the case of equality of votes. or in an individual Minister. in case of equality of votes. Article 89 (i) In addition to the circumstances under which the Senate and House of Deputies may assemble in a joint meeting as prescribed in Articles (34). shall elect a member to fill the said seat from amongst the inhabitants of the said constituency to who the provisions of the Constitution are applicable and in the manner the House deems appropriate. the Speaker shall give a casting vote. No law may be promulgated unless it is passed by both the Senate and the House of Deputies and confirmed by the King. the resolution to remove a Senator or Deputy must be taken by a two-thirds majority of the House. it shall be filled by appointment in the case of a Senator and by the holding of a by-election in the case of a deputy within a period of two months from the date on which the Government is notified of the vacancy by the House. whether in a revised form or otherwise. both the Senate and the House shall assemble in a joint meeting under the chairmanship of the Speaker of the Senate to discuss the disputed points. if a seat in the House becomes vacant for any constituency for any reason and should there be force majeure on account of which the Council of Ministers considers that rendering a by-election to fill that seat is impossible. the Prime Minister shall notify the Senate or the House of Deputies when it reassembles of the proceedings which were taken against him. (ii) The King may convene the National Assembly to meet in an extraordinary session at the request of an absolute majority of the Deputies. the votes shall be taken by calling the names of members in a loud voice. and shall not be answerable in respect of any vote he gave or opinion expressed or speech made by him during the meetings of the House. In the event of his arrest in this manner. however. Article 90 No Senator or Deputy shall be removed from his office except by a decision of the House to which he belongs. coupled with the necessary explanation. (iii) If the voting is related to the Constitution. other than in the case of disqualification and combination of offices as prescribed in this Constitution and in the Electoral Law. (ii) The Senate and the House of Deputies may adjourn their session from time to time in conformity with their own Internal Regulations. The term of the new member shall be for the remaining part of the term of his predecessor. whenever necessary. An extraordinary session shall be prorogued by a Royal Decree. both Houses shall also hold a joint meeting at the request of the Prime Minister. (iii) The National Assembly shall not discuss in any extraordinary session except such matters as are specified in the Royal Decree convening the session. Article 83 The Senate and the House of Deputies shall each make its Internal Regulations for the control and organizations of its own proceedings and shall submit such Orders to the King for confirmation. and shall continue to be considered valid as long as an absolute majority of the members of either House is present. Article 92 Should either the Senate or the House of Deputies twice reject any draft law and the other accept it. or reject the draft but. (iii)[21] A joint meeting of the Senate and House of Deputies shall not be considered valid unless an absolute majority of members of each House is present. in all cases. Article 87 Every Senator or Deputy shall have complete freedom of speech and expression of opinion within the limits of the Internal Regulations of the Senate or House of Deputies. the House to which he belongs. the meeting shall be presided over by the Speaker of the Senate. Article 86 (i) No Senator or Deputy shall be detained or tried during the currency of the sessions of the National Assembly unless the House to which he belongs decided by an absolute majority that there is sufficient reason for his detention or trial or unless he was arrested flagrante delicto. provided that. the decision must be submitted to the King for approval.Page 73 of 203 of postponement. Secret sessions may. In computing the term of the session. the House of Deputies. or to a vote of no confidence in the Council of Ministers. If . Such request shall be contained in a petition specifying the matters which it is desired to discuss. Acceptance of the draft law shall be conditional upon the passing of a resolution by a two-thirds majority of the Senators and Deputies present. If such a request is made the Senate or House of Deputies shall decide whether it should be accepted or rejected. Article 84 (i)[19] No meeting of either House shall be considered valid unless it is attended by two-thirds of the members of either House. by the absolute majority of its members and within one month of its being notified thereof. the House shall refer the draft law to the Senate. exclusive of the Speaker who. excluding the Speaker. Article 85 The sessions of both the Senate and the House of Deputies shall be held in public. be convened at the request of the Government or of five Senators or Deputies. as the case may be. amend. when the summons is issued. shall be notified immediately. shall have a casting vote. the periods covered by any such adjournment shall not be taken into account. If the resolution of removal concerns a Senator. (ii) If a member is detained for any reason while the National Assembly is not sitting. (79) and (92) of this Constitution. Resolutions at such a meeting shall be taken by a majority of the Senators and Deputies present. (ii) Resolutions by the Senate and the House of Deputies shall be taken by majority of votes of the members present. convene the National Assembly to meet in an extraordinary session for an unspecified period for the purpose of deciding matters to be specified in the Royal Decree. Article 82 (i) The King may. (ii) When the Senate and House of Deputies assemble in a joint meeting.

and from the date of declaration such provisional laws shall cease to be in force provided that such nullity shall not affect any contracts or acquired rights. CHAPTER VI THE JUDICIARY Article 97 Judges are independent. provided that they are placed before the Assembly at the beginning of its next session and the Assembly may approve or amend such laws. with the assent of the King. Such proposal shall be referred to the committee concerned in the House for its opinion. or of any Law for the time being in force. for the second time. the Council of Ministers shall. Article 93 (i) Every draft law passed by the Senate and the House of Deputies shall be submitted to the King for his ratification. Article 105 The Shari’a Courts shall have exclusive jurisdiction in the following matters in accordance with its special laws: (i) Matters of Personal status of Moslems. Article 99 The courts shall be divided into three categories: (i) Civil Courts (ii) Religious Courts (iii) Special Courts Article 100 The establishment of the different courts. (ii) Provisional laws shall have the same force and effect as the laws promulgated in accordance with paragraph (ii) of Article (93) of this Constitution. and submit it to the House either during the same session or in the following session. (other than the Constitution) is referred back to the House within the period specified in the preceding paragraph and is passed. Article 96 Any Senator or Deputy may address questions or interpellations to the Ministers concerning any public matters. it shall be considered as promulgated and effective. provided that the National Assembly may reconsider the draft during its next ordinary session. If any draft law fails to obtain the two-thirds majority of votes. which should not contravene the provisions of the Constitution. provided that in matters affecting the personal status of foreigners or in matters of a civil and commercial nature in which it is customary by international usage to apply the law of another country. the limitation of their jurisdiction and their administration shall be determined by a special law which shall provide for the establishment of a High Court of Justice. as prescribed in the Internal Regulations of the Senate or the House. (ii) Any law proposed by Senators or Deputies under the preceding paragraph and rejected by either House shall not be presented for a second time during the same session.[25] Article 106 The Shari’a Courts shall apply in its proceedings the provisions of the Shari’a Law. (iv) If any draft law. (ii) Any law shall become effective upon the King‘s promulgation after thirty days from the date of its publication in the Official Gazette unless it is specifically provided in that law that it shall come into force on any other specified date. it shall refer it to the Government for drafting it in the form of draft law. (ii) The sittings of the courts shall be public unless the court considers that it should sit in camera in the interest of public order or decorum. immediately declare their nullity. Article 102 [24] The Civil Courts in the Hashemite Kingdom of Jordan shall have jurisdiction over all persons in all matters. the power to issue provisional laws covering matters which require necessary measures which admit of no delay or which necessitate expenditures incapable of postponement. and in the exercise of their judicial functions they are subject to no authority other than that of the law. If the law was not returned with the Royal assent within the period prescribed in paragraph (iii) above. unless the case is of an urgent nature and the Minister agrees to shorten this period. civil and criminal. He may. No interpellation may be debated before the lapse of eight days from the date of its receipt by the Minister. Article 107 . In the event of the rejection of such provisional laws. within six months from the date on which the law was submitted to him. If the House is of the opinion that the proposal be accepted. as the case may be. return it to the House with a statement showing the reasons for with holding his assent. shall have the force of law. by two-thirds of the members of each of the Senate and the House of Deputies. (iii) Matters pertaining to Islamic Wakfs. the Council of Ministers has. Article 103 (i) The Civil Courts shall exercise their jurisdiction in civil and criminal matters in accordance with the law for the time being in force in the Kingdom. the definition of their categories and their divisions. in this case. be promulgated. Article 94 (i)[22] In cases where the National Assembly is not sitting or is dissolved. with the sanction of the King.Page 74 of 203 the draft law is rejected as described above. (ii) Cases concerning blood money (Diya) where the two parties are Moslems or where one of the parties is not a Moslem and the two parties consent to the jurisdiction of the Shari’a Courts. (iii) If the King did not see fit to give his assent to any law. Such provisional laws. Article 101 (i) The courts shall be open to all and shall be free from any interference in their affairs. it must. it cannot be resubmitted during the same session. Article 104 The Religious Courts shall be divided into: (i) The Shari’a Courts (ii) The Tribunals of other Religious Communities. Article 95 (i)[23] Any ten or more Senators or Deputies may propose any law. by the provisions of the Constitution. that law shall be applied in a manner to be prescribed by the law. including cases brought by or against the Government. except in matters which. Article 98 Judges of the Civil and Shari’a Courts shall be appointed and dismissed by a Royal Decree in accordance with the provisions of the law. fall within the jurisdiction of Religious Courts or Special Courts. (ii) Matters of personal status are those matters which are defined by law and are within the exclusive jurisdiction of the Shari’a Courts where the parties are Moslems. it shall not be placed again before the House during the same session.

minerals or public utilities must be sanctioned by law. expenditures shall continue by monthly appropriations at the rate of 1/12th of each month of the previous year‘s budget. (v) During the debate of the General Budget. the programme of operations and the manner of their appointment of civil servants. may reduce the expenditures under the various chapters according to what it considers is in the public interest. Article 121 Municipal and local council affairs shall be administered by municipal or local councils in accordance with special laws. its expenses and the manner of expenditure: (i) The Audit Office shall submit to the House of Deputies at the beginning of every ordinary session. provided that taxation shall not exceed the capacity of taxpayers or the State‘s requirements for funds. CHAPTER VII FINANCIAL MATTERS Article 111 No tax or duty shall be levied except by law. Article 116 The Civil List of the King shall be paid from the General Revenue. Taxes and duties shall not include the various kinds of fees which the Treasury charges in respect of services rendered to members of the public by Government Departments or in consideration of benefits accruing to them from the State Domain. with approval of the King. and no proposal shall be accepted for amending expenditure or revenues fixed by contract. Such laws shall define the jurisdiction of such Tribunals in matters of personal status and trusts (Wakfs) constituted for the benefit of the community concerned. no proposal shall be accepted for the repeal of an existing tax or the creation of a new tax or the amendment of existing taxes which are levied by financial laws in force. their dismissal. Article 113 [26] If it is not possible to enact the General Budget Law prior to the beginning of the new financial year. (vi) The estimates of national revenue and expenditures for each financial year shall be approved by the General Budget Law. propose laws for the creation of new expenditures. but shall not increase such expenditures either by amendment or by submitting a separate proposal. No part of the funds of the Treasury shall be appropriated or expended for any purpose whatever unless sanctioned by law. (ii) Such laws shall determine the procedure to be followed by the Tribunals of the Religious Communities. their classification. coupled with the insurance of equality and social justice. Article 109 (i) Tribunals of Religious Communities shall be established in accordance with the provisions of laws pertaining thereto. after the debate. Matters of personal status of any such community shall be the same matters as are. provided that the Law may provide for the allocation of any special sums for a period exceeding one year. Article 118 No person shall be exempted from payment of any taxes or duties in circumstances other than those prescribed by law. two of its judges and one . Article 115 All receipts from taxes and other sources of Government revenue shall be paid into the Treasury and shall be included in the Government budget save where otherwise provided by law. Article 108 The Tribunals of Religious Communities are those for the non-Moslem religious communities which have been or will be recognised by the Government as being established in the Hashemite Kingdom of Jordan.Page 75 of 203 The organization of the affairs of Moslem trusts (Wakfs) and the administration of their financial affairs and other related matters shall be regulated by a special law. in the case of Moslems. (iii) No sum falling within the expenditure section of the General Budget may be transferred from one chapter to another except by law. Article 122 The High Tribunal provided for in Article (57) shall have the right to interpret the provisions of the Constitution either at the request of the Council of Ministers or by a resolution taken by any House of the National Assembly. Article 114 The Council of Ministers may. (ii) Voting in respect of the budget shall take place on each chapter separately. Article 123 (i) The Special Tribunal (Diwan Khas) may interpret the text of any law which has not been interpreted by the Courts at the request of the Prime Minister. and shall be fixed in the General Budget Law. In levying taxes. (iv) The National Assembly. (ii) The Special Tribunal shall consist of the President of the highest Civil Court as chairman. (ii) The law shall make provision for the immunity of the Head of the Audit Office. Article 117 Any concession granting a right for the exploitation of mines. However. Article 110 Special Courts shall exercise jurisdiction in accordance with the provisions of the laws constituting them. make regulations for the control of appropriations and expenditures of public funds. designation. or whenever the House so demands. Article 119 An Audit Office shall be constituted by law to audit the State‘s revenues. the establishment of the Government Departments. when debating the General Budget draft law or the provisional laws relating thereto. Article 112 (i) The draft law covering the General Budget shall be submitted to the National Assembly for consideration in accordance with the provisions of this Constitution at least one month before the beginning of the financial year. and the organization of Government stores. the National Assembly may. within the jurisdiction of the Shari’a Courts. passed by an absolute majority. the Government shall be guided by the principles of progressive taxation. Such interpretation shall be implemented upon its publication in the Official Gazette. a general report embodying its views and comments and indicating any irregularities committed and the responsibility arising therefrom. CHAPTER VIII GENERAL PROVISIONS Article 120 The administrative divisions of the Hashemite Kingdom of Jordan. supervision and definition of their jurisdiction and powers shall be governed by regulations issued by the Council of Ministers with the approval of the King. their discipline.

Article 126 (i) The procedure prescribed in this Constitution with regard to draft laws shall apply to any draft law for the amendment of this Constitution. (i) Recruitment to the Army. Article 130 The provisions of this Constitution shall come into force on the date of its publication in the Official Gazette. [11] As amended in Official Gazette No. shall be enacted giving power to the person specified therein to take such actions and measures as may be necessary. [7] As amended in the Official Gazette No. [2] As amended in the Official Gazette No. CHAPTER IX ENFORCEMENT AND REPEAL OF LAWS Article 128 All laws. 1831 of 1/4/1965. based on a decision of the Council of Ministers. 1380 of 4/5/1958. It shall also include a member. (iii) The repeals referred to in the preceding two paragraphs shall not affect the validity of any law or regulation made or act done in virtue thereof. [16] As amended in Official Gazette No. Article 124 In the event of an emergency necessitating the defence of the Kingdom. (iii)[27] The Special Tribunal shall give its decisions by a majority of votes. (iv) Decisions given by the Special Tribunal and published in the Official Gazette shall have the force of law. 1476 of 16/2/1960. the amendment must be passed by a two-thirds majority of members of both houses provided that. Article 129 (i) The Constitution of Jordan issued on the 7th December. (ii) The organization of the police and gendarmerie and their powers and jurisdiction shall be defined by law. the King may. [15] This was added as per amendment in the Official Gazette No. from among the senior officials of the Ministry concerned. [14] As amended in Official Gazette No. [9] As amended in Official Gazette No. (v) All other matters concerning the interpretation of law shall be decided as they arise by the courts of law in the ordinary way. 1396 of 1/9/1958. (ii) No amendment of the Constitution affecting the rights of the King and the succession to the Throne may be passed during a period of Regency. the amendment shall not come into force unless approved by the King. prior to the coming into force of the provisions of this Constitution. its organization and the rights and duties of its personnel shall be defined by law. with a view to ensuring the defence of the Kingdom. The Defence Law shall come into force upon its proclamation by a Royal Decree to be issued based on a decision of the Council of Ministers. (ii) The Palestine Order-in-Council for the Year 1922 and all amendments thereto are hereby repealed. [3] As amended in the Official Gazette No. Persons acting under such instructions shall not incur any legal liability for all acts done by them under the provisions of any law such until they are released from that responsibility by a special law to be enacted for the purpose. 1243 of 16/10/1955. 1380 dated 4/5/1958. 2605 of 27/2/1976. 1179 of 17/4/1954 and No. are hereby repealed. notwithstanding the provisions of any law in force. 2532 dated 10/11/1974. 1946. 1380 of 4/5/1958. Minister of Commerce Development and and Economy Reconstruction Jamil Tutunji Hashem Jayousi Minister of Health and Minister of Communications Social Affairs Suleiman Abdul Razzak Touqan Abdul Halim Hmoud Minister of Agriculture Minister of Finance and Defence NOTES [1] As amended in the Official Gazette No. Tawfiq Abul Huda Sa’id El-Mufti Prime Minister and Deputy Prime Minister Minister of Foreign Affairs and Minister of Interior Mohammad Amin Shanqiti Ruhi Abdul Hadi Chief Justice. together with all amendments thereto. issue such instructions as may be necessary for the defence of the Kingdom. provided that any such amendment is passed by a two-thirds majority of members of both the Senate and the House of Deputies separately. delegated by the Minister. In the event of a joint meeting of the Senate and the House of Deputies. 1179 of 17/4/1954 and No. [13] As amended in Official Gazette No.Page 76 of 203 senior administrative official who shall be appointed by the Council of Ministers as members. 1380 of 4/5/1958 and No. [10] As amended in Official Gazette No. 1243 of 16/10/1955. [5] As amended in the Official Gazette No. a law which shall be cited as the Defence Law. regulations and other existing legislation in force in the Hashemite Kingdom of Jordan at the date of entry into force of this Constitution shall continue to be in force until they are repealed or amended by the legislation issued thereunder. [8] As amended in Official Gazette No. declare martial law in all or any part of the Kingdom. 3201 of 9/1/1984. Article 131 The Council of Ministers shall be charged with the execution of the provisions of this Constitution. including the suspension of the operation of the ordinary laws of the State. 1380 of 4/5/1958. [4] As amended in the Official Gazette No. Minister of Education Anestas Hanania Suleiman Sukkar Minister of Justice. Article 127 The duties of the Army shall be restricted to the defence of the Kingdom and its safety. in each case. 1179 of 17/4/1954. 1380 of 4/5/1958. [6] As amended in the Official Gazette No. 2523 of 10/11/1974 and re-amended in the Official Gazette No. by a Royal Decree. by a Royal Decree. 1396 dated 1/9/1958. [12] As amended in Official Gazette No. in accordance with Article (92) of this Constitution. Article 125 (i) In the event of an emergency of a serious nature to the extent that action under the preceding Article of this Constitution would be considered insufficient for the defence of the Kingdom. . 2605 of 27/2/1976. (ii) When martial law is declared the King may.

emblem. [27] As amended in Official Gazette No. Article 6 [Democracy] The System of Government in Kuwait shall be democratic. or inability to work. (5) The Heir Apparent shall have attained his majority. Abdullah al-Salim al-Sabah. Article 9 [Family] The family is the corner-stone of Society. Article 5 [State Symbols] The flag. [26] As amended in Official Gazette No. having faith in the role of this Country in furthering Arab nationalism and the promotion of world peace and human civilisation. I having considered Law Number I of 1962 concerning the system of Goverument during the period of transition. physical. and a legitimate son of Muslim parents. Part II Fundamental Constituents of Kuwaiti Society Article 7 [State Goals] Justice. Article 12 [Arab Heritage] The State safeguards the heritage of Islam and of the Arabs and contributes to the furtherance of human civilisation. under which sovereignty resides in the people. and the Islamic Sharia shall be a main source of legislation. and applying consultative rule yet maintaining the unity and stability of the Country. 1179 of 17/4/1954. [20] As amended in Official Gazette No. equality. from the date of accession of the Amir. Territorial Integrity] Kuwait is an Arab State. Article 8 [Guardian State] The State safeguards the pillars of Society and ensures security. Neither its sovereignty nor any part of its territory may be relinquished. morality.Constitution { Adopted on: 11 Nov 1962 } { ICL Document Status: 11 Nov 1962 } (2) The Heir Apparent shall be designated within one year. and social justice. and medical care. 1396 of 1/9/1958. Article 11 [Old Age Protection] The State ensures aid for citizens in old age. social aid. and the National Anthem of the State shall be specified by law. [24] As amended in Official Gazette No. It also provides them with services of social security. 1380 of 4/5/1958. . (4) In case no designation is achieved in accordance with the foregoing procedure. be of sound mind. striving towards a better future in which the Country enjoys greater prosperity and higher international standing. and in which also the citizens are provided with more political freedom. 1380 of 4/5/1958. and spiritual neglect. the Beneficent. and patriotism. the source of all powers. desiring to use the means of democratic rule for our dear Country. Article 2 [State Religion] The religion of the State is Islem. Sovereiguty shall be exercised in the manner specified in this Constitution. [22] As amended in Official Gazette No. the Amir shall nominate at least three of the descendants of the late Mubarak al-Sabah of whom the National Assembly shall pledge allegiance to one as Heir Apparent. 1243 of 16/10/1955. 2414 dated 8/4/1973. [18] As amended in Official Gazette No. cooperation and mutual help are the firmest bonds between citizens. safeguarding public interest. 1380 of 4/5/1958. and. [21] As amended in Official Gazette No. 0 Kuwait .Page 77 of 203 [17] As amended in Official Gazette No. the succession to which shall be in the descendants of the late Mubarak al-Sabah. strengthen its ties. badges. and equal opportunities for citizens. Liberty. 1380 of 4/5/1958 and No. Article 4 [Monarchy] (1) Kuwait is a hereditary Amirate. [25] This term is spelled interchangeably as Wakfs or Waqfs. sickness. at the latest. 1380 of 4/5/1958. do hereby approve this Constitution and promulgate it. independent and fully sovereign. 1179 of 17/4/1954. and Equality are the pillars of society. (3) His designation shall be effected by an Amiri Order upon the nomination of the Amir and the approval of the National Assembly which shall be signified by a majarity vote of its members in a special sitting. We . Article 13 [Education] [Preamble] In the name of Allah. Article 3 [Official Language] The official language of the State is Arabic. Amir of the State of Kuwait. It is founded on religion. Part I The State and System of Government Article 1 [Sovereignty. tranquility. Law shall preserve the integrity of the family. and. upon the resolution of the Constituent Assembly. [19] As amended in Official Gazette No. The said law shall be of a constitutional nature and therefore shall be capable of amendment only by the procedure prescribed for amendment of the Constitution. and. (6) A special law promulgated within one year from the date of coming into force of this Constitution shall lay down the other rules of succession in the Amirate. and. 1380 of 4/5/1958. the Merciful. decorations. a future which upholds the traditions inherent in the Arab nation by enhancing the dignity of the individual. Article 10 [Youth Protection] The State cares for the young and protects them from exploitation and from moral. The people of Kuwait is a part of the Arab Nation. and protect under its support motherhood and childhood. [23] As amended in Official Gazette No.

due regard being given to the requirements of State security and the national economy. (2) Personal liberty is guaranteed. No deprivation or withdrawal of nationality may be effected except within the limits prescribed by law. and supervise the system of credit. No one shall be prevented from disposing of his property except within the limits of the law. except in accordance with the provisions of the law. Part III Public Rights and Duties Article 27 [Nationality] Kuwaiti nationality is defined by law. Article 17 [Public Property] Public property is inviolable and its protection is the duty of every citizen.} Article 34 [Presumption of Innocence. Human Dignity. Article 22 [Employment. and achievement of prosperity for citizens. or compelled to reside in a specified place. searched. (2) Inheritance is a right governed by the Islamic Sharia. or religion. No Torture] (1) No person shall be arrested. (2) The infliction of physical or moral injury on an accused person is prohibited. The State protects the freedom of practicing religion in accordance with established customs. Personal Penalty] (1) No crime and no penalty may be established except by virtue of law. capital. Article 26 [Public Office] (1) Public office is a national service entrusted to those who hold it.. Article 16 [Property Rights] Property. in the exercise of their duties. detained. provided that it does not conflict with public policy or morals. Article 24 [Taxation] Social justice shall be the basis of taxes and public imposts. and no penalty may be imposed except for offences committed after the relevant law has come into force. Article 19 [Confiscation] General confiscation of the property of any person shall be prohibited. Article 33 {. and on condition that just compensation is paid. Tenements] Relations between employers and employees and between landlords and tenants shall be regulated by law on economic principles. Article 25 [State Burdens] The State shall ensure the solidarity of society in shouldering burdens resulting from public disasters and calamities. Article 15 [Health Care] The State cares for public health and for means of prevention and treatment of diseases and epidemics. assured and promoted by the State. (2) Aliens may not hold public offices except in the cases specified by law. Personal Liberty] (1) All people are equal in human dignity and in public rights and duties before the law. Article 23 [Banking] The State shall encourage both co-operative activities and savings. All of them are individual rights with a social function as regulated by law. origin. due regard being given to the rules of social justice. It is founded on fair co-operation between public and private activities.} Article 31 [Arrest. and the arts and encourage scientific research therein. Article 32 [Nulla Poena Sine Lege.. Public officials. Article 30 {. Arts] The State shall promote science. increase of productivity. Article 20 [National Economy] The national economy shall be basod on social justice. No property shall be expropriated except for the public benefit under the circumstances and in the manner specified bylaw. and work are fundamental constituents of the social structure of the State and of the national wealth. Move. Its aim shall be economic development. all within the limits of the law. and provide compensation for war damages or injuries received by any person as a result of the discharge of his military duties. It shall ensure their preservation and proper exploitation. nor shall the residence of any person or his liberty to choose his place of residence or his liberty of movement be restricted. Article 14 [Science. Return] No Kuwaiti may be deported from Kuwait or prevented from returning thereto. (2) Penalty is personal.. shall aim at the public interest. Article 28 [Deportation. Article 18 [Private Property. (2) No person shall be subjected to torture or to degrading treatment. language.. Article 21 [Natural Resources] Natural resources and all revenues therefrom are the property of the State. Right to Trial] (1) An accused person is presumed innocent until proved guilty in a legal trial at which the necessary guarantees for the exercise of the right of defence are secured. improvement of the standard of living. Confiscation of particular property as a penalty may not be inflicted except by court judgment in the circumstances specified by law. without distinction to race. Article 29 [Equality. Article 35 [Freedom of Religion and Belief] Freedom of belief is absolute. Inheritance] (1) Private property is inviolable . .Page 78 of 203 Education is a fundamental requisite for the progress of society. letters.

and publishing is guaranteed in accordance with the conditions and manner specified by law. Only duly constituted organizations and bodies corporate have the right to address the authorities collectively. Article 39 [Freedom and Secrecy of Communication] Freedom of communication by post. Article 52 [Executive Power] The executive power is vested in the Amir. after the traditional consultations. Article 49 [Public Order. and the police may not attend such private meetings. Article 56 [Prime Minister] (1) The Amir. Article 40 [Compulsory and Free Education] (1) Education is a right for Kuwaitis. appoints the Prime Minister and relieves him of office. and telephone and the secrecy thereof is guaranteed. or otherwise. (2) Public meetings. The State shall endeavour to make it available to citizens and to make its terms equitable. (2) Ministers are appointed from amongst the members of the National Assembly and from others. Article 43 [Association] Freedom to form associations and unions on a national basis and by peaceful means is guaranteed in accordance with the conditions and manner specified by law. The Amir also appoints Ministers and relieves them of office upon the recommendation of the Prime Minister. Article 46 [Asylum] Extradition of political refugees is prohibited. . provided that their purpose and means are peaceful and not contrary to morals. Article 42 [No Forced Labor] There is no forced labor except in the cases specified by law for national emergency and with just remuneration. Part IV Powers Chapter I General Provisions Article 50 [Separation and Constitutionality of Powers] The system of Government is based on the principle of separation of powers functioning in co-operation with each other in accordance with the provisions of the Constitution. Article 44 [Assembly] (1) Individuals have the right of private assembly without permission or prior notification. Every person has the right to express and propagate his opinion verbally. accordingly. (3) The number of Ministers in all shall not exceed one-third of the number of the members of the National Assembly. No one may be compelled to join any association or union. (3) The State devotes particular care to the physical. in writing. Article 38 [Home] Places of residence shall be inviolable. Article 37 [Freedom of the Press] Freedom of the press. Edueation in its preliminary stages is compulsory and free in accordance with the law. Article 48 [Taxation. moral. Article 45 [Petition] Every individual has the right to address the public authorities in writing over his siguature. Article 41 [Right and Duty to Work] (1) Every Kuwaiti has the right to work and to choose the type of his work. (2) The law lays down the necessary plan to eliminate illiteracy. telegraph. which exercise it in the name of the Amir within the limits of the Constitution. (2) Work is a duty of every citizen necessitated by personal dignity and public good. Public Morals] Observance of public order and respect for public morals are a duty incumbent upon all inhabitants of Kuwait. printing. Immunity. guaranteed by the State in accordance with law and within the limits of public policy and morals. and the Ministers. Inviolability] The Amir is the Head of the State . Minimum Standard of Living] Payment of taxes and public imposts is a duty in accordance with the law which regulates exemption of small incomes from taxes in such a way as to maintain the minimum standard of living. Military Service] National defence is a sacred daty.Page 79 of 203 Article 36 [Freedom of Opinion and Expression] Freedom of opinion and of scientific research is guaranteed. Article 47 [National Defence. None of these powers may relinquish all or part of its competence specified in this Constitution. and gatherings are permitted in accordance with the conditions and manner specified by law. the Cabinet. Article 53 [Judicial Power] The judicial power is vested in the Courts. Article 51 [Legislative Power] The legislative power is vested in the Amir and the National Assembly in accordance with the Constitution. censorship of communications and disclosure of their contents are not permitted except in the circumstances and manner specified by law. demonstrations . in accordance with the conditions and procedures specified by law. and military service is an honor for citizens which shall be regulated by law. Cbapter II The Head of State Article 54 [Head of State. His person is immune and inviolable. They may not be entered without the permission of their occupants except in the circumstances and manner specified by law. Article 55 [Government] The Amir exercises his powers through his Ministers. in the manner specified by the Constitution. and mental development of the youth.

" (2) In case the National Assembly is not in session. it is be referred to the new Assembly at its first sitting. The proclamation of Martial Law shall be by decree. ratified. (2) Martial Law may not continue unless a decision to that effect is made by a majority vote of the members constituting the Assembly. Article 59 [Powers of the Amir Specified by Law] The Law referred to in Article 4 specifies the conditions under which the Amir exercises his constitutional powers. shall come into force only when made by a law. or public or private rights of citizens. every three months. at a spacial sitting of the National Assembly. If the National Assembly confirms the bill by a two-thirds majority vote of its members. If the bill does not receive the said majarity. Article 63 [Oath of the Deputy Amir's Office] (1) Before assuming his powers the Deputy Amir. provided that they are not contrary to the . navigation. the Amir may issue decrees in respect thereof which have the force of law. he may not take part in the ministerial functions or in the work of the Assembly during the period he is acting as Deputy for the Amir. treaties of commerce. (3) If the period of promulgation expires without the Head of State demanding reconsideration. in another session. This period is reduced to seven days in case of urgency. sanction. Article 68 [War] The Amir declares defensive war by decree. Offensive war is prohibited. A treaty has the force of law after it is signed. a Deputy who shall exercise his powers during his absence. (3) In no case may treaties include secret provisions contradicting those declared. the Oath shall be taken before the Amir. by an Amiri Order. and residence. to defend the liberties. the Amir sanctions and promulgates the bill as law within thirty days from its submission to him. and to safeguard the independence and territorial integrity of the Country. or involving amendment of the laws of Kuwait. or a limitation of their scope. it may not be reconsidered during the same session. Article 64 [Incompatibilities of the Deputy Amir] The provisions of Article 131 apply to the Deputy Amir. and treaties entailing additional expenditure not provided for in the badget. Article 70 [Treaties] (1) The Amir conclades treaties by decree and transmits them immediately to the National Assembly with the appropriate statement. Every Minister also is individually responsible to the Amir for the affairs of his ministry. treaties of peace and alliance. (2) Official holidays are not counted in computing the promulgation. He appoints and dismisses officers in accordance with the law. Article 66 [Bills] Reference of a bill for reconsideration is by a decree stating the grounds therefore. the Amir shall appoint. the Amir sanctions and promulgates the bill within thirty days from its submission to him. Such decree is referred to the National Assembly within the fifteen days following its issue. Article 67 [Chief-of-Command] The Amir is the Supreme Commander of the Armed Forees. If he is a Minister or a member of the National Assembly. considers the same bill by a majority vote of its members.Page 80 of 203 Article 57 [New Government] The Cabinet is re-constituted in the manner specified in the preceding Article at the beginning of every legislative term of the National Assembly. Article 62 [Qualification of Deputy Amir] The Deputy Amir has to satesfy the qualifications laid down in Artide 82. Article 71 [Emergency Decrees] (1) Should necessity arise for urgent measures to be taken whilethe National Assembly is not in session or is dissolved. interests." Article 61 [Deputy Amir] In the event of his absence outside the Country and the inability of the Heir Apparent to act as Deputy for him. and properties of the people. (2) However. its natural resources or sovereign rights. Initiative of the Amir] (1) The Amir has the right to initiate. If the National Assembly. The said Amiri Order may include a specified arrangement for the exercise of the said powers on behalf of the Amir. Such urgency is decided upon by a majority vote of the members constituting the National Assembly. takes the oath mentioned in Articie 60 with the following phrase added thereto: " and be loyal to the Amir. Article 60 [Oath of the Amir's Office] Before assuming his powers. If the proclamation takes place during the period the National Assembly is dissolved. and publishod in the Official Gazette. the Amir takes the following oath at a special sitting of the National Assembly: "I swear by Almighty God to respect the Constitution and the laws of the State. Promulgation of laws takes place within thirty days from the date of their submission by the National Assembly to the Amir. and promulgate laws. for a decision on the future of Martial Law. (3) In all cases. the matter is referred to the National Assembly in accordance with the foregoing procedure. Article 65 [Promulgation of Laws. the bill is considered as having been sanctioned and is promulgated. Article 58 [Responsibility] The Prime Minister and the Ministers are collectively responsible to the Amir for the general policy of the State. treaties concerning the territory of the State. Article 69 [Martial Law] (1) The Amir proclaims Martial Law in the cases of necessity determined by law and in accordance with the procedure specified therein.

the time for the meeting is deemed to be 9 a. If it is dissolved or its legislative term has expired. Article 87 [First Session] (1) Notwithstanding the provisions of the preceding two Articles. due regard being given to the provisions of Article 107. . regulations for public order and health. the term of the session specified in Article 85 is reduced by the difference between the said two dates. (2) Members whose term of office expires may be re-elected. the vacancy is filled by election within two months from the date on which the Assembly declares the vacency. Article 75 [Pardon. Chapter III The National Assembly Article 79 [Exclusive Legislation] No law may be promulgated unless it has been passed by the National Assembly and sanctioned by the Amir. (2) Such decrees are referred to the National Assembly within the fifteen days following their issue if the Assembly is in session. Ministerial Members] (1) The National Assembly is composed of fifty members elected directly by universal suffrage and secret ballot in accordance with the provisions prescribed by the electoral law. (2) However. they retrospectively cease to have the force of law. If they are not thus referred. (c) be not less than thirty calendar years of age on the day of election. Re-election] (1) The term of the National Assembly is four calendar years commencing with the day of its first sitting. without the necessity of any decision to that effect. Article 72 [Execution of Laws] The Amir issues. grant a pardon or commute a sentence. the Assembly meets on the morning of the first day thereafter. (2) If the date of the meeting of the Assembly falls after the annual date mentioned in Article 86. the regulations necessary for the execution of laws without amending or suspending such laws or making any exemption from their execution. The said session may not be prorogued before the budget is approved. If the decree of convocation is not issued within the said period. A law may prescribe a less formal instrument than a decree for the issue of the regulations necessary for its execution. Article 81 [Constituencies] Electoral constituencies are determined by law. for any reason. Article 84 [Vacancy] (1) If. Article 86 [Start of Ordinary Session] The Assembly starts its ordinary session during the month of October of every year upon a convocation by the Amir. Article 74 [Diplomacy] (1) The Amir appoints and dismisses civil and military officials and dipiomatic representatives to foreign conntries in accordance with the law. Article 85 [Annual Ordinary Session] The National Assembly has an annual session of not less than eight months. they retrospectively cease to have the force of law. the Amir summons the National Assembly to hold its first meeting within two weeks of the end of the general election. (d) be able to read and write Arabic well. the Assembly is deemed to have been convoked for the morning of the day following these two weeks. by decree. (b) be qualified as an elector in acoordance with the electoral law. Article 77 [Minting Coins] Coins are minted in the name of the Amir in accordance with the law. Article 73 [Regulations] The Amir issues. Article 78 [Remuneration of the Amir] Upon the accession of the Head of State. Article 80 [Election. Article 76 [Orders of Honor] The Amir confers Orders of Honor in accordance with the law. not conflicting with any law. no successor is elected. If the decree of convocation is not issued before the first of the said month. (2) Ministers who are not elected members of the National Assembly are considered ex-officio members thereof. Article 82 [Qualifications] A member of the National Assembly shall: (a) be a Kuwaiti by origin in accordance with law. Article 83 [Term. a seat in the National Assembly becomes vacent before the end of the term. If such day happens to be an official holiday. due regard being given to the relevant provision of the preceding Article. his annual emoluments are fixed by a law for the duration of his reign. If they are referred and the Assembly does not confirm them.m. (2) If the vacency occurs within six months prior to the expiry of the legislative term of the Assembly. on the third Saturday of that month. The mandate of the new member lasts until the end of that of his predecessor.Page 81 of 203 Constitution or to the appropriations included in the budget law. Amnesty] (1) The Amir may. by deeree. Elections for the new Assembly take place within the sixty days preceding the expiry of the said term. (3) The term of the Assembly may not be extended except for necessity in time of war and by a law. by decree. and regulations necessary for the organization of public services and administration. (2) He also accepts credentials of the representatives of foreign countries. unless the Assembly approves their validity for the preceding period or settles in some other way the effects arising therefrom. general amnesty shall not be granted except by a law and then only in respect of offences committed prior to the proposal of the amnesty. such decrees are referred to tbe next Assembly at its first sitting.

and properties of the poople. another election is held between the two candidates receiving the highest number of votes. be entrusted to a judicial body. by law. following a debate on an interpellation addressed to him. if the National Assembly decides. though they may be held in secret upon the request of the Government. Majority] For a meeting of the National Assembly to be valid. (2) The debate on such an interpellation shall not take place until at least eight days have elapsed after its presentation. the Assembly may not consider matters other than those for which it has been convened except with the consent of the Cabinet. the President of the Assembly. or of ten of its members. and to discharge my duties honestly and truthfully. that it cannot cooperate with the Prime Minister. every Cabinet presents its program to the National Assembly. If either office becomes vacant. If more than one candidate receives an equal number of votes in the second place. all such candidates shall participate in the second ballot. the committees necessary for its functions.Page 82 of 203 Article 88 [Extraordinary Sessions] (1) The National Assembly is called by decree to an extraordinary session if the Amir deems it necessary. Article 93 [Committees] The Assembly forms. the Assembly elects a successor for the remainder of its term. Article 96 [Resignation of Members] The National Assembly is the competent authority to accept resignation of its members. Article 97 [Quorum. The question of confidence in a Minister may not be raised except upon his request or upon a demand signed by ten members. the matter is submitted to the Head of State. a member of the National Assembly must take the following oath before the Assembly in a public sitting: "I swear by Almighty God to be faithful to the Country and to the Amir. an interpellation may lead to the question of no-confidence being put to the Assembly. (3) The oldest member presides over the first sitting until the President is elected. (2) In all cases. Article 102 [No-Confidence in Prime Minister] (1) The Prime Minister does not hold any portfolio. The Assembly may not make its decision upon such a request before the lapse of seven days from the presentation thereof. The Assembly may make comments with regard to such a program. the motion is rejected. within the first week of its annual session. election is by an absolute majority vote of the members present. This jurisdiction may. The debate on such request is held in secret. The questioner alone has the right to comment once upon the answer. If this majority vote is not attained in the first ballot. (2) In an extraordinary session. Article 90 [Place of Meeting] Every meeting held by the Assembly at a time or place other than that assigned for its meeting is invalid. the cendidate who receives the greatest number of votes is elected. Article 95 [Validation of Election] The National Assembly decides upon the validity of the election of its members. or upon the demand of the majority of the members of the Assembly. (2) Withdrawal of confidence from a Minister is by a majority vote of the members constituting the Assembly excluding Ministers. In such a case. except in cases where a special majority is required. more than half of its members must be present. Article 98 [Government Program] Immediately upon its formation. Article 91 [Oath of Members] Before assuming his duties in the Assembly or in its committees. nor shall the question of confidence in him be raised before the National Assembly. These committees may discharge their duties during the recess of the Assembly with a view to submitting their recommendations to it when it meets. the choice is by lot. in the manner specified in the preceding Article. If there is a tie in this last ballot. When votes are equally divided." Article 92 [President of Assembly] (1) The National Assembly elects at its first sitting and for the duration of its term a President and a Deputy President from amongst its members. Resolutions are passed by an ahsolute majority vote of the members present. Article 94 [Publicity] Sittings of the National Assembly are public. Article 101 [Vote of No-Confidence] (1) Every Minister is responsible to the National Assembly for the affairs of his ministry. the Amir may either relieve the . In this case. except in case of urgency and with the consent of the Minister concerned. Ministers do not participate in the vote of confidence. interests. If the Assembly passes a vote of no-confidence against a Minister. Article 99 [Questioning Government] Every member of the National Assembly may put to the Prime Minister and to Ministers questions with a view to clarifying matters falling within their competence. and resolutions passed thereat are void by virtue of law. Article 100 [Interpellations] (1) Every member of the National Assembly may address to the Prime Minister and to Ministers interpellations with regard to matters falling within their competence. No election may be declared invalid except by a majority vote of the members constituting the Assembly. Article 89 [Prorogation of Sessions] The Amir announces the prorogation of ordinary and extraordinary sessions. (2) Nevertheless. to respect the Constitution and the laws of the State. (3) Subject to the provisions of Articles 101 and 102. he is considered to have resigned his office as from the date of the vote of noconfidence and shall immediately submit his formal resignation. to defend the liberties.

permission is deemed to have been given. arrest. detention. Article 110 [Indemnity] A member of the National Assembly is free to express any views or opinions in the Assembly or in its committees. Article 115 [Petition Committee] (1) The Assembly sets up. adjourn the meeting of the National Assembly for a period not exceeding one month. is always notified of any such measure taken against any of its members while it was not sitting.. (3) If the elections are not held within the said period. However.. The Cabinet must be represented in the sittings of the Assembly by the Prime Minister or by some Ministers. (2) No bill initiated by a member and rejected by the National Assembly may be re-introduced during the same session. the Prime Minister or a Minister vacates his office. if the Assembly does not give a decision regarding a request for authorization within one month from the date of its receipt. The Assembly then continues to function until the new Assembly is elected. Article 113 [Assembly Requests] The National Assembly may express to the Government wishes regarding public matters. from amongst its members. Duty to Presence] . search. The Assembly must be notified of any penal measrue that may be taken during its session in acoordance with the foregoing provision. if the new Assembly decides by the abovementioned majarity vote that it cannot co-operate with the said Prime Minister. (4) A member of the Assembly represents the whole nation. Article 105 [Response to Amiri Speech] The National Assembly chooses. Article 108 {. (2) A member of the National Assembly may not interfere with the work of either the Judicial or the Executive Power. Under no circumstances can he be held liable in respect thereof. In all cases. Article 111 [Immunity] Except in cases of flagrante delicto. it shall state to the Assembly the reasons therefore.Page 83 of 203 Prime Minister of office and appoint a new Cabinet or dissolve the National Assembly. If the Government cannot comply with these wishes. The Assembly. Article 104 [Amiri Speech] (1) The Amir opens the annual session of the National Asxmbly whereupon he delivers an Amiri Speech reviewing the situation of the country and the important public matters which happened during the preceding year. he shall continue to discharge the urgent business thereof until his successor is appointed. Article 107 [Dissolution] (1) The Amir may dissolve the National Assembly by a decree in which the reasons for dissolution is indicated. Article 114 [Committees of Inquiry] The National Assembly at all times has the right to set up committees of inquiry or to delegate one or more of its members to investigate any matter within its competence. no measures of inquiry. by a decree. After the said reply has been approved by the Assembly. and statements requested from them. (3) In the event of dissolution. Ministers and all Government officials must produce testimonials. among its annual standing committees. Article 112 [Assembly Discussions] Upon a request signed by five members. elections for the new Assembly are held within a period not exceeding two months from the date of dissolution. dissolution of the Assembly may not be repeated for the same reasons. Article 116 [Governmental Right to Speek] The Prime Minister and Ministers are given the floor whenever they ask for it. the dissolved Assembly is restored to its full constitutional authority and meets immediately as if the dissolution had not taken place. and a new Cabinet shall be formed. a special committee to deal with petitions and complaints submitted to the Assembly by citizens. a committee to draft the reply to the Amiri Speech which will embody the comments and wishes of the Assembly. he shall be considered to have resigned as from the date of the decision of the Assembly in this respect. documents. The committee seeks explanation thereon from the competent authorities and informs the person concerned of the result. it is submitted to the Amir. any subject of general interest may be put to the National Assembly for discussion with a view to securing clarification of the Government's policy and to exchanging views thereof.} Article 109 [Member Bills] (1) A member of the Assembly has the right to initiate bills. (2) The Amir may depute the Prime Minister to open the Assembly or to deliver the Amiri Speech. The Assembly may comment once on the Government's statement. except with the authorisation of the Assembly. All other members also havethe right to participate in the discussion. Adjournment may be repeated during the same session with the consent of the Assembly and then only once. for any reason. (2) In the event of dissolution. He safeguards the public interest and is not subject to any authority in the discharge of his duties in the Assembly or in its committees. at its first meeting. A period of adjournment is not counted in computing the duration of the session. Article 117 [Standing Orders. Article 103 [Continuation of Government] If. and outlining the projects and reforms the Government plans to undertake during the coming year. Article 106 [Adjournment] The Amir may. They may call for assistance upon any senior officials or depute them to speak on their behalf. or any other penal measure may be taken against a member while the Assembly is in session. The Assembly may ask for a Minister to be present whenever a matter relating to his ministry is under discussion.

except by public auction or tender. he may not participate in any concession granted by the Government or by public bodies or cumulate the ministerial post with membership of the board of directors of any company. It formulates the general policy of the Government. Article 132 [Ministerial Offences and Indictment] A special law defines the offences which may be committed by Ministers in the performance of their duties. Majority. nor may he participate in concessions granted by the Government or by public bodies. or barter any of his property to the Government. or financial business. (2) Further. Article 119 [Remuneration] The remuneration of the President of the National Assembly. a member of the National Assembly may not be appointed on the board of directors of a company. nor may he let. Resolutions are passed only when the majority of its members are present and with the approval of the majority of those present. Article 130 [Ministries. The standing orders prescribe the sanctions to be imposed on any member who violates order or absents himself from the meetings of the Assembly or the committees without a legitimate excuse. Directives] Every Minister supervises the affairs of his ministry and exccutes therein the general policy of the Government. may not be awarded decorations. voting. Article 129 [Government Follows Prime Minister] The resignation of the Prime Minister or his removal from office involve the resignation or removal of all other Ministers. and specifies the procedure for their indictment and trial and the competent authority for the said trial. even indirectly. without affecting the application of other laws to their ordinary acts or offences and to the civil liability arising therefrom. a Minister may not buy or otherwise acquire any property of the State even by public auction. Article 126 [Oath of Ministers] Before assuming office. before the Amir. the right to the remuneration for membership and the right to the salary of the public office may not be cumulated. Article 133 [Self-Government] . Submission] (1) Deliberations of the Council of Ministers are secret. (2) No armed forces may enter the Assembly or be stationed close to its gates unless so requested by the President. that side prevails on which the Prime Minister has voted. during the said mandate. Article 125 [Qualifications of Ministers] A Minister has to satisfy the qualifications laid down in Article 82. or in compliance with the system of compulsory acquisition. pursues its execution. the minority has to abide by the opinion of the majority. sell. Article 120 [Incompatibilities] (1) Membership of the National Assembly is incompatible with public office except in the cases where compatibility is permitted in accordance with the Constitution. Article 121 [Economic Incompatibility] (1) During his mandate. (2) The law specifies other cases of incompatibility. or switch any of his property to the Government. Article 131 [Immunities of Ministers] (1) While in office. such modification may not take effect until the next legislative term. Chapter IV The Executive Power Section I The Cabinet Article 123 [Council of Ministers] The Council of Ministers has control over the departments of the State. he may not buy or rent any proporty of the State.Page 84 of 203 The National Assembly determines its standing orders which include the procedure of the Assembly and its committees and the rules pertaining to discussion. a Minister may not hold any other public office or practice. (2) Unless they resign. Article 118 [Order in the Assembly. Article 127 [Supervision by Prime Minister] The Prime Minister presides over the meetings of the Council of Ministers and supervises the co-ordination of work among the various ministries. questions. any profession. during the said period. sell. Co-operation. take the Oath specified in Article 91. nor let. (3) Resolutions of the Council of Ministers are submitted to the Amir for approval in cases where the issue of a decree is required. Article 128 [Secrecy. or undertake any industrial. No Presence of Forces] (1) Maintaining order in the National Assembly is the responsibility of its President. Quorum. members of the National Assembly with the exception of those occupying a public office not incompatible with the membership of the National Assembly. (2) In addition. He also formulates directives for the ministry and supervises their execution. Furthermore. and supervises the conduct of work in Government departments. In the event of a modification of the said remuneration. The Assembly has a special guard under the authority of the President of the Assembly. Article 122 [No Decorations] During their mandate. interpellation. and the Members are fixed by law. and all other functions prescribed in the Constitution. commercial. the Prime Minister and Ministers. In such cases. In case of an equal division of votes. the Deputy President. Article 124 [Remuneration of Government] (1) A law determines the remuneration of the Prime Minister and the Ministers. (2) All other provisions regarding Ministers apply to the Prime Minister unless otherwise stated.

to the National Assembly for consideration and approval. Article 136 [Public Loans] Public loans are concluded by a law. or evading the issue of a special law on a matter in respect of which the Constitution provides that a law should be issued. from the duty to pay such taxes except in the cases specified by law. their administration. at least once during each ordinary session. Article 138 [State Properties] The law lays down the rules for the protection of State properties. and measures are regulated by law. Article 149 [Final Accounts] The final accounts of the financial administration of the State for the preceding year are submitted. Article 139 [Financial Year] The financial year is fixed by law. included in the budget law or the laws amending it. or within the limits of the funds appropriated for the said purpose in the budget. (2) None of the public revenues may be allocated for a specific purpose except by law. fee.Page 85 of 203 The law regulates general and municipal self-governing bodies in such a way as to ensure their independence under the direction and supervision of the Government. Section II Financial Affairs Article 134 [Establishing Taxes] No general tax may be established. must be specified by law to which the provisions regarding the budget of the State apply. Article 147 [Maximum Expenditure] In no case may the maximum estimate of expenditure. be exceeded. Article 148 [General Budgets] The general budgets. Purpose] (1) The budget shall be discussed in the National Assembly part by part. or imposition except within the limits of law. or abolished except by a law. Standards] Currency and banking as well as standards. Article 154 [Currency. comprising the revenue and expenditure of the State. both independent and annexed. No one may be required to pay any other tax. The commission submits to both the Government and the National Assembly an annual report on its activities and its observations. Article 141 [Budget Discussion. Article 142 [Specific Funds] Specific funds may be appropriated by law for more than one year if the nature of the expenditure so requires. (2) However. No one may be exempted. or alternatively. or in excess of the budget appropriations. The commission is attached to the National Assembly and assists the government and the National Assembly in controlling the collection of the State revenues and the disbursement of its expenditures within the limits of the budget. an extraordinary budget covering more than one financial year shall be drawn up. Article 151 [Audit Commission] A financial control and audit commission is established by a law. The Governmemt may grant or guarantee a loan by a law. and submits it to the National Assembly for examination and approval at least two months hefore the end of each current financial year. Article 153 [Monopoly] No monopoly may be granted except by a law and for a limited period. Article 146 [Changes of Budget] Any expenditure not included in the budget. a statement upon the financial position of the State. amended. Article 150 [Statement of Government] The government submits to the National Assembly. as well as the transfer of any fund from one part of the budget to another. wholly or partially. which ensures its independence. increasing an existing tax. In this respect. Article 135 [Funds] The law prescribes rules for the collection of public funds and the procedure for their expenditure. Article 140 [Annual Budget] The Government draws up the annual budget. the preparatory measures facilitate the operations of prospecting and explorating and ensure publicity and competition. if the National Assembly has approved one or more parts of the new budget. Article 145 [Continuing Budget] (1) If the budget law has not been promulgated before the beginning of the financial year. Article 144 [Budget by Law] The budget shall be issued by a law. Article 152 [Natural Resources] No concession for exploitation of either a natural resource or a public service may be granted except by a law and for a limitedperiod. the preceding budget applies until the new one is issued and revenues are collected and disbursements made in accordance with laws in force at the end of the preceding year. weights. amending an existing law. and the limits within which any of these properties may be relinquished. Article 137 [Loans of Self-Governing Bodies] General and local self-governing bodies may grant or guarantee loans according to law. the conditions of their disposal. they are put into effect. Article 155 [Pensions] . within four months following the end of the said year. Article 143 [No Tax Inclusion] The budget law may not include any provisions establishing a new tax. Banking. must be effected by law. provided that each budget shall include the funds allocated for that year.

Article 156 [Local Budgets] Provisions relating to the budgets and the final accounts of local bodies and authorities which have a public legal personality are determined by law. Military Courts have jurisdiction only over military offences committed by members of the armed and security forces within the limits specified by law. Section III Military Affairs Article 157 [Peace. by law. and the safeguard of the integrity of the Country. and gratuities which are a charge on the State treasury. is a trust devolving upon every citizen. in accordance with law. It supervises the affairs of judicial police. Except when Martial Law is in force. Law regulates this body. Article 166 [Recourse to the Courts] The right of recourse to the Courts is guaranteed to all people. lays down its duties. the Assembly debates the bill article by article. (2) As an exception. general or partial. rendering legal advice. The revision comes into force only after being . Law also regulates the representation of the State and other public bodies before the Courts. Article 167 [Public Prosecution] (1) The Public Prosecution Office conducts penal charges on behalf of society. Article 161 [Supreme Defence Council] A Supreme Defence Council is set up to conduct affairs relating to defence. Article 158 [Military Service] Military service is regolated by law. and prescribes its organization and the manner of assuming administrative jurisdiction including the power of both nullification and compensation in respect of administrative acts contrary to law. (2) The law ensures the right of both the Government and the interested parties to challenge the constitutionality of laws and regulations before the said body. pensions. subsidies. (2) If the Amir and the majority of the members constituting the National Assembly approve the principle of revision and its subject matter. and to the supervision of the armed forces. Approval by a two-thirds majority vote of the members constituting the Assembly is required for the bill to be passed. compensation. the pursuit of offenders. No interference whatsoever is allowed with the conduct of justice. to the safeguard of the integrity of the Country. mentioned in the preceding two Articles. law may entrust to the public security authorities the conduct of prosecutions in misdemeanours in accordance with the manner prescribed by law. Article 164 [Court System. Article 159 [Establishment of Armed Forces] The State alone may establish armed forces and public security bodies and that in accordance with law. Law guarantees the independence of the Judiciary and states the guarantees and provisions relating to judges and the conditions of their irremovability. State Integrity] Peace is the aim of the State. Article 173 [Constitutional Review] (1) The law specifies the judicial body competent to deciding dispiutes relating to the constitutionality of laws and regulations and determines its jurisdiction and procedure. are regulated by law.Page 86 of 203 Law regulates salaries. judges are not subject to any authority . (3) If the said body decides that a law or a regulation is unconstitutional. Military Courts] Law regulates the Courts of various kinds and degrees and specifies their functions and jurisdiction. Article 160 [Mobilization] Mobilization. Article 165 [Publicity of Trials] Sittings of the Courts are to be public. Part V General and Transitional Provisions Article 174 [Amendments of the Constitution] (1) The Amir or one-third of the members of the National Assembly have the right to propose a revision of the Constitution by amending or deleting one or more of its provisions or by adding new provisions. except for the casesprescribed otherwise by law. and the execution of judgments. and defines the conditions and guarantees for those who assume its functions. it is considered null and void. Article 170 [Legal Departments] The law organizes the body which renders legal advice to ministries and public departments and drafts bills and regulations. the enforcement of penal laws. which is part of the integrity of the Greater Arab World. Article 172 [Conflicts of Jurisdiction] The method of resolving conflicts of jurisdiction or of judgments between the various kinds of Courts are prescribed by law. Article 163 [Independence of Judiciary] In administering justice. Article 169 [Administrative Jurisdiction] The law regulates the settlement of administrative suits by means of a special Chamber or Court. Article 168 [Supreme Council of Judiciary] The Judiciary has a Supreme Council which is regulated. Law prescribes the procedure and manner necessary for the exercise of this right. Chapter V The Judicial Power Article 162 [Impartiality of Judges] The honor of the Judiciary and the integrity and impartiality of judges are the bases of rule and a guarantee of rights and liberties. Article 171 [Council of State] A Council of State may be established by a law to assume the functions of administrative jurisdiction. and its duties defined. and drafting bills and regulations.

prescribe otherwise. nor shall the immunities of its members be interfered with during such period. However. continue to be applicable unless amended or repealed in accordance with the procedure preseribed in this Constitution. (3) If the principle of revision or its subiect matter is rejected. Article 177 [Continuation of Treaties] The application of this Constitution does not affect treaties and conventions previously concluded by Kuwait with other States and international organizations. specified in this Constitution. Article 181 [No Suspension of Constitution] No provision of this Constitution may be suspended except when Martial Law is in force and within the limits specified by the law. Article 179 [Retroactive Laws] The laws are applicable to that which takes place after the date of their coming into force. orders. with the approval of a majority vote of the members constituting the National Assembly. may not be proposed for revision when a Deputy Amir is acting for him. Article 175 [Limits to Constitutional Amendments] The provisions relating to the Amiri System in Kuwait and the principles of liberty and equality. and the present members of the Constituent Assembly continue in the exercis of their duties specified in the said law. in effect upon the coming into force of this Constitution.Page 87 of 203 sanctioned and promulgated by the Amir regardless of the provisions of Articles 65 and 66. Article 180 [Continuation of Laws] All provisions of laws. in other than penal matters. provided that they are not contrary to any of its provisions. Enforcement] This Constitution shall be published in the Official Gazette and comes into force on the date of the meeting of the National Assembly which shall not be later than January 1963. Article 176 [Powers of the Amir] The powers of the Amir. decrees. a law may. . Article 183 [Continuing Assembly] Law Number I of 1962 concerning the system of Government during the period of transition continues to be in force. regulations. and decisions. it may not be presented again before the lapse of one year from the rejection. Article 178 [Publication of Laws] Laws are published in the Official Gazette within two weeks of their promulgation and come into force one month after their publication. provided for in this Constitution. Under no circumstances may the meetings of the National Assembly be suspended. until themeeting of the National Assembly. (4) No amendment to this Constitution may be proposed before the lapse of five years from its coming into force. Article 182 [Publication. may not be proposed for revision except in relation to the title of the Amirate or to increase the guarantees of liberty and equality. The latter period may be extended or reduced for any law by a special provision included in it. and thus have no effect in respect of what has taken place before such date.

Its frontiers are those which now limit it: IN THE NORTH: from the mouth of Nahr El Kebir. . The Lebanese nationality. towards the Northeast and Southeast. Hasbaya and Rashaya. IN THE SOUTH: the present southern limits of the cazas of Tyre and Marjeyoun. the State respects all creeds and guarantees and protects their free exercise. translated by Gabriel M. article 1) Lebanon is an independent State. Article 9. at the height of the villages Brifa and Matrebeh. whatever their religious allegiance. . It also guarantees to individuals. The Lebanese flag is composed of three horizontal stripes two red ones framing a white one. .Sc. Harbaana.Education is free so long as it is not contrary to public order and to good manners and does not touch the dignity of creeds. the line following the course of this river up to its junction with its tributary the Ouade Khaled at the height of Jisr El Kamar. Faissan. By rendering homage to the Almighty. In the center of the white stripe figures a green cedar tree the width of which occupies the third of the latter and which. Article 10. Article 5. London BUREAU OF DOCUMENTATION 1973. Bekaa. touches each of the red stripes. Article 2. unitarian and sovereign. . Ebbech. the way it is acquired. LEBANESE AND ARAB Article 3. The top of the white stripe is equal to double of each of the red stripes. The limits of the administrative districts may not be modified except by law. They enjoy equal civil and political rights and are equally subjected to public charges and duties. IN THE EAST: the top line separating the valleys of Ouade Khaled and the Ouade Nahr-El Assi (Orontes) and passing through the villages of Meayssra. sole Article). Article 11.THE LEBANESE NATIONALS. then the Eastern limits of the cazas of Baalbeck. Individual liberty is guaranteed and protected.FUNDAMENTAL PROVISIONS CHAPTER 1. Article 4. Article 7. . shall be determined by law. THEIR RIGHTS AND THEIR DUTIES Article 6. This line follows the northern limit of the caza of Baalbeck. Bustros B. (Econ) . No part of the Lebanese territory may be alienated or ceded.(as modified by the constitutional law of 9 November 1943. Hait. No derogation shall affect the right of communities to have their schools. the respect of their personal status and their religious interests. CHAPTER 2. Beirut is its capital city.Page 88 of 203 Lebanon 1926 THE LEBANESE CONSTITUTION The Lebanese Constitution. (As modified by the constitutional law of 7 December 1943. . No infringements and no sanctions can be established except by law. No one can be arrested or detained except in accordance with the provisions of the law. IN THE WEST: the Mediterranean Sea. without any distinction whatever. THE LEBANESE CONSTITUTION promulgated on 23 May 1926 modified by the constitutional laws of: 17 October 1927 8 May 9 November 1943 7 December 1943 21 January 1947 ****** 1929 TITLE 1. subject to the general prescriptions on public education edicted by the State. . Liberty of conscience is absolute. at its top and base. Article 8. All the Lebanese are equal before the law.THE STATE AND THE TERRITORY Article 1.(As modified by the constitutional law of 9 November 1943. The Greater Lebanon is a Republic. is retained and forfeited. on condition that they do not interfere with public order.

Article 3) Beirut. Article 50) In order that a law may be promulgated.(As modified by the constitutional law of 21 January 1947.. .(As modified by the constitutional law of 17 October 1927.(Abrogated by the constitutional law of 17 October 1927. according to conditions established by the present constitution. A special statute shall govern Civil Servants according to the administrations to which they belong.Judicial power functioning within the framework of a statute established by law and ensuring essential guarantees to judges and the disputing parties is exercised by courts of different order and degrees. . . Article 17. The awards and judgments of all courts are rendered and executed in the name of the Lebanese people. . . .Freedom of expression by word or pen. Article 19. . . Article 14. CHAPTER 2. Article 50) Initiative for legislation belongs to the President of the Republic and the Chamber of Deputies.(Abrogated by the constitutional law of 17 October 1927. Article 50) Article 24. . Article 1 ) Legislature lies with a single assembly: the Chamber of Deputies. Judges are independent in the exercise of their functions. POWERS CHAPTER I. the deed dissolving it must contain convocation of the voters for new elections which shall be held in conformity with Article 24 and within a time-limit not exceeding three months. Article 12. . TITLE II.THE LEGISLATURE Article 22. in cases established by the law and in return of prior and fair compensation. Article 15. Article 25. Article 2) Executive power is entrusted to the President of the Republic who exercises it with the assistance of Ministers. freedom of the press.GENERAL PROVISIONS Article 16. Article l) The Chamber of Deputies is composed of elected members: their number and conditions of their election are determined by the electoral laws in force. Article 21.(As modified by the constitutional law of 17 October 1927. None can enter it except in cases provided by the law and according to the form it prescribes. .Property is under the protection of the law. . Arabic is the official national language. Article 50) Article 23.Any Lebanese citizen aged 21 who meets the conditions of the electoral law is entitled to vote. Article 18.Domicile is unviolable.GENERAL PROVISIONS Article 26. .(As modified by the constitutional law of 21 January 1947. . freedom of holding meetings and freedom of association are equally guaranteed within the framework of the law. Article 13. . it must have been voted by the Chamber. Article 20.(As modified by the constitutional law of 21 January 1947. None may be deprived of his property except for public utility. .All Lebanese citizens are equally admitted to all public functions without any other cause for preference except their merit and competence and according to the conditions set by law. . . . A law shall determine the cases where the French language is to be used.(As modified by the constitutional law of 17 October 1927.(As modified by the constitutional law of 17 October 1927.Page 89 of 203 Article 2). The law fixes the limits and the conditions of the magistrates' tenure of office. CHAPTER 3. The Chamber and the Executive sit in Article 27. Article l) In the event of the dissolution of the Chamber of Deputies.(As modified by the constitutional law of 17 October 1927.

. . Article 39. Article 29. the Chamber convenes in secret committee upon Government request or of five of its members. Article 10) The opening and winding up of ordinary sessions take place as a matter of right on the dates fixed by Article 32. The day's Agenda thereof is fixed by the decree of convocation. . In the event of a tie the matter under debate is rejected. Article 28.(As modified by the constitutional law of 17 October 1927.(As modified by the constitutional law of 17 October 1927. No motion of this nature may be debated and voted upon except five days at least after it has been tabled before the Chamber of Deputies and communicated to the Minister of Ministers concerned.(As modified by the constitutional law of 21 January 1947.(As modified by the constitutional law of 17 October 1927. It lasts until the end of the year. . However. Article 37. . It is devoted before any other business to budget debate and vote. . . Resolutions are adopted by majority vote.(As modified by the constitutional law of 17 October 1927. The second opens on the first Tuesday following the 15th October. On laws as a whole and on the matter of confidence voting is always by nominal call and in a loud voice.(As modified by the constitutional law of 17 October 1927. Article 38. . . It then decides if the debate must be resumed in public on the same subject. in which case ballot is secret. Article 31. Article 34. The opening and winding up of emergency sessions are fixed by decree. Article 33. Article 12) Debates in the Chamber are public. Article 9) The Chamber convenes every year in two ordinary sessions.Voting is expressed in a loud voice or by sitting and standing. The President of the Republic may convene the Chamber to an emergency session.Page 90 of 203 Article 1 ) The Chamber member represents all the Nation.(As modified by the constitutional law of 8 May 1929. Article 32. Article l) No incompatibility exists between a deputy's mandate and ministerial office. if so requested by the absolute majority of its members.(As modified by the constitutional law of 8 May 1929.(As modified by the constitutional law of 17 October 1927. Ministers may be taken indistintively either from the Chamber or from outside. The President of the Republic is bound to convene the Chamber of Deputies. Article 8 ) Any sitting of the Chamber outside the legal time of session is illegal and null as a matter of course.(As modified by the constitutional law of 17 October 1927. No mandate may be invalidated except by a two-thirds majority vote of the whole Assembly. Article 2) The right of every deputy to question the responsibility of Ministers is absolute during the ordinary and emergency sessions. . The first opens on the first Tuesday following the 15th March and terminates at the end of the month of May. Article l) The Chamber of Deputies is solely competent to adjudicate the validity of its members' mandate. Article 11) The Chamber may not be validly constituted except with the attendance of the majority of the members legally composing it. Article 14) Any Bill which has not been rejected by the Chamber may not be tabled once more in the course of the same session. . Article 36. Article 6) Cases of inaptness to the quality of deputy are determined by law. No imperative mandate may be given him by his electors. except in the event of an election. . . Article 35. Article 30.(As modified by the constitutional law of 17 October 1927.

Article 48. . Article 47. Article 22) Only the Chamber is entitled to maintain its own order.(As modified by the constitutional law of 21 January 1947. by secret ballot and the absolute majority of the expressed votes. absolute majority suffices.barring cases of flagrante delicto . Article 45.except with the approval of the Chamber. .president. . Article 41. The President's term of office is of six years. through the Speaker. At the third ballot.Before entering upon his duties. Article l) At the first sitting which follows every renewal and on the opening of the October session. while the session is in progress.(As modified by the constitutional law of 21 January 1947. The Chamber drafts its own internal Article 21) The members of the Chamber do not vote except if they attend the sitting.thirds majority of the votes. and two secretaries. The term of office of the new member shall run up to the expiry of the term of office of his predecessor. he sees to their execution. No steps shall be taken to fill the vacancy if the Chamber is less than six months away from the expire of its powers. . He may not be re-elected except after a break of six years.(As modified by the constitutional law of 17 October 1927. Article 43. After the first ballot. Article 1) General elections for the renewal of the Assembly are held within the sixty days which precede the end of its term of office. in the following terms: "I swear by Almighty God to observe the Constitution and the laws of the Lebanese people. relative majority is sufficient. to safeguard the independence of Lebanon and the integrity of its territory. Article 23) Any petition to the Chamber must be made out and communicated in writing. Article 3. Article 26) The President of the Republic promulgates laws when they have been voted by the Chamber. Article 16) No member of the Chamber may. " Article 51. . before Parliament. Article 50.(As modified by the constitutional law of 17 October 1927. . Article 42.(As modified by the constitutional law of 17 October 1927. the vacancy shall be filled within a time-limit of two months. the two youngest members acting as secretaries. the oldest is declared elected. In the event of a tie. THE EXECUTIVE Article 49. .(As modified by the constitutional law of 17 October 1927. Article l) When a seat in the Chamber has become vacant. None is eligible as President of the Republic if he does not meet the conditions required to be eligible to the Chamber of Deputies. . . Article 40. a vice. Article 24) Indemnity to the members of the Chamber is determined by law.(A s modified by the constitutional law of 17 October 192 7. . . voting by proxy is not admitted.(As modified by the constitutional law of 17 October 1927. .Page 91 of 203 Article 15) No member of the Chamber may be prosecuted for his expression of opinions or votes during the term of his mandate. elects separately. . a president (Speaker). be prosecuted or arrested for breach of the penal law . It is forbidden to hand in petitions in person or on the floor. the Chamber meeting under the presidency of its senior member. Article 46. Article 2) The President of the Republic is elected by secret ballot at a two. CHAPTER 4.(As modified by the constitutional law of 21 January 1947. and 21 January 1947.(As modified by the constitutional law of 17 October 1927.(As modified by the constitutional laws of 8 May 1929. by the Chamber of Deputies. the President of the Republic takes the oath of allegiance to the Lebanese Nation and the Constitution. he is vested with regulating powers though he may not modify the laws Article 44. Article 19) regulations.

He has the power of pardon. Article 3) The President of the Lebanese Republic negotiates and ratifies treaties. . Article 32) By decree already taken on the favourable advice of the Council of Ministers. In this case.(As modified by the constitutional law of 9 November 1943.(As modified by the constitutional law of 21 January 1947. He may not do so twice in the same session. . except however in the case of the nomination or revocation of a Minister.(As modified by the constitutional law of 21 January 1947. before the expiry of its term of office.Each of the acts of the President of the Republic must be counter. When the President of the Republic uses this right. Article 31) Within the time-limit fixed for promulgation. and on which the Chamber has not adjudicated within the forty days following its communication to the Assembly. Article 58. Article 52. Treaties involving State finances. Article 33 ) The President of the Republic may adjourn the Chamber for a period not exceeding one month. Article 55.(As modified by the constitutional law of 17 October 1927.(As modified by the constitutional law of 17 October 1927. Article l) The President of the Republic is not responsible for the acts of his functions except in cases of breach to the Constitution or high treason. Article 59. His responsibility for offences of common law is submitted to ordinary laws. he is tried by the Higher Court provided in Article 80. . he is not bound to promulgate a law unless this law has been passed by the Chamber after a second debate by absolute majority of the members legally composing this Assembly. . Article 54. . with all the chambers meeting. the President of the Republic may render executory any project which has previously been declared urgent by the Government by the decree of transmission taken on the favourable advice of the Council of Ministers. dissolve the Chamber of Deputies. Article 60. by motivated decree taken on the favourable advice of the Council of Ministers.signed by the Minister or Ministers concerned. he must promulgate within five clear days those laws whose promulgation has been declared a matter of urgency by special vote of the Chamber. trade agreements and in general treaties which cannot be denounced at the end of each calendar year. Article 30) The President of the Republic promulgates laws within the calendar month which follows the communication to the Government of the law definitively passed. Article l) The President of the Republic appoints and dismisses the Ministers among whom he designates a President for the Council of Ministers. He brings them to the knowledge of the Chamber as soon as the interest and safety of the State permit. Amnesties may not be granted except by law. Article 56. . the electing bodies are gathered as provided in Article 25 and the new Chamber is convened within the fifteen clear days following the proclamation of the election results. Public prosecutorship before the Higher Court is exercised by a magistrate appointed by the highest jurisdiction. For such offences. . . he presides over national official functions. . Article 4) The President of the Republic may. Article 53. the President of the Republic may once ask for a new debate which may not be denied him. .Page 92 of 203 themselves nor exempt from their execution. he nominates to all posts for which the mode of appointment is not otherwise determined by law. as for breach of the Constitution and high treason he may not be impeached except by the Chamber of Deputies deciding by a two-thirds majority of the members of the whole Assembly. are not definitive except after they have been voted by the Chamber of Deputies.(As modified by the constitutional law of 17 October 1927. Article 57.(As modified by the constitutional law of 17 October 1927.(As modified by the constitutional law of 8 May 1929.

Article 36) When.a) ELECTION OF THE PRESIDENT OF THE REPUBLIC Article 73. the meeting shall be held as a matter of right the tenth day before the end of the President's term of office.In case of vacancy of the Presidency of the Republic. within his competence. Article 69.(As modified by the constitutional law of 17 October 1927. . Article 71. Article 41) The Constitution may be revised on the initiative of the President of the Republic. Article 62.The Minister relinquishes his post as soon as he has been committed for trial. the President of the Republic is suspended of his functions and the Presidency is vacant until the Higher Court adjudicates. Committal for trial may not be decided except by a two-thirds majority of the whole Assembly. provisionally. . the Chamber happens to be dissolved. the Chamber meets as a matter of right. .(As modified by the constitutional law of 17 October 1927. . sees to the enforcement of the laws and regulations. for whatever reason this may be. . for the election of a new President.(As modified by the constitutional law of 17 October 1927. It must proceed solely. No one may be a Minister if he is not a Article 66.The civil list of the President of the Republic is determined by law. In default of a convocation. . Article 70. . . Article 72. If at the time the vacancy occurs. the Assembly meets immediately and as a matter of right to elect a new President. . A Minister's resignation does not preclude the initiation or pursuance of proceedings against him. A special law shall determine the civil responsibility of Ministers.Page 93 of 203 Article 61. Article 75. by the Council of Ministers. TITLE III.When indicted.(As modified by the constitutional law of 17 October 1927 Article 39) Article 64.(As modified by the constitutional law of 17 October 1927. the Chamber convenes on the invitation of its Speaker. executive power is exercised. During the President's tenure of office it may be neither increased nor reduced. Lebanese. Article 63. the Chamber declares it has no confidence in a Minister. In this . this Minister is required to resign. Article 38) At least one month and at the latest two months before the expiry of the powers of the President of the Republic. b) REVISION OF THE CONSTITUTION Article 76.The Minister committed for trial is judged by the Higher Court. Article 65. Each. They may seek the assistance of one or several Civil Servants of their department. with the election of the Head of the State. .Ministers assume the higher management of all the State services pertaining to their respective departments. Article 74. . without delay or debate. . .(As modified by the constitutional law of 17 October 1927. . (Abrogated by the constitutional law of Article 5) Should the presidency become vacant through death. the electoral bodies are summoned without delay and. Article 35) Ministers may come to the Chamber without let or hindrance and make themselves heard whenever they please. 8 May 1929. resignation or any other cause. The Government's overall program is prepared and presented to the Chamber by the President of the Council or by a Minister acting in his name. soon after the elections are held. Article 34) Ministers are severally responsible before the Chamber for the Government general policy and individually for their personal acts.(As modified by the constitutional law of 17 October 1927.The Chamber of Deputies is entitled to arraign Ministers for high treason or for serious dereliction of their incumbent duties. Article 40) The Chamber meeting to elect the President of the Republic constitutes an electing body and not a deliberating assembly. Article 68. . in conformity with Article 37. Article 67.

Every year. Article 77. Article 45) The Higher Court is composed of seven deputies elected by the Chamber of Deputies and by eight of the highest Lebanese magistrates. that the Constitution should be revised. for examination and approval. Article 82. until the final vote. Article l) Taxes are established for public utility. The Speaker conveys the wish to the Government. . either to acquiesce to the Assembly's desire.thirds majority.(As modified by the constitutional law of 21 January 1947. at equal rank. .(As modified by the constitutional law of 17 October 1927. early in the October session.Page 94 of 203 event. the Government is compelled to acquiesce to the wish of the Assembly and to table a draft law within a time-limit of four months. He may within the time-limit fixed for promulgation. if the Government is at variance with the Assembly. the general budget of State revenue and expenditure for the following year. This shall equally be proceeded with by a two. It may not deliberate and vote except those Articles and issues which have been set down for the sake of limitation and clarified in the project duly communicated.No tax may be modified or suppressed except by virtue of a law. by order of seniority. its desire is sent back for a further deliberation. the President of the Republic is at liberty. with a draft constitutional law before it. either through amendment or through independent proposals. the Government submits to the Chamber of Deputies. Should the new Assembly insist on the need for revision. But once this debate . The President of the Republic is bound to promulgate the constitutional law in the same conditions and forms as ordinary laws. under the chairmanship of the top grade magistrate. . TITLE IV. Article 42) The Constitution may equally be revised on the initiative of the Chamber of Deputies. selected by order of hierarchy or. the Chamber may not increase the credits proposed in the draft budget or in the above-mentioned projects. If the Government approves the Assembly's desire. . Article 84. The Articles and questions covered by this desire are to be specifically enumerated and clarified. . The budget is voted Article by Article. the government shall table before the Assembly a draft constitutional law. may not validly deliberate and vote except when a two-thirds majority of the members legally composing it attend. and take steps for new elections within a time-limit of three months. If the Chamber maintains its desire at a three -quarters majority of the members legally composing it. requesting it to lay down a draft constitutional law. c) OPERATION OF THE ASSEMBLY Article 78. or issue a decree of dissolution. b) FINANCE Article 81. . it must prepare the relevant draft law and table it before the Assembly within four months. Deliberations are carried by a two-thirds majority of the members legally composing the Assembly. Article 43 ) When the draft constitutional law has been tabled before it. No taxes may be levied in the Lebanese Republic except in conformity with a uniform law applicable on the whole territory without exception. This right is exercised in the following manner: In the course of an ordinary session and on the proposal of at least ten of its members. by a two-thirds majority of the members legally composing it. require a new deliberation. . the Chamber must engage itself in no other business but that of revision. Article 83. A law shall determine the procedure to be followed in this Court. . Article 79. Article 44) The Chamber of Deputies. Verdicts of condemnation by the Higher Court are rendered by a majority of six votes.(As modified by the constitutional law of 17 October 1927. Article 46) In the course of the budget debate and the discussion of the Bills providing for the opening of supplementary and emergency credits.(As modified by the constitutional Law of 17 October 1927. VARIOUS PROVISIONS a) THE HIGHER COURT Article 80. the Chamber may voice the desire.(As modified by the constitutional law of 17 October 1927.(As modified by the constitutional law of 17 October 1927.

.(Abrogated by the constitutional law of 9 November 1943. Article 4) Article 91. Article 49) The final account of the finance administration for the closed financial year must be submitted to the Chamber and approved before the promulgation of the budget of the second financial year following that to which the account refers.(As modified by the constitutional law of 17 October 1927. Article 85. nor any monopoly may be granted except by virtue of a law and for a limited period. the President of the Republic may. . duties. Article 5) As a transitory measure and for the sake of even justice and concord. . Article 89. Article 4) Article 92. Article 96. open emergency or supplementary credits.(As modified by the constitutional law of 9 November 1943. the Assembly may pass laws providing for new expenditures .No public loan and no commitment likely to burden the Treasury may be transacted except by virtue of a law. Such credits may not exceed 15.(Abrogated by the constitutional law of 21 January 1947. The expenditures of the month of January are initiated on the basis of the provisional twelfth of the preceding financial year. . by decree passed on the favourable advice of the Council of Ministers. In the course of that extraordinary session. . the President of the Republic may. .(Abrogated by the constitutional law of 9 November 19 43. if at the end of that extraordinary session the budget has not been finalised. However. TITLE V Article 90. Article 4) Article 93 Abrogated by the constitutional law of 21 January 1947.Page 95 of 203 is over. . Article 87. Article 2) Article 97. contributions. Article 86. An Audit Department shall be created by special law. Article l) No emergency credit may be opened except by special law. increased by permanent additional credits and reduced by the permanent credits withdrawn. by decree passed on the favourable advice of the Council of Ministers.(Abrogated by the constitutional law of 21 January 1947. taxes. the President of the Republic shall summon the Assembly to an extraordinary session expiring at the end of January to proceed with the budget debate.FINAL AND TRANSITORY PROVISIONS Article 95.No concession aiming at the exploitation of a natural resource of the country or a public utility service. Article 48) If the Chamber of Deputies has not definitively dealt with the draft project before the expiry of the session devoted to the examination of the budget. The measures so edicted are submitted to the ratification of the Chamber at the first session following.000 pounds per Article. The President may not exercise this power except if the draft budget has been tabled before the Chamber at least fifteen days before the beginning of the session. .(As modified by the constitutional law of 17 October 1927. Article 4) TITLE VI. without damage to State interest resulting therefrom. .(Abrogated by the constitutional law of 9 November 1943.(Abrogated by the constitutional law of 9 November 1943.(As modified by the constitutional law of 21 January 1947. . . make the draft budget executory in the form in which it was tabled before the Chamber. when unpredictable circumstances have made urgent expenditures necessary. fees and other revenue continue to be levied as previously. . Article 2) Article 94. Article 88. . . or operate credit transfers. the communities shall be equally represented in public posts and in ministerial composition.

As from 1 September 1926. Article 2) Article 101. . . Article 6) All legislative provisions contrary to the present constitution are abrogated. the State of "Greater Lebanon" shall bear the name of "Lebanese Republic".(As modified by the constitutional law of 9 November 1943. Article 2) Article 99. .(Abrogated by the constitutional law of 21 January 1947. .(Abrogated by the constitutional law of 21 January 1947. Article 2) Article 100.(Abrogated by the constitutional law of 21 January 1947. Article 102 . . without change or modification of any other kind.Page 96 of 203 Article 2) Article 98.

and Rashayya. The people are the source of authority and sovereignty. Its frontiers are those which now bound it: On the North: From the mouth of al-Kabir River. The Government shall embody these principles in all fields and areas without exception. Faysan to the height of the two villages of Brina and Matraba. a white stripe between two red ones. ICL keys are yet to be done. On the West: The Mediterranean. b. g. The width of the white stripe is equal to that of both red stripes. retained. On the East: The summit line separating the Khalid Valley and al-Asi River (Orontes) and passing by the villages of Mu'aysarah. The even development among regions on the educational. imprisoned. partition. Hayt. and respect for social justice and equality of rights and duties among all citizens without discrimination. Preamble a. } { ICL Document Status: 21 Sep 1990. worked in the ICL formatting. Lebanon is also a founding and active member of the United Nations Organization and abides by its covenants and by the Universal Declaration of Human Rights. Ibish. [Chapter] II. The Rights and Duties of the Citizen Article 6 [Nationality] Lebanese nationality and the manner in which it is acquired. The abolition of political confessionalism is a basic national goal and shall be achieved according to a gradual plan. This Constitutional Law shall be published in the Official Gazette. or colonization. and no fragmentation. The political system is established on the principle of separation. Fundamental Provisions [Chapter] I. and independent country. and economic levels shall be a basic pillar of the unity of the state and the stability of the system. Every Lebanese has the right to live in any part of it and to enjoy the sovereignty of law wherever he resides. h. } nosegregation of the people on the basis of any type of belonging. thence the eastern boundaries of the districts of Ba`albak. free. and lost is to be determined in accordance with the law. or kept in custody except . people. No one may be arrested. } { Editor's Note: The ICL edition is based on the raw text of an annotated translation by Paul E. It is unified in its territory. i. along a line following the course of this river to its point of junction with Khalid Valley opposite al-Qamar Bridge. They equally enjoy civil and political rights and equally are bound by public obligations and duties without any distinction. and included article headings and paragraph numbers. There is no constitutional legitimacy for any authority which contradicts the 'pact of communal coexistence'. On the South: The present southern boundaries of the districts of Sûr (Tyre) and Marji`yun. This line follows the northern boundary of the Ba`albak District at the northeastern and south eastern directions. and cooperation amongst the various branches of Government. and sovereign state. It is a founding and active member of the League of Arab States and abides by its pacts and covenants. Hasbayya. The Beirut Review No. 1/1991) consolidating all changes up to and including the Amendments of 21 Aug 1990 (signed into force 21 Sep 1990). and institutions within the boundaries defined in this constitution and recognized internationally. indivisible. Bustros for the Bureau of Lebanese and Arab Documentation in London. especially the freedom of opinion and belief. Lebanon is Arab in its identity and in its association. e. There is Article 3 [Administrative Areas] The boundaries of the administrative areas may not be modified except by law. In the center of and occupying one third of the white stripe is a green Cedar tree with its top touching the upper red stripe and its base touching the lower red stripe. It is a final homeland for all its citizens. Salem for the Lebanese Center of Political Studies (cf. Lebanon is a parliamentary democratic republic based on respect for public liberties. On the State and its Territories Article 1 [Territory] Lebanon is an independent. Article 4 [Republic. d. nulla poena sine lege] Individual liberty is guaranteed and protected by law. social. Article 8 [Personal Liberty. Biqa'. Capital] Greater Lebanon is a Republic the capital of which is Beirut. Lebanese territory is one for all Lebanese. Lebanon is a sovereign. and also seems to draw on the 1973 translation by Gabriel M. f. they shall exercise these powers through the constitutional institutions. That text is itself based on 'The Lebanese Constitution: A Reference Edition in English Translation' by the Department of Political Studies and Public Administration at the American University of Beirut (1960). Article 5 [Flag] The Lebanese flag is composed of three horizontal stripes. The economic system is free and ensures private initiative and the right to private property. Article 7 [Equality] All Lebanese are equal before the law. [Part] A. c. Article 2 [Territorial Integrity] No part of the Lebanese territory may be alienated or ceded. We have added minor corrections. j.Constitution { Adopted on: 23 May 1926. changed the British-style 'shall' predominance to more definite wording.Page 97 of 203 Lebanon 1990 Lebanon . Harbanah. balance.

Article 20 [Judicial Power] Judicial power is to be exercised by the tribunals of various levels and jurisdictions. and the freedom of association are guaranteed within the limits established by law. Article 15 [Property] Rights of ownership are protected by law. the seats that are currently vacant. Council of Ministers] Executive power is entrusted to the Council of Ministers to be exercised it in accordance with the conditions laid down in this constitution. Proportional representation among geographic regions. [Chapter] II. the freedom of the press. Assembly. Article 14 [Home] The citizen's place of residence is inviolable. The limits and conditions for the protection of the judges are determined by law. and modes of appeal of the Council are decided by a special law. according to the conditions established by law. Equal representation between Christians and Muslims. No one may enter it except in the circumstances and manners prescribed by law. Its authority is limited to major national issues.Page 98 of 203 according to the provisions of the law. Proportional representation among the confessional groups within each religious community. under its protection. Article 10 [Education. This is to establish equality between Christians and Muslims as stipulated in the Document of National Accord . The President. The Legislative Power Article 22 [Senate] With the election of the first Parliament on a national. Article 21 [Electoral Rights] Every Lebanese citizen who has completed his twenty-first year is an elector provided he fulfills the conditions laid down in the electoral law. Confessional Schools] Education is free insofar as it is not contrary to public order and morals and does not interfere with the dignity of any of the religions or creeds. the freedom of belief and religious practice. along with anyten Members of Parliament. and for one time only. The judges are independent in the exercise of their duties. and the freedom of religious education. the President of the Parliament. The decisions and judgments of all courts are rendered and executed in the name of the Lebanese People. the Chamber of Deputies. the Prime Minister. to whatever religious sect they belong. composition. The rules governing the organization. b. as well as the new seats that have been established by law. The officially recognized heads of religious communities have the right to consult this Council only on laws relating to personal status. Association] The freedom to express one's opinion orally or in writing. and by a majority of two thirds of the Government of National Unity. the freedom of assembly. Article 12 [Public Office] Every Lebanese has the right to hold public office. have the right to consult this Council on matters that relate to the constitutionality of laws. a Senate is established in which all the religious communities are represented. all at once. General Provisions Article 16 [Legislative Power. No offense may be established or penalty imposed except by law. Powers [Chapter] I. Belief] There shall be absolute freedom of conscience. [Part] B. No one's property may be expropriated except for reasons of public utility in cases established by law and after fair compensation has been paid beforehand. the free exercise of all religious rites provided that public order is not disturbed. Article 13 [Expression. The state inrendering homage to the Most High shall respect all religions and creeds and guarantees. operation. no preference being made except on the basis of merit and competence. Press. Article 19 [Constitutional Council] A Constitutional Council is established to supervise the constitutionality of laws and to arbitrate conflicts that arise from parliamentary and presidential elections. A law determines the cases in which the French language may be used. Until such time as the Chamber enacts new electoral laws on a non-confessional basis. It also guarantees that the personal status and religious interests of the population. nonconfessional basis. Article 18 [Bills] The Parliament and the Council of Ministers have the right to propose laws. are to be filled by appointment. Article 17 [Executive Power. (2) Exceptionally. Article 9 [Conscience. One Chamber] Legislative power is vested in a single body. the distribution of seats is according to the following principles: a. Article 23 [Eligibility to the Senate] {abolished 1927} Article 24 [Electoral Laws] (1) The Chamber of Deputies is composed of elected members. It functions within the limits of an order established by the law and offering the necessary guarantees to judges and litigants. c. Article 11 [Official National Language] Arabic is the official national language. their number and the method of their election is determined by the electoral laws in effect. A special statute guarantees the rights of state officials in the departments to which they belong. No law shall be promulgated until it has been adopted by the Chamber. There shall be no violation of the right of eligious communities to have their own schools provided they follow the general rules issued by the state regulating public instruction. is respected.

Article 40 [Immunity] No member of the Chamber may. except for elections when the ballot is secret. Article 38 [Reintroduction of Bills] No Bill that has been rejected by the Chamber may be reintroduced during the same session. may be selected from among the members of the Chamber or from persons outside the Chamber. Article 36 [Voting Process] Votes are to be cast verbally or by the members standing. Should the votes be equal. Ministers. Article 43 [Rules of Procedure] The Chamber draws up its own internal rules and procedures. the vote is always taken by roll call and the responses are made in an audible voice. the question under consideration is deemed rejected. Article 41 [Re-election] Should a seat in the Chamber become vacant. all or in part. No Deputy's mandate may be invalidated except by a majority of two thirds of the votes of the entire membership. Article 44 [First Session] (1) Each time a new Chamber is elected. . Article 37 [Vote of No-Confidence] Every Deputy has the absolute right to raise the question of no-confidence in the government during ordinary or extraordinary sessions. Decisions are to be taken by a majority vote. its meetings is reserved for the discussion of and voting on the budget before any other work. Article 25 [Dissolution] Should the Chamber of Deputies be dissolved. Article 29 [Incompatibility by Law] Cases in which persons are disqualified from becoming Deputies are determined by law. a relative majority is sufficient. The mandate of the new member does not exceed that of the old member whose place he is taking. the President and the Vice President of the Chamber to hold office for the length or the Chamber's term. Article 26 [Location of Government and Parliament] The Government and the Chamber of Deputies shall be located in Beirut. the Chamber may sit in secret sessions. Article 33 [Extraordinary Sessions] The ordinary sessions begin and end automatically on the dates fixed in Article 32. With respect to laws in general and on questions of confidence. The electoral laws will specify the details regarding the implementation of this clause. the oldest candidate is considered elected. except when he is caught in the act. Article 32 [Ordinary Sessions] The Chamber meets each year in two ordinary sessions. The first session opens on the first Tuesday following 15 March and continues until the end of May. It will then elect separately. no successor may be elected. however. It may then decide whether to resume the discussion of the same question in public. the Chamber meets under the presidency of the oldest member and the secretariat or the two youngest. during the sessions. Should the votes be equal. Article 42 [General Elections] General elections for the renewal of the Chamber shall take place within a sixty day period preceeding the expiration of its mandate. by a secret ballot and by an absolute majority of the votes cast. The second session begins on the first Tuesday following 15 Oct. The President of the Republic in consultation with the Prime Minister may summon the Chamber to extraordinary sessions by a Decree specifying the dates of the opening and closing of the extraordinary sessions as well as the agenda. Article 35 [Publicity] The meetings of the Chamber are public. the election of a successor begins within two months. This clause is automatically cancelled as soon as the Constitutional Council is established and as soon as the laws relating to it are implemented. Norestriction or stipulation may be imposed upon his mandate by his electors. Article 31 [Illegal Sessions] Meetings of the Chamber outside those set for legal sessions are unlawful and ipso facto null and void. The President of the Republic is required to convoke the Chamber if an absolute majority of the total membership so requests. at the request of the Government or of five Deputies. Article 28 [No Incompatibility] A Deputy may also occupy a ministerial position. the Decision of dissolution must provide for the holding of new elections in accordance with Article 24 and within a period not exceeding three months. Discussion of and voting on such a proposal may not take place until at least five days aftersubmission to the secretariat of the Chamber and its communication to the ministers concerned. should the seat in the Chamber become vacant during the last six months of its mandate. At the third ballot. Article 39 [Indemnity] No member of the Chamber may be prosecuted because of ideas and opinions expressed during the period of his mandate. Article 34 [Quorum] The Chamber is not validly constituted unless the majority of the total membership is present. However. be prosecuted or arrested for a criminal offense without the permission of the Chamber. Article 30 [Validating Elections] The Deputies alone have competence to judge the validity of their mandate. Article 27 [Representation] A member of the Chamber represents the whole nation. This session lasts until the end of the year.Page 99 of 203 [The Taif Agreement].

unity. the decree appointing the Cabinet and the decrees accepting the resignationof Ministers. 7. Article 47 [Petitions] Petitions to the Chamber may not be presented except in writing. Article 52 [Negotiation of International Treaties] The President of the Republic negotiates international treaties in coordination with the Prime Minister.Page 100 of 203 (2) Every time a new Chamber or Deputies is elected. 11. Article 55 [Dissolution of Parliament by Decree] . Article 48 [Remuneration] The remuneration of members of the Chamber is determined by law. Decrees issuing laws must be countersigned by the Prime Minister. on his own authority. The President of the Republic Article 49 [Presidential Powers] (1) The President of the Republic is the bead of the state and the symbol of the nation's unity. They may not be presented verbally or at the bar of the Chamber. Voting by proxy shall not be permitted. 3. He may introduce. He issues. Article 53 [List of Additional Presidential Powers] 1. based on a petition signed by at least ten Deputies. commercial treaties. 9. He may not be re-elected until six years after the expiration of his last mandate. letters to the Chamber of Deputies. and in the first session it holds. They are to be made known to the Chamber whenever the national interest and security of the state permit. 4. He forwards to the Chamber of Deputies Bills that are delivered to him by the Council of Ministers. The President's term is for six years. in agreement with the Prime Minister. These treaties are not considered ratified except after agreement of the Council of Ministers. The President shall preside over the Supreme Defense Council and be the Commander-in-Chief of the Armed Forces which fall under the authority of the Council of Ministers. He grants particular pardons by Decree. Article 45 [Presence] Members of the Chamber may only vote when they are present at the meeting. but a general amnesty cannot be granted except by a law. The President designates the Prime Minister in consultation with the President of the Chamber of Deputies based on parliamentary consultations which are binding and the content of which the President formally discloses to the Prime Minister. [Chapter] III. two years after the election or its President and his Deputy. and territorial integrity. and in general treaties that cannot be renounced every year are not considered ratified until they have been approved by the Chamber. 12. call the Council of Ministers to an extraordinary session. (3) The Chamber may. treaties involving the finances of the state. any urgent matter to the council of Ministers. when necessary. The President presides over the Council of Ministers when he wishes without participating in voting. 6. Article 46 [Parliamentary Order] The Chamber has the exclusive right to maintain order in its meetings through its President. 5. 10. in agreement with the Prime Minister. (3) It is also not possible to elect judges. must hold an immediate session to fill the vacant post. the Chamber elects two Secretaries by secret ballot according to the majority stipulated in the first part or this article. at such point. He shall safeguard the constitution and Lebanon's independence. from outside the agenda. The President alone issues the Decree which designates the Prime Minister. 2. as well as in the October session or each year. (2) The President of the Republic shall be elected by secret ballot and by a twothirds majority of the Chamber of Deputies. the President of the Republic shall take an oath of fidelity before the Parliament to the Lebanese Nation and the constitution in the following terms: "I swear by Almighty God to observe the Constitution and the laws of the Lebanese Nation and to maintain the independence of Lebanon and its territorial integrity. He may. the decrees accepting the resignation of the Cabinet or considering it resigned. The Executive Power [Section] 1. withdraw its confidence from the President of the Chamber or his Deputy by a Decision of two thirds of the Chamber. or their equivalents in all public institutions to the Presidency during their term or office or within two years following the date of their resignation or their leaving office for whatever reason. 8. Grade One civil servants. an absolute majority shall be sufficient." Article 51 [Promulgation of Laws] The President of the Republic promulgates the laws after they have been approved by the Chamber in accordance with the time limits specified by the constitution. No one may be elected to the Presidency of the Republic unless he fulfills the conditions of eligibility for the Chamber of Deputies. once only. He accredits ambassadors and accept the credentials of ambassadors. whenever he deems this necessary. However. He presides over official functions and grants official decorations by Decree. Article 50 [Oath] Upon assuming office. After a first ballot. and he may not modify these laws or exempt anyone from complying with their provisions. He issues. The Chamber. Article 54 [Countersignature] The decisions of the President must be countersigned by the Prime Minister and the Minister or Ministers concerned except the Decree designating a new Prime Minister and the Decree accepting the resignation of the Cabinet or considering it resigned. He addresses. He asks for the publication or these laws.

reading it aloud before the Chamber. after including it on the agenda of a general meeting. the electoral bodies meets as provided for in Article 25. The Cabinet must present its general statement or policy to the Chamber and gain its confidence within thirty days of the date of issuance of the Decree in which the Cabinet was formed. after consultation with the Council of Ministers. The functions of Public Prosecutor of the Supreme Council are performed by a judge appointed by the Supreme Council in plenary session. and he informs the President and the Ministers beforehand of the subjects included on the agenda and of the urgent subjects that will be discussed. the President of the Republic may not be held responsible except when he violates the constitution or in the case of high treason.Page 101 of 203 (1) The President of the Republic may. in accordance with the conditions stipulated in Articles 65 and 77 of this constitution. he may not be impeached except by a majority of two thirds of the total membership of the Chamber of Deputies. (2) The President issues decrees and requests their promulgation. (3) If elections are not held within the time limit specified in Article 25 of the constitution. except the Decree which designates him the head of the Government. 6. He conducts the parliamentary consultations involved in forming a Cabinet. with the President. as well as for violation of the constitution and for high treason. 3. and requests for reviewing laws. he is suspended from his functions. He heads the Council of Ministers and is ex officio Deputy Head of the Supreme Defense Council. and the Chamber of Deputies continues to exercise its powers according to the stipulations of the constitution. the Decree dissolving the Chamber is considered null and void. 2. based on this request. Article 60 [Responsibility] (1) While performing his functions. the President issues the Decree dissolving it. The presidency remains vacant until the Supreme Council has settled the matter. He calls the Council of Ministers into session and sets its agenda. Article 58 [Urgent Bills] Every Bill the Council of Ministers deems urgent and in which this urgency is indicated in the decree of transmission to the Chamber of Deputies may be issued by the President within forty days following its communication to the Chamber. He exercises the following powers: 1. except in the narrow senseof managing affairs. he has the right to ask the Council of Ministers to review any Decision that the Chamber has taken within fifteen days of the decision's transmission to the Presidency. He signs. 8. Article 62 [Vacancy] Should the Presidency become vacant for any reason whatsoever. He must promulgate laws that were declared urgent by a special Decision of the Chamber within five days. When the President exercises this right. all decrees. Article 57 [Presidential Veto] The President of the Republic. he is not required to promulgatethis law until it has been reconsidered and approved by an absolute majority of all the members legally composing the Chamber. (2) However. Article 59 [Adjourning the Chamber] The President of the Republic may adjourn the Chamber for a period not exceeding one month. (2) The administrative staff of the Chamber of Deputies continues to function until the election or a new Chamber. Article 56 [Promulgation Time Limits] (1) The President of the Republic promulgates the laws which have been adopted within one month of their transmission to the Government. It may not be increased or reduced during his term of office. . 5. but he may not do so twice during the same session. The Prime Minister Article 64 [Responsibility and Powers] The Prime Minister is the Head of Government and its representative. He is to be tried by the Supreme Council provided for in Article 80. and the new Chamber is to be called to convene within fifteen days after the proclamation of the election. and after the expiration of the time limit without the Chamber acting on it. If the time limits pass without the law being issued or returned. along with the President. Article 61 [Suspension after Impeachement] Should the President of the Republic be impeached. Article 63 [Remuneration] The remuneration of the President of the Republic is determined by a law. has the right to request the reconsideration of a law once during the period prescribed for its promulgation. and the Decree accepting the Cabinet's resignation or considering it resigned. 4. 7. He signs the Decree calling for an extraordinary parliamentary session. For such crimes. the law is considered legally operative and must be promulgated. his responsibility in respect of ordinary crimes is subject to the ordinary laws. He supervises the activities of the public administrations and institutions. the Decree forming the Cabinet. If the Council. [Section] 2. decides to dissolve the Chamber of Deputies. decrees issuing laws. He presents the Government's general policy statements before the Chamber of Deputies. If the Council of Ministers insists on the Decision or if the time limit passes without the Decree being issued or returned. the Decision or Decree is considered legally operative and must be promulgated. and in this case. He signs. coordinates among the Ministers and provides general guidance to ensure the proper progress of affairs. ask the Council of Ministers to dissolve the Chamber of Deputies before the expiration of its mandate. This request may not be refused. He speaks in its name and is responsible for executing the general policy that is set by the Council of Ministers. He holds working meetings with the competent authorities in the Government in the presence of the concerned Minister. the Council of Ministers exercises the powers of the President by delegation. The Cabinet does not exercise its powers before it gains the Chamber's confidence nor after it has resigned or is considered resigned.

This right cannot be exercised a second time if it is for the same reasons which led to the dissolution of the Chamber the first time. if the Prime Minister dies. nationality laws. each longer than one month. They may be assisted by whomever they select from among the officials of their Departments. The Decision to impeach may not be taken except by a majority of two thirds of the total membership of the Chamber. the review of the administrative map. the Chamber meets of its own accord on the tenth day preceding the expiration of the President's term of office. each one according to the affairs of his administration and what is specific to them. 5. Procedural Provisions [Chapter] I. If he resigns. It watches over the execution of laws and regulations and supervises the activities of all the Government's branches including the civil. for no compelling reasons. at the beginning of the term of the President of the Republic. war and peace. The Council of Ministers Article 65 [Powers] Executive authority is vested in the Council of Ministers. personal status laws. d. It makes its decisions by consensus. general mobilization. it makes its decisions by vote of the majority of attending members. international agreements and treaties. fails to meet during one of its regular periods and fails to meet throughout two successive extraordinary periods. Article 66 [Ministries. It sets the general policy of the Government in all fields. Basic national issues are considered the following: The amendment of the constitution. and the President chairs its meetings when he attends. the Chamber of Deputies is automatically considered in extraordinary session until a new Council has been formed and has gained the Chamber's confidence. and the dismissal of Ministers. The legal quorum for a Council meeting is a majority of two thirds of its members. 3. the declaration of a state of emergency and its termination. It appoints Government employees and dismisses them and accepts their resignations according to the law. if it loses more than a third of the members specified in the Decree forming it. when it loses the confidence of the Chamber of Deputies based on the Chamber's initiative or based on the Council's initiative to gain the Chamber's confidence. and they have the right to be heard whenever they request to speak. at the beginning of the term of the Chamber of Deputies. If that is not possible. Article 67 [Ministers in Parliament] Ministers may attend the Chamber if they so desire. Article 70 [Impeachment] (1) The Chamber of Deputies has the right to impeach the Prime Minister and Ministers for high treason or for serious neglect of their duties. should it not be summoned for this purpose. However. Article 71 [Judicial Impeachment Proceedings] The impeached Prime Minister or Minister are tried by the Supreme Council. The Council of Ministers meets in a locale specifically set aside for it. Among the powers that it exercises are the following: 1. in accordance with Article 37. his resignation does not prevent judicial proceedings from being instituted or continued against him. electoral laws. the annual government budget. It dissolves the Chamber of Deputies upon the request of the President of the Republic if the Chamber of Deputies. 4. the appointment of Grade One government employees and their equivalents. (3) When the Council resigns or is considered resigned. Responsibility] Only Lebanese who satisfy the conditions for deputization may assume ministerial posts. [Part] C. prepares Bills and organizational Decrees and makes the decisions necessary for implementing them. Article 69 [Government Resignation] (1) The Government is considered resigned in the following circumstances: a. the Chamber meets immediately and by virtue of the law to elect a . and security administrations and institutions without exception. the dissolution of the Chamber of Deputies. 2. (2) A special law is to be issued to determine the conditions of the civil responsibility of the Prime Minister and individual Ministers. Article 74 [Vacancy of Presidency] Should the Presidency become vacant through the death or resignation of the President or for any other cause. e. that Minister is required to resign. Article 72 [Consequences of Impeachment] A Prime Minister or Minister leaves office as soon as the Decision of impeachment concerning him is issued. f.Page 102 of 203 [Section] 3. (2) Ministers are to be dismissed by a Decree signed by the President and the Prime Minister in accordance with Article 65 of the constitution. The Ministers administer theGovernment's services and assume the responsibility of applying the laws and regulations. b. military. comprehensive and longterm development projects. Basic national issues require the approval of two thirds of the members of the Council named in the Decree forming the Cabinet. Ministers are collectively responsible before the Chamber for the general policy of the Government and individually responsible for their personal actions. the Chamber is summoned by its President to elect the newPresident of the Republic. Election of the President of the Republic Article 73 [Election of the President] One month at least and two months at most before the expiration of the term of office of the President of the Republic. It is the authority to which the armed forces are subject. or if the Chamber returns an annual budget plan with the aim or paralyzing the Government. passes a vote of noconfidence in a Minister. if the Prime Minister resigns. Article 68 [Vote of No-Confidence] When the Chamber. c.

If the new Chamber insists on the necessity of amending the constitution.Page 103 of 203 successor. The President of the Chamber then transmits the recommendation to the Government requesting it to prepare a draft law relating thereto. In such a case the Government submits a draft law to the Chamber of Deputies. it must confine itself to its discussion before any other work until a final vote is taken. Amending the Constitution Article 76 [Proposal] The constitution may be revised upon the proposal of the President of the Republic. Article 79 [Majority. It may discuss and vote only on articles and questions clearly enumerated and defined in the draft submitted to it. whose function is to try Presidents and Ministers. in coordination with the Prime Minister. Article 85 [Extraordinary Credit] No extraordinary credit may be opened except by a special law. by a majority of two thirds of the total members lawfully composing the Chamber. laws involving further expenditures after the close of this discussion. However. should unforseen circumstances render urgent expenditures necessary. the President of the Republic may issue a Decree. These measures are to be submitted to the Chamber for approval at the first ensuing session. within the period established for the promulgation. It must proceed immediately. Composition. The budget is voted upon article by article. it shall return the Decision to the Chamber for reconsideration. Nevertheless. If the Chamber happens to be dissolved at the time the vacancy occurs. The Supreme Council Article 80 [Function. in which case the vote is by a majority of two thirds. it must prepare the draft amendment and submit it to the Chamber within four months. it cannot discuss it or vote upon it except when a majority of two thirds of the members lawfully composing the Chamber are present. consists of seven deputies elected by the Chamber of Deputies and of eight of the highest Lebanese judges. (2) The President of the Republic is required to promulgate the law of the constitutional amendment under the same conditions and in the same form as ordinary laws. [Part] D. [Chapter] II. or. The Chamber may. Organizational Law] The Supreme Council. Article 82 [Rule of Law] No tax may be modified or abolished except by virtue of law. A special law is to be issued to determine the procedure to be followed by this Council. If the Chamber insists upon the necessity of the amendment by a majority of three fourths of the total members lawfully composing the Chamber. the President of the Republic has then either to accede to the Chamber's recommendation or to ask the Council of Ministers to dissolve the Chamber and to hold new elections within three months. He has the right. the Government has to submit to the Chamber of Deputies the general budget estimates of state expenditures and revenues for the following year. however. after consultation with the council of Ministers. They meet under the presidency of the judge of the highest rank. Article 77 [Request] The constitution may also be revised upon the request of the Chamber of Deputies. [Chapter] II. Article 75 The Chamber meeting to elect the President of the Republic is considered an electoral body and not a legislative assembly. Article 84 [Budget Discussion] During the discussion of the budget and draft laws involving the opening of supplementary or extraordinary credits. Miscellaneous Provisions [Chapter] I. the Chamber may not increase the credits proposed in the budget or in the draft laws mentioned above either by way of amendment Or by means of a proposal. to elect the Head of the State. in case of equal ranks. Voting is by the same majority. the revision of the constitution. the electoral bodies are convened without delay and. In this case the following procedures are to be observed: During an ordinary session and at the request of at least ten of its members. in the order of seniority. Promulgation] (1) When a draft law dealing with a constitutional amendment is submitted to the Chamber. Finances Article 81 [Integral Tax Law] No public taxes may be imposed and no new taxes established or collected in the Lebanese Republic except by a comprehensive law which applies to the entire Lebanese territory without exception. the President of the Republic. Article 78 [Priority] When a draft law dealing with a constitutional amendment is submitted to the Chamber. to open extraordinary or supplementary credits or transfer appropriations in the budget as long as these credits do not exceed a maximum limit specified in the budget law. the Chamber of Deputies may recommend. by way of proposal. the Chamber meets by virtue of the law. adopt. If the Government approves the recommendation of the Chamber by a majority of two thirds. Article 86 [Provisional Budget] If the Chamber of Deputies has not given a final decision on the budget estimates before the expiration of the session devoted to the examination of the budget. the Government must yield and submit the draft amendment within four months. the articles and the questions referred to in the recommendation must be clearly defined and specified. as soon as the elections have taken place. without discussion or any other act. according to their rank in the judicial hierarchy. Article 83 [Yearly Budget] Each year at the beginning of the October session. it it does not agree. based on a Decision of the Council or Ministers. The Decisions of condemnation by the Supreme Council is rendered by a majority of ten votes. . to ask the Chamber to reconsider the draft.

.] {Abolished in 1947} Article 97 [... On the Abolition of Political Confessionalism Article 95 [National Committee] (1) The first Chamber or Deputies which is elected on the basis of equality between Muslims and Christians takes the appropriate measures to realize the abolition of political confessionalism according to a transitional plan. charges. Article 102 [Abrogation of Old Laws] All legislative provisions contrary to the present constitution are abrogated.] {Abolished in 1943} Article 93 [.] {Abolished in 1947} Article 99 [. the state of 'Greater Lebanon' is to be known as 'The Lebanese Republic' without any other change or modification. including. A special law is to be issued for the setting up of an Auditing Bureau. Article 88 [Public Loan] No public loan or undertaking involving an expenditure from the treasury funds may be contracted except by virtue of a law. Provisions Relating to the Mandatory Power and the Leage of Nations Article 90 [. in the judiciary.] {Abolished in 1943} Article 91 [. To this must be added the permanent credits which have been dropped. headed by the President of the Republic.. Auditing Bureau] The final financial accounts of the administration for each year must be submitted to the Chamber for approval before the promulgation of the budget of the year following. propose them to the Chamber of Deputies and the Ministers. in the military and security institutions.. Provisions Relating to the Election and Functions of the Senate Article 96 [. the Council of Ministers may take a decision on the basis of which a decree is issued by the President giving effect to the above estimates in the form in which they were submitted to the Chamber.. if. [Part] G. .. b. The Lebanese Republic] Beginning 1 Sep 1929. the budget estimates have not been finally settled.] {Abolished in 1947} Article 100 [....at the end of this extraordinary session. duties. Grade One posts and their equivalents are exempt from this rule. the Council of Ministers may not exercise this right unless the budget estimates were submitted to the Chamber at least fifteen days before the commencement of its session.. imposts. during the said extraordinary session. intellectual..] {Abolished in 1947} Article 94 [. Resources. and the posts must be distributed equally between Christians and Muslims without reserving any particular job for any confessional group but rather applying the principles of expertise and competence. Additional Provisions Article 101 [Greater Lebanon.... and in public and mixed agencies are to be cancelled in accordance with the requirements of national reconciliation. Concessions.. and supervise the execution of the transitional plan.Page 104 of 203 immediately convenes the Chamber for an extraordinary session which lasts until the end of January in order to continue the discussion of the budget. The confessional groups are to be represented in a just and equitable fashion in the formation of the Cabinet.] {Abolished in 1947} [Part] H.. or a public utility service. [Part] E.] {Abolished in 1943} Article 92 [. Nevertheless..] {Abolished in 1947} Article 98 [.] {Abolished in 1943} [Part] F.. they shall be replaced by the principle of expertise and competence. Monpolies] No contract or concession for the exploitation of the natural resources of the country. However. leading political. and other kinds of revenues continue to be collected as before. and the Government fixes the expenditures for the month of January on the basis of the 'provisional twelfth. A National Committee is to be formed. and social figures. or a monopoly may be granted except by virtue of a law and for a limited period. (2) The tasks of this Committee are to study and propose the means to ensure the abolition of confessionalism.. Article 89 [Contracts. in addition to the President of the Chamber of Deputies and the Prime Minister.' Article 87 [Final Financial Accounts. taxes. The principle of confessional representation in public servicejobs. However. The budget of the previous year is adopted as a basis. (3) During the transitional phase: a.

Article 14 [Education] Preamble The Revolutionary Command Council. Public functions are the duty of those who are put in charge of them. Article 9 [Planning] The state will institute a system of national planning covering economic. is the foundation of society. All titles granted to the members of the former dynasty and to followers are abolished. democratic. In the name of the popular will. democratic. Its aim is to eliminate peacefully the disparities between social classes and to attain a society of prosperity. morality. to achieve self-sufficiency in production and equity in distribution. and patriotism. The goal of the state employees in discharging their duties is to serve the people. Article 11 [Asylum] The extradition of political refugees is prohibited. Inheritance is a right which will be governed by the Islamic Shari'a. and an honor for eery able-bodied citizen. and free republic in which sovereignty is vested in the people.Constitution { Adopted on: 11 Dec 1969 } { ICL Document Status: 1992 } Article 4 [Work] Work in the Libyan Arab Republic is a right. Article 12 [Home] The home is inviolable and shall not be entered or searched except under the circumstances and conditions defined by the law. Article 5 [Equality] All citizens are equal before the law. Article 10 [No Titles] The creation of honorary titles and civilian ranks is prohibited. Article 2 [State Religion. Expropriation will take place only in accordance with the law. progressive. if it is non-exploitative. is protected. In the name of the Libyan people who believe that peace cannot be achieved without justice. based on religion. who will stand with their brothers from all parts of the Arab Nation in the struggle for the restoration of every inch of Arab land desecrated by imperialism and for the elimination of all obstacles which prevent Arab unity from the Gulf to the Ocean. a duty. Article 7 [Economy] The state will endeavor to liberate the national economy from dependence and foreign influence. The state endeavors. and cultural aspects. who are determined to break the restraints which impede their growth and their development. socialism. Chapter I The State Article 1 [Principles] Libya is an Arab. The family. who are conscious of their responsibility in the establishment of a national. of its growth and of self-sufficiency in production. until a permanent constitution is prepared. Private ownership.Page 105 of 203 Libya . Its inspiration is its Arabic and Islamic heritage. Language] Islam is the religion of the State and Arabic is its official Language. live in a society in which every loyal citizen has the right to prosperity and wellbeing. defining the objectives of the Revolution and outlining the future course. Cooperation between the private and public sectors will be necessary for the achievement of the goals of economic development. Article 13 [Expression] Freedom of Opinion is guaranteed within the limits of public interest and the principles of the Revolution. who understand fully that the alliance of reaction and imperialism is responsible for their underdevelopment despite the abundance of their natural resources. The Libyan people are part of the Arab nation. Their goal is total Arab unity. The Libyan territory is a part of Africa. who are conscious of the importance of strengthening the ties which unite them with all the people of the world who are struggling against imperialism. expressed on September 1 by the Armed Forces who overthrew the monarchical regime and proclaimed the Libyan Arab Republic in order to protect and strengthen the Revolution until it attains its objectives of freedom. who pledged to restore their freedom. The name of the country is the Libyan Arab Republic. The state protects religious freedom in accordance with established customs. enjoy the wealth of their land. Article 8 [Property] Public ownership is the basis of the development of society. based on public ownership by the Libyan people and on private ownership by individual citizens. humanitarian values and the specific conditions of the Libyan society. and to turn it into a productive national economy. in the name of the Arab people in Libya . and unitary government. and unity. and for the corruption which spread through the governmental apparatus. Article 3 [Solidarity. through the edification of a socialist community. Article 6 [Socialism] The aim of the state is the realization of socialism through the application of social justice which forbids any form of exploitation. . The present Constitutional Proclamation is made to provide a basis for the organization of the state during the phase of completion of the national and democratic revolution. social. Family] Social solidarity constitutes the foundation of national unity.

Chapter III Miscellaneous and Transitory Provisions Article 33 [Old Constitution] The Constitution of 7 Oct 1951.Page 106 of 203 Education is a right and a duty for all Libyans. and moral development of the youth. conclude and ratify treaties and agreements. Chapter II System of Government Article 18 [Revolutionary Command Council] The Revolutionary Command Council constitutes the supreme authority in the Libyan Arab Republic. Article 26 [Armed Forces] The State alone is empowered to establish the Armed Forces who shall protect the people and insure the security of the country. Article 19 [President. at the request of its President or two of its members. The accused or imprisoned shall not be subjected to mental or physical harm. and make all decisions it deems necessary for the protection of the Revolution and the regime. its amendments. promulgate laws and decrees. its republican system. (2) The Council of Ministers insures the execution of the general policy of the State in accordance with the decisions of the Revolutionary Command Council. modified. All necessary guarantees for the exercise of his defense shall be provided. Article 22 [Joint Meetings] The Revolutionary Command Council may. (b) The penalty is personal. institutes. Article 34 [Old Law] . Article 31 [Criminal Justice] (a) Crime and penalty are only determined by law. Each Minister is responsible for his department before the Prime Minister. Article 25 [Emergency] The Revolutionary Command Council shall make decisions concerning martial law or the state of emergency whenever there is a threat to the internal or external security of the State and whenever the Revolutionary Command Council deems itnecessary for the protection and defense of the Revolution. (3) The Council of Ministers is collectively responsible before the Revolutionary Command Council. Article 30 [Recourse] Everyone has the right to resort to the Courts in accordance with the law. or cancelled and no one will be exempted from paying taxes except in accordance with the law. Article 21 [Budget] Matters relative to the general budget of the State are instituted by law and those concerning the final accounts are subject to ratification by the Revolutionary Command Council. and universities. Article 29 [Verdicts] Verdicts are pronounced and executed in the name of the people. dignity. The State is particularly anxious to enhance the physical. Article 23 [War] The Revolutionary Command Council shall declare war. The creation of private schools will also be regulated by law. Article 15 [Health] Health care is a right guaranteed by the State through the creation of hospitals and health establishments in accordance with the law. It may discharge the Premier and Ministers and accept their resignation. Article 17 [Taxation] No tax will be imposed. and all related consequences are annulled. decide in the name of the people the general policy of the State. But the resignation of the Premier carries with it the resignation of all Ministers. It may appoint deputies for the Prime Minister and Ministers without portfolio. It will then forward the proposed texts to the Revolutionary Command Council for consideration and promulgation. they shall be free from any authority except that of the law and their conscience. It is compulsory until the end of the primary school. The State guarantees this right through the establishment of schools. Article 28 [Judges] Judges shall be independent. It will exercise the powers attached to national sovereignty. unless it authorizes the Council of Ministers to do so. Council of Ministers] (1) The Revolutionary Command Council appoints the President and the Council of Ministers. and of pedagogical and cultural institutions in which education is free. hold a joint meeting with the Council of Ministers. Article 24 [Martial Law] The Revolutionary Command Council shall make decisions concerning martial law or the state of emergency whenever there is a threat to the internal or external security of the State and whenever the Revolutionary Command Council deems it necessary for the protection and defense of the Revolution. and national unity. Article 20 [Promulgation] The Council of Ministers shall study and prepare all projects of law within the framework of the general policy outlined by the Revolutionary Command Council. Military service is an honor for the Libyan people. and freedom of individuals. Article 16 [Defense] Defense of the homeland is a sacred duty. Article 27 [Judiciary] The aim of judicial decisions shall be the protection of the principles of the community and the rights. In the exercise of their functions. intellectual. (c) The defendant shall be presumed innocent until proven guilty.

Page 107 of 203 All existing provisions of laws. (2) This Proclamation is to be published in the Official Journal. It will be amended by the Revolutionary Command Council only in case of necessity and in the interest of the Revolution. and orders issued by the Revolutionary Command Council since Sep 1969 and before the issue of this constitutional proclamation shall have the power of law and supersede all contrary provisions. References to the King and Parliament in these laws shall be regarded as references to the Revolutionary Command Council and reference to the kingdom shall be regarded as reference to the Republic. They can be annulled or amended only in accordance with the procedure defined in the present constitutional proclamation. . Article 36 [Promulgation] New laws shall be published in the Official Journal and they shall be in effect at the date of publication unless it is otherwise stated. decrees. Article 35 [New Laws] Decisions. statements. and regulations which are not in conflict with the provisions set forth in this constitutional proclamation remain in effect. Article 37 [Permanent Constitution] (1) The present constitutional proclamation shall be in effect until a permanent constitution is issued.

trade unions. or punished except in the cases and forms provided by lsw. the Kingdom of Morocco subscribes to the principles. freedom of expression under all its forms. Article 8 [Electoral Equality. and professional chambers participate in the organization of the State and in the representation of the citizens. The Kingdom's motto is: "God. constitutes a part of the Great Arab Maghreb. Article 2 [Sovereignty] Sovereignty belongs to the Nation which exercises it directly by means of referendum and indirectly through its constitutional institutions. rights. 3) Freedom to organize and freedom to join any trade union or political organization of their own choice. under equal conditions. and obligations resulting from the charters of the aforesaid organizations and reaffirms its attachment to the Human Rights as they are universally recognized. provided they enjoy their civil and political rights. Commander of the Faithful. The Kingdom of Morocco also reaffirms its determination to work for the maintenance of peace and security in the world. Title I Basic Principles Article 1 [Monarchy] Morocco is a constitutional. Article 5 [Equality] All Moroccans are equal before law. All must submit to it. The King". in proportion to their economic capacities. Supreme Representative of the nation. He is . Article 3 [Organizations. ensures the observance of Islam and the Constitution. Article 18 [Duty to Bear Cost of National Calamities] All citizens collectively bear the costs resulting from national calamities. Article 10 [Personal Lilberty. Article 9 [Citizen's Rights] (1) The Constitution guarantees to all citizens: 1) Freedom of movement and freedom to settle in any part of the Kingdom. one of its constituted objectives is the realization of African unity. Expropriation] (1) The right to own property is guaranteed. Work] All citizens have equal rights to education and to work. detained. to public functions and public employment. (2) An organic law determines the conditions and forms of exercising this right. to the public expenditures which only the law can institute and distribute in the forms provided for in the present Constitution. (2) No restrictions can be imposed on such freedoms other than by law. Aware of the necessity of setting its action within the context of the international organizations of which it is an active and energetic member. local councils. Title II The Kingship Article 19 [The King] (1) The King. (2) Its extent and use may be restricted by law if the needs of economic and social planning and development require it. Women's Suffrage] (1) Men and Women enjoy equal political rights . a Muslim Sovereign State whose official language is Arabic. Home] (1) No one can be arrested. (2) All citizens of age of both sexes are electors. Article 4 [Binding Law] Law is the supreme expression of the Nation's will. Law can have no retroactive effect. (2) The home is inviolable.Page 108 of 203 Morocco . democratic. As an African State. and social Monarchy. Article 7 [Emblem. 2) Freedom of opinion. Article 11 [Secrecy of Correspondence] Correspondence is secret. There can be no searches or inspections except under the conditions and the forms provided by law. and freedom to assemble. Article 6 [State Religion] Islam is the religion of the State which guarantees to all freedom of worship. Motto] The Kingdom's emblem is a red nag stamped with a fivepointed green star in the middle.Constitution { ICL Document Status: 1992 } Preamble The Kingdom of Morocco . Article 13 [Education. Party Pluralism] (1) Political parties. Symbol of its unity and guarantor of the permanence and continuity of the State. The Homeland. (3) No expropriation can take place except in the cases and forms provided by law. (2) There can be no single party. Article 16 [Duty to Defense] All citizens contribute to the common defense of the homeland. Article 12 [Public Office] All citizens have access. Article 14 [Strike] (1) The right to strike is guaranteed. Article 15 [Property. Article 17 [Duty to Pay Taxes] All contribute.

Immunity] (1) No member of the Chamber of Representatives can be prosecuted or pursued. save those concerning the revision of the Constitution. (2) The Regency Council is headed by the First President of the Supreme Court. Treaties] (1) The King accredits ambassadors to foreign powers and international organizations. and ten personalities appointed by the King personally. by decree. Article 26 [Promulgation of Laws] The King promulgates the law within 30 days following the transmission of the approved law to Government. However. 35. 82. Article 28 [King's Addresses] The King can address the Chamber of Representatives and the Nation. 77. or tried for opinions . social groups. (2) He signs and ratifies treaties. Article 23 [Inviolability of the King] The King's person is inviolable and sacred. Article 27 [Dissolution of Parliament] The King can dissolve the Chamber of Representatives by decree under the conditions specified in Articles 70 and 72 of Title V. Article 32 [Presidency Over Councils] The King presides over the Higher Magistracy Council. entitled to take any contrary provisions. Ambassadors or representatives of international organizations are accredited to Him. During the minority of the King. 89 and 99. designates among his sons a successor other than his eldest son. (2) He is. unless the King. save those specified in Articles 21 (2). If there are no male lineal descendants. during his lifetime. (3) Treaties inconsistent with the provisions of the Constitutionare approved in accordance with the procedures necessary for the revision of the Constitution.Page 109 of 203 the protector of the rights and liberties of the citizen. Article 35 [State of Emergency] (1) When the integrity of the national territory is threatened. Article 20 [Hereditary Monarchy] The Crown of Morocco and its constitutional rights are hereditary and transmitted from father to son to the male lineal descendants of His Majesty The King Hassan II. Article 31 [Diplomacy. the King can. furthermore. Article 24 [Appointment of Government] (1) The King appoints the Prime Minister. Their voting right is personal and cannot be delegated. Article 33 [Appointment of Judges] The King appoints judges under the conditions provided in Article 82. Article 30 [Commander-in-Chief] (1) The King is the Supreme Commander of the Royal Armed Forces . Title III Chamber of Representatives Article 36 [Responsibility] The members of the Chamber of Representatives owe their mandate to the Nation. (2) He appoints civil and military personnel and can delegate this right. President of the Regional Council of the Ulemas of Rabat and Sale. Countersignature] (1) The King exercises by decree the powers expressly reserved to him by the Constitution. Article 22 [Civil List] The King has a civil list. and collectivities. The Regency Council functions as an advisory body to the King until he has turned twenty. the state of emergency. (2) He guarantees the independence of the Nation and the territorial integrity of the Kingdom within its authentic borders. Article 25 [Council of Ministers] The King presides over the Council of Ministers. It is composed. he appoints the other members of the Government . Article 34 [Right of Pardon] The King exercises the right of pardon. Article 29 [Decrees. treaties relating to the State finances cannot be ratified without prior approval of the Chamber of Representatives. (3) The rules of the functioning of the Council are provided for by an organic law. arrested. not withstanding the measures necessary for the defense of the territorial integrity. detained. by this fact. after having consulted the Speaker of the Chamber of Representatives and the Chairman of the Constitutional Council and having addressed a message to the Nation. the Higher Education Council. (3) The state of emergency does not entail the dissolution of the Chamber of Representatives. (3) He terminates their tenure either on His own initiative or by the fact of the resignation of the Government. and the Higher Council for National Promotion. the reinstatement of the functioning of the constitutional institutions and the normal conduct of state affairs. or when events occur which may impair the functioning of the Constitutional Institutions. (4) The state of emergency is terminated in the same forms as its proclamation. 68. of the President of the Chamber of Representatives. (2) The decrees are countersigned by the Prime Minister. the Throne passes to the closest collateral male descendants under the same conditions. Artide 37 [Relative Indemnity. 24. 70. all powers and constitutional rights of the Throne are exercised by a Regency Council. (2) On proposal of the Prime Minister. declare. The content of the addresses cannot be the object of any debate. Article 21 [Regency Council] (1) The King is under age until he has turned sixteen.

(3) No member of the Chamber of Representatives can be placed under arrest. Article 45 In addition to those matters expressly devolving on it by virtue of other provisions in the Constitution. within the Chamber of Representatives. Commissions of Inquiry] (1) Ministers have access to the Chamber of Representatives and to its Committees. (2) The extraordinary sessions are held on the basis of a well defined agenda. for a limited period anddetermined objective. without the permission of the Chamber of Representatives. for at least two months. or lacking the respect due to the King. the following fall within the legislative domain. These. The determination of misdemeanors and their punishment. to take measures that are normally in the legislative domain. No Commission of Inquiry can be created when the facts have given rise to a judicial prosecution and as long as prosecutions are under way. Article 41 [Publicity] The sessions of the Chamber of Representatives are public. of two-thirds of members elected through direct universal suffrage and of one-third of members elected by an electoral college composed of local councilors as well as members elected by electoral colleges composed of elected members of the professional chambers and representatives of the wage-earners. The Chamber of Representatives is composed proportionately. When a Commission has already been set up. Term] (1) Members of the Chamber of Representatives are elected for a six-year term. except in case of flagrante delicto and in authorized prosecutions or definitive condemnation.during each session.Page 110 of 203 or votes expressed in the discharge of his duties. (4) Detention or prosecution of a member of the Chamber of Representatives is suspended upon request from the same. The system of civil and commercial liabilities. Article 38 [Sessions] (1) The Chamber of Representatives holds two sessions a year. (2) Besides the standing Committees referred to in the previous paragraph. penal procedure. Article 40 [Ministers in Parliament. Article 43 [Elections. no member of the Chamber of Representatives can be prosecuted or arrested for crimes or misdemeanors other than those mentioned in the preceding paragraph. They bear the name of Representatives. and the incompatibility regulations are specified by an organic law. The King presides over the opening of the first session which commences on the second Friday in October. The fundamental guarantees granted to civil and military personnel. The Statute of the Judiciary. (4) An organic law determines the modalities of the functioning of these Commissions. The General Statute of the Civil Service. The bureau is elected by proportional representation of the groups. except in case of flagrante delicto. and culture action of the State. The creation of public establishments. social. The electoral system of the assemblies and the local councils. to collect elements of information about determined facts and submit their findings to the Chamber of Representatives. Article 46 [Other Matters] . The minutes of the debates are published in the official gazette. civil procedure. The habilitation law becomes inoperative if the Chamber of Representatives is dissolved. the Muslim religion. The Chamber of Representatives is entitled to approve outline laws relating to the essential objectives of the economic. (2) When the Chamber of Representatives has been sitting. The nationalization of enterprises and the transfer of enterprises from the public sector to the private sector. The President is elected for a three-year term. on the King's initiative or at the request of the majority of the Chamber of Representatives. Their task end with the submission of their report. the requisite conditions for being eligible. and the establishment of new categories of jurisdiction. (3) Commissions of Inquiry have a temporary nature. (3) The President and the presiding officers of the Chamber of Representatives are elected at the beginning of the October session. When the same has been exhausted. (2) During the sessions. Article 39 [Extraordinary Sessions] (1) The Chamber of Representatives may be convened in a special session. Article 44 [Laws] The law is voted on by the Chamber of Representatives. the mode of election. Decrees come into force as soon as they are published. The same may authorize the Government. they have to be referred to the Chamber of Representatives for ratification on the expiry date determined by habilitation law. adjournment can be pronounced by decree. without the authorization of the Office of the Chamber. during the recess. they can be assisted by commissioners designated by them. Individual or collective rights enumerated in Title One of the present Constitution. the other members of the bureau are elected for a one-tear term. Commissions of Inquiry can be established. however. The second session shall commence on the second Friday in April. the session is closed by decree. except in case of flagrante delicto. however. are not in force until they are declared by the Constitutional Council consistent with the provisions of the present Constitution. The Chamber may hold closed committee sessions at the request of the Prime Minister or one third of its members. except when he expresses opinions questioning the monarchical system. Article 42 [Rules of Proceedings] The Chamber of Representatives establishes and votes on the rules of its proceedings. either upon request from the absolute majority of its members or by decree. its task ends as soon as a judicial investigation is opened concerning the facts which caused its creation. (2) The number of representatives and that of representatives to be elected by each one of the electoral colleges.

They are automatically renewed for the duration of the plan. when the Chamber of Representatives approves the plan. the Chamber of Representatives decides. the Government opens by decree the credits necessary for the work of public services and for the fulfillment of their mission. Article 53 [Committee Referral] Proposals for legislative action introduced are referred for consideration to the Committees which carry on their activities between sessions. (2) Organic laws cannot be promulgated until they have been referred for approval to the Constitutional Council. revenues continue to be raised in conformity with the legislative provisions and the executive regulations in force. (2) After the nomination of the members of the Government by the King. Article 57 [Organic Laws] (1) Organic laws are approved and modified under the following conditions: the legislative proposals introduced either by the Government or the Chamber are not submitted to the Chamber of Representatives for consideration and vote until a time-limit of ten days has expired from the date of their introduction. to the questions of the members of the Chamber of Representatives and answers of the Government. As to those for which the aforesaid Bill proposes a reduction. (5) In this case. and particularly in the areas of economic.Page 111 of 203 All other matters which do not fall within the province of the legislative domain belong to the regulatory domain. Article 52 [Government Protest] (1) The Government can express objection to any proposal or amendment which is not within the legislative domain. floor consideration of the legislative proposals introduced by the Government and those accepted by it. Article 55 [Order of Business] (1) The order of business of the Chamber of Representatives is established by its Bureau. (3) The Government alone is empowered to introduce bills aiming at modifying the already adopted program. and foreign policy. keeping solely the amendments proposed or accepted by it. Article 50 Proposals and amendments introduced by members of theChamber of Representatives are not admissible if. with priority and in the order established by the Government. the Constitutional Council decides within eight days upon request by the Chamber or the Government. It comprises. (2) If the Government so demands. (2) Investment expenditures resulting from the plan implementation are passed only once. the Government may issue decree-laws in accord with the concerned Committees. Article 59 [Responsibility] (1) The Government is responsible to the King and to the Chamber of Representatives. the Budget has not been approved. for a period of thirty days. as far as the Budget is concerned. they would. on the whole or part of the bill under discussion. entail either a diminution of public revenues or increase of public expense. the Government can object to the consideration of any amendment which has not been previously submitted to the relevant Committee. Article 51 [Initiative] (1) The legislative initiative belongs concurrently to the Prime Minister and the members of the Chamber of Representatives. (2) One meeting a week is reserved. Article 49 [Budget] (1) The Chamber of Representatives approves the Budget bill in accordance with the provisions of an organic law. (2) Legislative proposals are submitted to the Bureau of the Chamber of Representatives. (2) In case of disagreement. and presents the program he intends to implement. Article 48 [State of Siege] The state of siege can be proclaimed. The thirty day time limit can only be extended by law. by a single vote. they are levied according to the new proposed rate. on the basis of the proposals introduced for approval. however. Article 54 [Decree-Laws] In the recess. Article 47 [Decree] Texts drawn up in a legislative form concerning matters falling within the domain of the regulatory power. Supervision] . may be modified by decree upon approval by the Constitutional Council. This program must sketch the guidelines of action which the Government intends to take in various sectors of national activity. (3) The Government's answer are made within twenty days following the date on which the question was submitted to the Government. when approved. by the 31st of December. Article 56 [Amending Bills] (1) The Members of the Chamber of Representatives and the Government have the right to introduce amendments. the Prime Minister appears before the Chamber of Representatives. of the revenues whose suppression is proposed in the Budget Bill. Title IV The Government Article 58 [Composition] The Government is composed of the Prime Minister and the ministers. (3) This program is the object of a debate followed with a vote under the conditions and with the effects provided in Article 74 (2) and (3). social. by decree. to be referred for approval to the Chamber of Representatives during its following regular session. Article 60 [Execution. cultural. with the exception. After the opening of the debate. (4) If. with priority.

(2) The regulatory acts of the Prime Minister are countersigned by the ministers in charge of their execution. The King can. Article 61 [Initiative] The Prime Minister initiates the laws. the Government assures the execution of the laws and supervises the administration. submit by decree. Such a motion is not admissible if it is signed by less than a quarter of the members composing the Chamber of Representatives. regulatory decrees. Article 63 [Ministerial Powers] The Prime Minister can delegate some of his powers to the ministers. Article 62 [Executive Power] (1) The executive power is exercised by the Prime Minister. after a new reading. Four members nominated for the same period by the President of the Chamber of Representatives after consultation with the groups. the succeeding one cannot be dissolved until a year after its election. (4) When the Government has been censured by the Chamber of Representatives. those of the Chamber of Representatives. drafts for revision of the Constitution. (2) The motion of censure is not approved by the Chamber of Representatives unless it has been approved by the absolute majority of the members composing it. the Chamber of Representatives. upon a declaration of general policy or the vote on a text. No bill can be presented by him to the Bureau of the Chamber of Representatives unless it has been considered in the Council of Ministers. for the Article 65 [Council of Ministers Issues] The following matters are referred to the Council of Ministers prior to any decision: questions concerning the general policy of the State. in addition to the powers vested in him by the present Constitution. any project or the legislative proposals. The voting can only take place three clear days after the introduction of the motion. the decrees referred to in Articles 38. Article 73 [Notification of War] The declaration of war is made after the Chamber of Representatives has been notified. Article 71 [Re-Election] (1) The election of a new Chamber of Representatives takes place three months. by decree. Article 72 [Repeated Dissolution] When the Chamber of Representatives has been dissolved. Title VI The Constitutional Council Article 76 [Establishment] A Constitutional Council is established. 39. (3) Voting can only take place after three clear days after the question of confidence has been made. after having consulted with the President of the Constitutional Council and addressed a message to the Nation. (3) The passing of a motion of censure entails the collective resignation of the Government. 44 and 54. Article 75 [Motion of Censure] (1) The Chamber of Representatives may question the responsibility of the Government by the veto on a motion of censure. the declaration of a state of siege. Article 77 [Composition] (1) It comprises: Four members nominated by the King for a period of six years. except in the case when the text of the project or the legislative proposals submitted to a new reading has been adopted or rejected by a two-thirds majority of the members which constitute the Chamber of Representatives. Article 74 [Vote of Confidence] (1) The Prime Minister may assume the responsibility of the Government before the Chamber of Representatives. the plan draft.Page 112 of 203 Under the responsibility of the Prime Minister. Article 70 [Dissolution] . legislative proposals before their introduction in the Bureau of the Chamber of Representatives. Title V Relations Between the Powers Article 66 [Demand for a New Reading] The King can demand of the Chamber of Representatives to proceed with a new reading of any bill or legislative proposal. the declaration of war. Article 67 [Message] The demand for a new reading is introduced in the form of a message. dissolve. the assumption of responsibility of the Government before the Chamber of Representatives. Article 64 [Coordination] The Prime Minister assumes responsibility coordination of the ministerial activities. (2) Confidence cannot be denied or a test rejected except on the basis of an absolute majority vote of the Chamber of Representatives. after the dissolution. in the meantime and in order to fill the vacancy. This new reading cannot be refused. no motion of censure is admissible within a year. Article 69 [Referendum] The results of the referendum apply to all. at the latest. (4) Refusal of a confidence vote entails the collective resignation of the Government. (2) The King exercises. Article 68 [Proposal by Decree] The King can.

Page 113 of 203 (2) Besides the above-mentioned members, the King appoints for the same period the President of the Constitutional Council. (3) Each category of the members of the Constitutional Council is renewable by half every three years. Article 78 [Organizational Law] (1) An organic law determines the rules of the organization and the functioning of the Constitutional Council, the procedure to be taken before it and, in particular, the time allowed for any arguments to be submitted. (2) It also determines the functions incompatible with those of the members of this council, the conditions for the first triennial renewal, as well as the forms of replacement of the impeached, resigning, or deceased members. Article 79 [Constitutional Review] (1) The Constitutional Council exercises the powers vested in it by virtue of the articles of the Constitution or the provisions of organic laws. It also provides rulings on the regularity of the election of the members of the Chamber of Representatives and the referendum operations. (2) Furthermore, organic laws, before their promulgation, and the Rules of the Chamber of Representatives, prior to their implementation, must be referred to the Constitutional Council, which rules on their conformity with the Constitution. (3) For the same purposes, bills can be referred to the Constitutional Council by the King, the Prime Minister, the President of the Chamber of Representatives, or a quarter of the members who make up the latter. (4) In the cases stated at the previous paragraphs, the Constitutional Council must give a ruling within one month. However, at the request of the Government, in case of urgency, this time-limit is reduced to eight days. (5) In these cases, the reference to the Constitutional Council suspends the time-limit for the promulgation. (6) An unconstitutional provision cannot be promulgated or applied. (7) The decisions of the Constitutional Council are nonappealable. They are enforced on public powers, and all administrative and jurisdictional authorities. Title VII The Judiciary Article 80 [Independent Power] The judicial authority is independent power and of the executive power. Article 81 [Sentences] Sentences are passed in the name of the King. Article 82 [Nomination] The magistrates are nominated by decree on the proposal of the Superior Council of the Magistracy. Article 83 [Irremovability] The magistrates are irremovable. Article 84 [Superior Council of the Magistracy] The Superior Council of the Magistracy is presided over by the King. Furthermore, it is composed of: The Minister of Justice, as vice-president; The first president of the Supreme Court; The King's Prosecutor General at the Supreme Court; Four representatives of the first degree jurisdictions magistrates elected from among themselves. Article 85 [Functions] The Superior Council of the Magistracy watches over the application of the guarantees granted to the magistrates concerning their advancement and discipline. Title VIII The Supreme Court Article 86 [Liability of Government] The members of the government are liable to prosecution for crimes or misdemeanors committed in the discharge of their function. Article 87 [Impeachement] They can be impeached by the Chamber of Representatives and referred to the Supreme Court. Article 88 [Majority] The Chamber of Representatives acts by secret ballot with a two-thirds majority of the members composing it, with the exception of those members called upon to take part in the prosecution, preliminary examination, and judgment. Article 89 [Composition] The Supreme Court is composed of members elected from within the Chamber. Its President is nominated by decree. Article 90 [Membership] An organic law specifies the number of the Supreme Court members, the modalities of their election, as well as the applicable procedure. Title IX Economic and Sovial Council Article 91 [Establishment] An Economic and Social Council is established. Article 92 [Functions] The Economic and Social Council can be consulted by the Government and by the Chamber of Representatives on all questions of economic or social character. It provides its opinion on the general trends of the national economy and formation. Article 93 [Organization] The composition, organization, powers, and methods of functioning of the Economic and Social Council are determined by an organic law. Title X Local Units Article 94 [Local Units] The local units of the Kingdom are the regions, prefectures, provinces, and communes . Any other local unit is established by law. Article 95 [Local Assemblies]

of the legislative

Page 114 of 203 They elect assemblies entrusted with managing democratically their affairs under the conditions determined by law. Article 96 [Local Governors] Within the prefectures and the provinces, the governorscoordinate the action of the administrations and watch over the application of the law. They also carry out the decisions of the prefectoral and provincial Assemblies. Title XI Revision of the Constitution Article 97 [Initiative, Referendum] (1) The initiative concerning the revision of the Constitution belongs to the King and the Chamber of Representatives. (2) The King can submit directly to a referendum the project of revision which he has initiated. Article 98 [Majority] The revision proposal introduced by one or several members of the Chamber of Representatives cannot be adopted unless it has been passed by a majority of two-thirds of the members composing the Chamber. Article 99 [Referendum] (1) The projects and proposals of revision are put to referendum by decree. (2) The revision of the Constitution are definitive when adopted by referendum. Article 100 [Restrictions of Constitutional Amendment] The monarchic form of the State as well as the provisions relating to the Islamic religion cannot be the object of a constitutional revision. Title XII Special Provisions Article 101 [Provisional Legislation] Until the installation of the Chamber of Representatives, provided in the present Constitution, the legislative measures necessary for putting into effect the constitutional institutions for the functioning of the public powers and for the conduct of the State affairs, are taken by His Majesty the King. Article 102 [Provisional Powers of Supreme Court] Until the establishment of the Constitutional Council, the powers vested in it by the Constitution are exercised by the Constitutional Chamber of the Supreme Court.

Page 115 of 203

Morocco 1996
Adopted 13 September 1996 See also: official French version

b. c.

freedom of opinion, of expression in all its forms, and of public gathering; freedom of association, and the freedom to belong to any union or political group of their choice.

No limitation, except by law, shall be put to the exercise of such freedoms. Article 10: No one shall be arrested, put into custody or penalised except under the circumstances and procedures prescribed by law. The home shall be inviolable. Search warrant shall be issued and investigation ordered under the conditions and procedures prescribed by law. Article 11: Secrecy of personal correspondence shall be preserved. Article 12: Opportunities for employment in public offices and positions shall be uniformly open to all citizens. Article 13: All citizens shall have equal rights in seeking education and employment. Article 14: The right of strike shall be guaranteed. Conditions and ways of exercising such a right shall be defined by an organic law. Article 15: The right of private property and free enterprise shall be guaranteed. The law shall put limitations to its extent and use if so required by the socio-economic development planned for the Nation. No expropriation shall be ordered except under such circumstances and provisions as prescribed by law. Article 16: All citizens shall contribute to the defence of the Country. Article 17: All citizens shall, according to their contributory power, bear public costs which shall be enacted and allocated only by the law, and in the manner stipulated in the provisions of the present Constitution. Article 18: All shall, in solidarity, bear the costs resulting from disasters suffered by the Nation.

PREAMBLE An Islamic and fully sovereign state whose official language is Arabic, the Kingdom of Morocco constitutes a part of the Great Arab Maghreb. As an African state, it has, among its objectives, the realisation of African unity. Aware of the need of incorporating its work within the frame of the international organisations of which it has become an active and dynamic member, the Kingdom of Morocco fully adheres to the principles, rights and obligations arising from the charters of such organisations, as it reaffirms its determination to abide by the universally recognised human rights. Likewise, it reaffirms its determination to continue its steady endeavours towards the safeguard of peace and security in the world.

CHAPTER ONE GENERAL PROVISIONS: BASIC PRINCIPLES Article 1: Morocco shall have a democratic, social and constitutional Monarchy. Article 2: Sovereignty shall be that of the People who shall exercise it directly, by means of referendum, or indirectly, through the constitutional institutions. Article 3: Political parties, unions, district councils and trade chambers shall participate in the organisation and representation of the citizens. There shall be no one-party system. Article 4: The law shall be the supreme expression of the will of the Nation. All shall abide by it. The law shall have no retroactive effect. Article 5: All Moroccan citizens shall be equal before the law. Article 6: Islam shall be the state religion. The state shall guarantee freedom of worship for all. Article 7: The emblem of the Kingdom shall be a red flag with a five-pointed green star in the center. The motto of the Kingdom shall be: GOD, THE COUNTRY, THE KING. Article 8: Men and women shall enjoy equal political rights. Any citizen of age enjoying his or her civil and political rights shall be eligible to vote. Article 9: The constitution shall guarantee all citizens the following: a. freedom of movement through, and of settlement in, all parts of the Kingdom;

CHAPTER TWO MONARCHY Article 19: The King, "Amir Al-Muminin"(Commander of the Faithful), shall be the Supreme Representative of the Nation and the Symbol of the unity thereof. He shall be the guarantor of the perpetuation and the continuity of the State. As Defender of the Faith, He shall ensure the respect for the Constitution. He shall be the Protector of the rights and liberties of the citizens, social groups and organisations. The King shall be the guarantor of the independence of the Nation and the territorial integrity of the Kingdom within all its rightfull boundaries. Article 20: The Moroccan Crown and the constitutional rights thereof shall be heriditary and handed down, from father to son, to descendants in direct male line and by order of primogeniture among the offspring of His Majesty King Hassan II, unless the King should, during his lifetime, designate a successor among his sons apart from the eldest one. In case of failing descendants in direct male line, the right

Page 116 of 203 of succession to the Throne shall, under the same conditions, be invested in the closest male in the collateral consanguinity. Article 21: The King shall be considered minor until he turns sixteen. During the King's phase of minority, a Regency Council shall assume the powers of the constitutional rights of the Crown, with the exception of those pertaining to the revision of the Constitution. The Regency Council shall serve as an advisory board to the King until he turns twenty. The Regency Council shall be presided over by the First President of the Supreme Court. It shall include, in addition to its Chairman, the President of the House of Representatives, the President of the House of Counsellors, the Chairman of the Rabat and Salé Ulama Council (of scholars), and ten dignitaries appointed with the King's own accord. Rules of procedure of the Regency Council shall be governed by an organic law. Article 22: The King shall be entitled to a Civil List. Article 23: The person of the King shall be sacred and inviolable. Article 24: The King shall appoint the Prime Minister. Upon the Prime Minister's recommendation, the King shall appoint the other Cabinet members as he may terminate their services. The King shall terminate the services of the Government either on his own initiative or because of their resignation. Article 25: The King shall preside over Cabinet meetings. Article 26: The King shall promulgate a definitively adopted law within the thirty days following its receipt by the Government. Article 27: The King may dissolve the two Houses of Parliament or one thereof by Royal Decree, in accordance with the conditions prescribed in Articles 71 and 73. Article 28: The King shall have the right to deliver addresses to the Nation and to the Parliament. The messages shall be read out before both Houses and shall not be subject to any debate. Article 29: The King shall, by Royal Decrees, exercise the statutory powers explicitly conferred upon him by the Constitution. Royal Decrees shall be countersigned by the Prime Minister, with the exception of those provided for in Articles 21 (Paragraph 2), 24 (paragraphs 1, 3 and 4), 35, 69,71, 79, 84, 91, 99 and 105. Article 30: The King shall be the Commander-in-chief of the Royal Armed Forces. He shall make civil and military appointments and shall reserve the right to delegate such a power. Article 31: The King shall accredit ambassadors to foreign nations and international organisations. Ambassadors or representatives of international organisations shall be accredited to him. The King shall sign and ratify treaties. However, treaties committing State finances shall not be ratified without having been approved under the law. Treaties likely to affect the constitutional provisions shall be approved in accordance with the procedures prescribed for the modification of the Constitution. Article 32: The King shall preside over the Supreme Council of the Magistracy, the Supreme Council of Education and the Supreme Council for National Reconstruction and Planning. Article 33: The King shall appoint magistrates in accordance with the conditions prescribed in Article 84. Article 34: The King shall exercise the right of granting pardon. Article 35: Should the integrity of the national territory ever be under threat or should any event interrupt the course of action of the constitutional institutions, the King shall, after consulting with the President of the House of Representatives and the president of the House of Counsellors as well as the Chairman of the Constitutional Council, and addressing the Nation, have the right to declare a State of Emergency by Royal Decree. Notwithstanding all contrary provisions, he shall hence assume the responsibility of taking all the necessary measures for the country's defence and the restoration of a normal functioning of constitutional institutions and State affairs. The State of Emergency shall not entail the dissolution of the Parliament. The State of Emergency shall be terminated according to the same procedure followed in the proclamation thereof.

CHAPTER THREE ORGANISATION OF PARLIAMENT Article 36: The Parliament shall be made up of two Houses, the House of Representatives and the House of Counsellors. Members of the Houses shall hold their mandate from the Nation. Their right to vote shall be personal and cannot be delegated. Article 37: Members of the House of Representatives shall be elected for a six- year term by direct universal suffrage. The legal legislative period shall end at the opening of the October session in the fifth year following the election of the House. The number of representatives as well as the voting system, eligibility requirements, incompatibility cases, legal contentions concerning elections shall be set out in an organic law. The President shall be elected first at the beginning of the legislative period, then at the April session in the third year of the said period and for the remaining portion thereof. Members of the Board shall be elected for one year; their number shall be in propotion to their respective groups. Article 38: For 3/5 of its membership, the House of Counsellors shall consist of members elected in each region by electoral colleges made up of elected members of trade chambers as well as members elected at the national level by an electoral college consisting of wage-earners' representatives. Members of the House of Counsellors shall be elected for a nine-year term. One third of the House shall be renewed every three years. In the first and second renewal operations, seats shall be drawn by lot. The number of counsellors as well as the voting system, the number of members to be elected by each electoral college, the distibution of seats according to regions, eligibility requirements, incompatibility cases, balotting procedures mentionned above and legal contentions concerning elections shall be set out in an organic law. The President of the House

Article 42: Cabinet members may attend the meetings of each House and those of the committees thereof. Their mission shall end with the submission of their reports. the President and the members of the Board shall be elected at the beginning of the session which follows the election. and as long as these are being conducted. the statute of magistrates. POWERS OF PARLIAMENT Article 45: Legislation shall be voted on by Parliament. or by a third of its members. Once the agenda fully addressed . The second session shall begin on the second Friday in April. These shall not. Decrees shall become effective immediately after the publication thereof. however. put into custody or brought to trial as a result of expressing opinions or casting a vote while exercising office functions. without permission from the House except flagrante delicto. for ratification. The mission of any fact-finding committee which may be established shall end with the opening of the judicial investigation pertaining to the instances bringing about the establishment thereof. except flagrante delicto. the Government may be empowered by law to take. Article 47: Matters outside the purview of legislature shall come under statutory jurisdiction. they shall be submitted. the penal and civil procedure and the promulgation of new categories of jurisdiction. g. When the Parliament convenes for at least three months during one session. Special sessions of the Parliament shall be held on the basis of a defined agenda. measures normally falling within the purview of the law. besides those mentioned in the preceding paragraph. the electoral system of local assemblies and councils. except flagrante delicto or in the case of authorised prosecution or final judgment. the regulation of civil and commercial liabilities. parliamentary fact-finding committees may be established on the King's initiative or upon the request of the majority of the members of one of the two Houses and within each House. The imprisonement or prosecution of a member of Parliament shall be suspended if so required by the House. These expenditures shall automatically be extended . determining offences and the appropriate penalties. Article 40: The Parliament shall hold its meetings during two sessions a year. Article 39: No member of Parliament shall be prosecuted. Article 50: The appropriation law shall be voted on by the Parliament under conditions prescribed by an organic law. The Parliament shall be empowered to vote on basic laws pertaining to the fundamental objectives of the activities of the State in economic. There shall be no fact-finding committees in cases involving prosecutions. f. b. Article 44: Each House shall establish and vote on its own Rules of Procedure. the session may be adjourned by decree. however. Article 41: The Parliament may be convened in special session either at the request of the absolute majority of the members of one of the two Houses or by decree. Proceedings of the debates shall be published in extenso in the Gazette. they shall. h. the Legislative Power shall have competence in the following areas: a. During parliamentary sessions. The functioning of these committees shall be governed by an organic law. This duration may be extended by law only. the nationalisation of enterprises or the transfer thereof from the public to the private sector. social and cultural areas. no member of Parliament shall be subject to prosecution or arrest for criminal charges or felonies. arrested. Capital expenditures resulting from developement plans shall be voted on only at the time the Parliament approves such plans.Page 117 of 203 of Counsellors and members of the Board shall be elected at the October session during each renewal operation in the House. i. to the Parliament within the time limits set by the empowering law. Should either House be dissolved. no member of Parliament shall be subject to arrest without permission from the Board of the House. and for a defined purpose. Members of the Board shall be elected in proportion to the size of their respective groups. Article 43: Meetings of the Houses of Parliament shall be open to the public. For a limited period of time. with the consent of the Constitutional Council and when they fall within the jurisdiction of the authority holding statutory power. e.they shall seek renewal of their term of office at the beginning of the October session during each renewal operation in the House. Outside parliamentary sessions. except when the opinions expressed may be injurious to the monarchical system and the religion of Islam or derogatory to the respect owed the king. Upon the setting up of the first House of Counsellors or upon its election following the dissolution of the preceding House. such a law shall become void. the general statute of public offices. d. the fundamental guarantees granted civil and military personnel. the individual and collective rights enumerated in Chapter One of the present Constitution. Article 49: A state of martial law may be declared by Royal Decree for a period of thirty days. Article 46: In addition to jurisdiction matters explicitly assigned in other articles of the Constitution. The King shall preside over the opening of the first session which shall begin on the second Friday in October. Fact-finding committees shall by nature be temporary. Apart from the standing committees referred to in the preceding paragraph. c. go into effect until they are declared by the Constitutional Council as consistent with the provisions of this Constitution. by decree. Article 48: Legislated bills may be amended by decree. have the right to commission their own assistants. the establishment of new public agencies. Each House may hold private meetings if so requested by the Prime Minister. in this respect. the session shall be adjourned by decree. or in the case of authorised prosecution or final judgement. with the mission of inquiring about specific facts and submitting findings thereon to that House.

One meeting per week shall. to the discussion of draft bills it introduces and proposed laws accepted by it. shall have the right to propose amendments. the Government may. Organic laws shall not be promulgated until the constitutional Council issues a decision on their conformity with the Constitution. THE EXERCISE OF LEGISLATIVE POWER Article 52: The right to introduce laws shall equally be granted the Prime Minister and Members of Parliament. to the acting committee concerned. No amendment shall be considered except with the approval of the Government. in agreement with the committees concerned. The Government alone shall have the prerogative to submit draft bills aimed at modifying programms thus adopted. Provisions adopted by the House of Representatives in compliance with article 75 . however. If a draft bill or a proposed bill cannot be adopted after two readings in each House. the Prime Minister shall appear before each one of the two Houses. Article 58: Any draft bill or proposed bill shall be considered successively by the two Houses of Parliament. the Government shall. Such a programme shall clearly outline the policy to be adopted by the Government in various areas of national activity. if necessary. by the end of the fiscal year . In such a case. After the opening of the debates. in the light of amendments reached during parliamentary debates and taken up by the Government. A house in which a bill already adopted by the other House is tabled. beforehand. they shall be collected at the proposed new rate. social. the Government may object to the examination of any amendment not submitted. The draft bill shall be tabled in one of the two Houses. cultural and foreign affairs. for ratification. After the appointment of the Cabinet members by the King. namely in economic. Article 53: The Government may declare the unsuitability of any proposal or amendment considered outside the purview of the legislative power. as well as the Government. In case such a decision is not reached. The House in which the draft bill is tabled first shall examine the text of the draft bill presented by the Government or the text of the proposed bill on the agenda. Article 54: Draft bills and proposals shall be examined by the acting committees whose work shall continue during the interval between the sessions. The House of Representatives shall proclaim final adoption of the bill only with the absolute majority of its members. The agreement mentioned in the first paragraph of the present article shall be considered as refused if the joint committee with equal representation has not reached a decision within the time limits mentioned above or if the decision proposed by the said committee is not endorsed by the relevant committees within a period of four days. If requested by the Government. CHAPTER FOUR THE GOVERNMENT Article 59: The Government shall be composed of the Prime Minister and Ministers. In case of disagreement. revenues shall be collected in accordance with the legislative and statutory prescriptions in force. with a view to adopting an identical text. it . shall deliberate on the draft referred to it. in both Houses. except.paragraph 2. the Government may submit to the House of Representatives the draft bill or the proposed bill as modified. If the joint committee has not managed to adopt a joint bill or if the bill has not been adopted or if the bill has not been adopted by the two Houses. Organic laws shall be adopted and amended under the same conditions. shall be considered as endorsed by the absolute majority of the House. At the House of Representatives. the budget is not voted on or is not promulgated as a result of its submission to the Constitutional Council in accordance with Article 81. the House in which the text under discussion was tabled shall take action by single vote on the whole or part of the bill under discussion. the Constitutional Council shall take action within a period of eight days upon request of one of the two Houses or the Government. adopt ordinances which shall be submitted. be reserved in each House for the questions of the members of the House and the Government's responses. Only amendments proposed or accepted by the Government shall be considered. to submit the programme to be carried out. by priority. Article 51: Proposals and amendments introduced by Members of Parliament shall not be acceptable when the adoption thereof might affect the proposed appropriation law by causing a decrease in public resources. It shall be considered successively by the relevant committees in both Houses in order to reach a joined decision within a period of six days. The Government shall give a reply within twenty days after their receipt of the question. during the following regular session of Parliament. an increase in a public expenditure or the creation of a new one.Page 118 of 203 throughout the period of the plan. Organic laws pertaining to the House of Counsellors shall be put to the vote under the same conditions in both Houses. However the draft bill or the proposed bill for an organic law shall not be submitted for discussion or voting at the First House in which it is to be tabled until the end of a ten -day period following its registration. in the order defined by the Government. Article 60: The Government shall be answerable to the King and the Parliament. The text drafted by the joint committee may be submitted by the Government to the Houses for adoption. If. Article 55: During the recess periods. This programme shall come under discussion in each one of the two Houses. be entitled to allocate funds necessary for the operation of the public services and the exercise of the functions thereof. As for those to be cut down under the same law. Article 56: The Board of each House shall prepare the agenda of the House. steps shall be taken at the request of the Government to set up a joint committee with equal representation. or if the Government proclaims that the matter is urgent after only one reading in each House. Draft bills shall be laid on the table of one of the two Houses. Priority shall be given. those revenues to be cancelled under the proposed appropriation law. Article 57: Members of each House. it shall have three days to work out a joint decision for submission to the relevant committees. the Government may call a meeting of the joint committee with equal representati on which shall propose a draft on the remaining provisions under discussion. by decree and in accordance with the budgetary proposals submitted for approval.

the one succeeding it shall not be dissolved until a year after its election. the Government shall ensure the execution of the laws. Such a new reading shall not be refused. The vote for censure shall entail the resignation of the Government in a body. d. submit any draft bill or proposed law to referendum. It shall be voted by the absolute majority of the members of the House. Article 65: The Prime Minister shall be responsible for the coordination of ministerial activities. Voting shall take place three days after the motion has been introduced. The government's statement shall be followed by a debate without a vote. Voting shall take place three clear days only after the motion has been introduced. Article 74: The declaration of war shall be announced after notifying the House of' Representatives and the House of Counsellors. Article 73: When a House is dissolved. b. draft bills. decrees mentioned in Articles 40. Article 68: A second reading shall be requested in a message. Article 66: The Cabinet shall be notified of the following. CHAPTER FIVE THE BRANCHES: RELATIONS BETWEEN THE KING AND PARLIAMENT Article 67: The King may request a second reading by the two Houses of any draft bill or proposed law. three months after such a dissolution. projects for revising this Constitution Article 71: After consulting with the Presidents of the two Houses. in one of the two Houses before it is debated in a Cabinet meeting. by his Department. The vote for censure shall entail the joint resignation of the Government. in the meantime. Article 63: The Prime Minister shall exercise the administrative powers. at the latest. 41. The King shall. Article 77: The House of Counsellors may vote warning or censure motions against the Government. The vote shall be held three clear days after the matter of the vote of confidence has been raised. Withdrawal of confidence shall entail the resignation of the Government in a body. exercise the powers lying with the Parliament in terms of law making. The censure motion shall not be introduced unless it is signed by at least one third of the members of the House of Counsellors. Article 72: The election of the new Parliament or the new House shall take place. the King may decree the dissolution of the two Houses or of one of them only. Article 62: The Prime Minister shall have the right to introduce bills. by Royal Decree. requesting confidence from the House of representatives to allow the Government to carry out their responsabilities further. the Government's position concerning the reasons which prompted the warning. f. present before the House of Counsellors. in addition to those conferred upon him by this Constitution. Decrees endorsed by the Prime Minister shall be countersigned by the Ministers responsible for the implementation thereof. Should the Government be censured by the House of Counsellors. Confidence shall be withdrawn and a bill rejected only by an absolute majority vote of the Members of the House of Representatives. The text of the warning shall be sent forthwith by the President of the House of Counsellors to the Prime Minister who shall. h.and the Chairman of the Constitutional Council and addressing the Nation. before they are brought to one of the two Houses. statutory decrees. Should the Government be censured by the House of Representatives. All public facilities shall be placed at the Government's disposal. . Article 61: Under the Prime Minister's responsibility. The warning motion must be signed by at least one third of the members of the House of Counsellors. Article 70: The results of the referendum shall be binding upon all. No draft bill shall be tabled. no other censure e. Article 69: After a second reading. within six days.Page 119 of 203 shall be put to the vote in accordance with the provisions stipulated in paragraphs 2 and 3 of Article 75. matters related to general policies of the State. RELATIONS BETWEEN PARLIAMENT AND THE GOVERNMENT Article 75: The Prime Minister may engage the responsibility of the Government before the House of Representatives through a vote of confidence regarding a statement on a general policy or a proposal requesting the approval thereof. Article 64: The Prime Minister may delegate some of his powers to the Ministers. the King may. Article 76: The House of Representative may put into question the pursuance of the Government's responsibilities by adopting a censure motion. and with the implications accounted for in the last paragraph of the same Article. i. draft plan. declaration of martial law declaration of war. g. no other censure motion shall be acceptable before a year has elapsed. Such a motion shall be acceptable only if signed by at least one -fourth of the members of the House. 45 and 55 of this Constitution. except in the case of those submitted for a new reading which shall have been adopted or rejected by a two-thirds majority of the members of each one of the two Houses. before any relevant decision is taken: a. Voting shall take place three clear days after the motion has been introduced. c. It shall be approved only after a vote by a 2/3 majority of the members of the House. The censure motion shall be approved by the House of Representatives only by an absolute majority vote of its members.

the deadline may be reduced to eight days if so requested by the Government. No unconstitutional provision shall be promulgated or implemented. Article 91: The High Court of Justice shall consist of equal numbers of members elected from the House of Representatives and the House of Counsellors. They shall. be referred to the Constitutional Council by the King.and the Rules of Procedure of each House before implementation . Article 89: They may be indicted by the two Houses of Parliament: and referred to the High Court of Justice for trial. Article 92: An organic law shall determine the number of the High Court members. f. Upon consultation with parliamentary groups. The Constitutional Council shall have one month to decide upon the special instances stated in the preceding two paragraphs. It shall be examined successively by the two Houses and shall be approved only when an identical vote is cast by each House by secret ballot and a two. Article 94: The Economic and Social Council may be consulted by the Government. the First President of the Supreme Court. furthermore. the President of the House of Representatives. the conditions of the first two renewals for a three-year term. this organic law shall determine the functions which may not be compatible with that of Council member. the Minister of Justice as Vice-President. Article 81: The Constitutional Council shall perform the functions assigned by the articles of the Constitution or the provisions of the organic laws. be put into question. However. A third of each category of members shall be renewed every three years. laws may. d. c.third majority of its members with the exception of those members called upon to take part in conducting the prosecution and the investigation process and issuing the verdict. e.before promulgation . administrative and judicial sectors. referring law to the Constitutional Council shall entail the suspension of the deadline of the promulgation thereof. Before promulgation. Article 87: The Supreme Council of Magistracy shall ensure the implementation of the guarantees granted magistrates regarding their promotion and discipline. in no way. Article 80: An organic law shall govern the organisation and work of the Constitutional Council as well as the procedure it shall adopt. either as a result of resignation or death during their term of office. It shall further consist of: a. Likewise. Article 84: Upon recommendations made by the Supreme Council of Magistracy. the Prime Minister. Its President shall be appointed by Royal Decree. Regarding the above mentioned instances. be binding upon all public authorities. as well as the House of . half of them by the President of the House of Representatives and the other half by the President of the House of Counsellors. CHAPTER SIX THE CONSTITUTIONAL COUNCIL Article 78: A Constitutional Council shall be established. six other members shall be appointed for the same period. the President of the House of Counsellors or one-fourth of the members making up one House or the other. The Chairman and the members of the Counstitutional Council shall serve for a non renewable term of office. THE ECONOMIC AND SOCIAL COUNCIL Article 93: An Economic and Social Council shall be established. Organic laws . CHAPTER EIGHT THE HIGH COURT OF JUSTICE Article 88: Members of the Government shall be penally responsible for crimes and felonies they may commit while exercising their functions. Decisions of the Constitutional Council shall. particularly with respect to deadlines set for referred disputes. four representatives elected among magistrates of first degree courts.Page 120 of 203 motion shall be introduced in the House of Counsellors before a year has elapsed. for the same reason. as well as the procedure for replacing inactive members. It shall furthermore decide on the validity of the election of the Members of Parliament and that of referendum operations. the method of their election and the Rules of Procedure to be adopted. Article 90: The proposed draft for indictment must be signed by at least a quarter of the members of the House in which it was tabled first. two representatives elected among magistrates of the Court of Appeal. Article 86: The Supreme Council of Magistracy shall be presided over by the King. b. Magistrates shall be appointed by Royal Decrees. CHAPTER NINE CHAPTER SEVEN THE JUDICIARY Article 82: The Judiciary shall be independent of the legislative and executive branches.shall be submitted to the Constitutional Council to look into their consistence with the Constitution. Article 83: Sentences shall be passed and executed in the King's name. the President of the First Chamber the Supreme Court. Article 85: Magistrates in the bench shall be irremovable. The chairman of the Constitutional Council shall be selected by the king among the members appointed by him. the Prosecutor General in the Supreme Court. in case of emergency. Article 79: The Constitutional Council shall be made up of six members appointed by the King for a nine -year period.

CHAPTER ELEVEN LOCAL GOVERNMENT Article 100: The local government of the Kingdom shall consist of Regions. It shall ensure the sound conduct of receipt and expenditure operations and evaluate the management of agencies placed under its control by law. without prejudice to the implementation of the provisions of article 27. Article 102: In the provinces. It shall report to the king on all its activities. CHAPTER THIRTEEN SPECIAL PROVISIONS Article 107: Pending the election of the Houses of Parliament provided for in the present Constitution. the House of Representatives and the House of Counsellors: shall have the right to initiate a revision of the Constitution. the revision project he may initiate. the current Constitutional Council shall continue to discharge the duties conferred upon it by the Constitution and the organic laws. directly for referundum. Article 98: Regional Audit Court shall be responsible for checking the accounts and assessing the management of local governments and their groups. The King shall have the right to submit. prefectures. . Article 97: The Audit Courts shall provide assistance to Parliament and the government in its fields of competence as defined by the law.Page 121 of 203 Representatives and the House of Counsellors on all matters of economic or social nature. when necessary. Governors shall carry out decisions by provincial. to the end. the current House of Representatives shall continue to discharge its duties. Article 105: Revision projects and proposals shall be submitted to the nation for referendum by Royal Decree. against violation of the rules governing such operations. namely by passing the laws required for the setting up of the new Houses of Parliament. It shall give its opinion on the general guidelines pertaining to the national economy and training programmes. Article 95: The constitution. Article 106: Neither the State system of monarchy nor the prescriptions related to the religion of Islam may be subject to a constitutional revision. No other form of local government may be established except by law. CHAPTER TEN THE AUDIT COURT Article 96: The Audit Court shall be responsible for conducting overall supervision of the implementation of the budget. Article 104: A proposal for revision submitted by one or more members of one of the two Houses shall be adopted only if voted on by a two-thirds majority of the members of the House concerned. A revision of the Constitution shall be definitive after approval by referendum. CHAPTER TWELVE REVISING THE CONSTITUTION: Article 103: The king. for the management of local departments of Government agencies. They shall be responsible for the implementation of Government decisions and. Article 108: Pending the setting up of the Constitutional Council whose membership shall be composed in accordance with the provisions of the present Constitution. The proposal shall be submitted to the other House which may adopt it by a two -thirds majority of its members. organisation and rules of procedure of the Audit Court and regional Audit Courts shall be determined by law. prefectures and regions. provinces and communes. prerogatives and rules of procedure of the Economic and Social Council shall be determined by an organic law. prefectoral and regional assemblies in accordance with the conditions set by the law. Article 99: The terms of reference. It shall also take action. governors shall represent the State and see to it that the law is enforced. organisation. Article 101: Local assemblies shall be elected to be responsible for the conduct of their affairs on the basis of democratic principles and in accordance with provisions defined by law.

during the transitional period. No person shall be subjected to torture or to cruel. Article 15 The freedom of formation of political parties is guaranteed provided that their aims and activities do not conflict with the basic principles prescribed in this Basic Law and that they conduct their activities in a peaceful manner. no person shall be subjected without his free consent to medical or scientific experimentation. * This is the fourth draft which is still under discussion in Palestinian circles. Draft Basic Law For the National Authority in the Transitional Period. PNC Legal Committee: 11 December 1995.Page 122 of 203 Palestine 1995 Draft Basic Law Fourth Draft Basic Law For the National Authority in the Transitional Period. Palestinian authorities shall adhere to the said international agreements. During the transitional period the Palestinian Authorities may set up the Government Headquarters in any other place in Palestine. through the legislative. the middle white and the lower green. In particular. Article 10 Women and men shall have equal fundamental rights and freedoms without any discrimination. Article 13 Every person has the right to liberty and security of person. Article 7 (1) This Basic Law shall be the Supreme Law of Palestine in the Transitional Period and any other law which is inconsistent with any of its provisions shall be null and void. The law shall set out the rules governing the formation of political parties. the upper black. the International Convention on the Elimination of All Forms of Racial Discrimination the Convention against Torture and other Cruel Inhuman or Degrading Treatment and Punished and other Conventions and Covenants which secure such rights and freedoms. the protection of national security or of public order or of public health or morals. (2) Subject to Article 120. the International Covenant on Civil and Political Rights. Jerusalem Media and Communication Centre.org/politics/pna/basic2. executive and judicial authorities in the manner provided for in this Basic Law. and shall be exploited and disposed of in the interests of the Palestinian people according to law. inhuman or degrading treatment. accessed 13 December 2007. Dr Anis Al-Qasem. Article 6 Sovereignty over the national resources in Palestine is vested in the Palestinian people.jmcc. Article 11 All persons are equal in human dignity. conscience and expression and publication of his opinion either orally. http://www. . divided horizontally into three equal parallel parts. Article 9 Every person has the right to life. Article 3 The Arabic language shall be the official language of Palestine. Chair. PNC Legal Committee 11 December 1995 Chapter One – General provisions Article 1 The Palestinian people are the source of all authority which shall be exercised. with consideration by the majority for the rights and interests of the minority and respect by the minority of the decisions of the majority. Chapter Two I Fundamental rights and freedoms Article 8 Palestine recognises and respects the fundamental human rights and freedoms prescribed in the Universal Declaration of Human Rights. inhuman or degrading treatment or punishment. Article 12 Every person shall have the right to participate in public life and to nominate himself to public office in accordance with the law. No effect shall be given to any statement or confession obtained as a result or under the threat of torture. in writing or in the form of art or through any other form of expression. It has not yet been determined. No person shall be subjected to arbitrary arrest or detention. Article 2 The government of Palestine shall be based on parliamentary democracy and pluralism. this Basic Law may not be amended except by a two thirds majority of the elected Council. subject to observance of restrictions imposed by law for the respect of the rights or reputations of others. No person shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law. respectively. Article 14 Every person shall have right to freedom of thought. Article 4 The flag of Palestine shall be of the following colors and dimensions: Its length twice its width.htm. the International Covenant on Economic. Social and Cultural Rights. thereon placed from the base a red triangle whose base and height equal the breadth and half the length of the flag. Article 5 Jerusalem shall be the capital of Palestine. cruel.

the injured and the handicapped have the right to care and rehabilitation. save for conscientious objectors. deprived of his nationality. Article 20 Freedom of economic activity is guaranteed. Censorship of the press is prohibited. the protection of public health or morals or the protection of the rights and freedoms of others. The Palestinian authorities shall endeavor to provide equal opportunities to citizens to enable them to exercise this right under laws which provide for social justice. the family. Article 24 Work is a right. Palestinian authorities shall provide conditions for tolerant co-existence between religions in Jerusalem and the rest of Palestine. or to unlawful attacks on his honor or reputation. The Palestinian authorities shall endeavor to provide education at all stages. Article 29 The surrender of persons granted political asylum by the Palestinian authorities in accordance with international law is prohibited. prevented or prohibited from returning to or leaving Palestine or surrendered to any foreign authority except in accordance with extradition agreements. Private property may not be expropriated except for public interest in consideration of fair compensation and in accordance with the procedure laid down in the law. the young and the youth have the right to protection and to the availability of proper opportunities for the development of their talents. Article 18 Security of the home is guaranteed. and no newspaper shall be subject to warning. home or correspondence. provided they observe the general conditions laid down in the law. the freedom of the press. Such protection is a duty on society to be discharged by the Palestinian authorities within the limits stipulated by law. Article 26 The right to peaceful assembly is recognised. (3) The education authorities shall supervise all education. public order. subject to non-violation of public order or morality. it may not be entered or inspected except in pursuance of a reasoned judicial order and in accordance with the law. The law shall set out the rules and extent of supervision in pursuance of the requirements of public interest. Article 25 (1) Every person has the right to education which shall be free and compulsory until the secondary stage in public institutions. family. publication and media is guaranteed. Article 30 Every person has the right to address the public authorities on personal matters of concern to him or on public matters. including the right to form and join trade unions for the protection of their rights. Article 28 No Palestinian may be deported. duty and honor. (2) Minorities. (3) Any work or service which forms part of normal civil obligations. This Article shall not prevent the imposition of lawful restrictions on members of the security forces and the police in their exercise of this right. (2) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community. Article 32 Freedom of belief and worship and exercise of religious functions are guaranteed. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety. Article 19 Every person is entitled to own private property. and others who meet the conditions prescribed by law shall have the right to establish private schools and educational institutions. The law shall provide protection against such interference or attacks. Universities and centres of scientific research shall enjoy respect and autonomy in the manner provided in the law. Article 31 Jerusalem is a city holy to the three divine religions. public order. Article 22 Motherhood. In compliance by Palestine with its spiritual heritage. . which shall be provided by the Palestinian authorities. Article 23 The law shall set out the rules pertaining to social security. (2) No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety. Article 21 The families of martyrs. childhood. No one shall be required to perform forced or compulsory labour except in the following circumstances: (1) Any service of a military character or any national service required by law. suspension or termination through governmental or administrative action. interference in which shall be prohibited except in accordance with the law and for the public interest. printing. Article 17 No person shall be subject to arbitrary or unlawful interference with his privacy. the protection of public health or morals or the protection of the rights and freedoms of others.Page 123 of 203 Article 16 Subject to the provisions of Article 14 of this Basic Law. Article 27 (1) The right to freedom of association with others is recognised to all persons. religious or otherwise.

provision is made by law for the imposition of the lighter penalty. If. Article 42 Except in cases of flagrante delicto. under national or international law. and are entitled to the equal protection of the law without discrimination on any ground such as race. Article 37 All Palestinian authorities and organs as well as all individuals and persons in Palestine shall be subject to the law and shall be accountable for its violation. its immunity. and shall. It shall be a criminal offence subject to prosecution and punishment in the manner provided in the law for any public official required by law to execute decisions of the courts to refuse or suspend such execution. criminal actions shall only be instituted by order of a judicial body. language. Article 40 Everyone charged with a criminal offence shall be presumed innocent until proved guilty in a lawful trial in which he has been afforded guarantees to defend himself.Page 124 of 203 Article 33 Freedom of access and visit to holy places and religious buildings and sites are guaranteed for all. The exercise of the foregoing. (2) Collective punishment is prohibited. order and morality. no person may be arrested. colour. No detention or imprisonment is permitted except in places which are subject to laws regulating prisons. In this event. have been violated shall have the right to challenge the violation before courts of law and to demand compensation. He shall be given adequate time and facilities for the preparation of his defence and to communicate with a lawyer of his own choosing. Chapter Three – The rule of law Article 36 The rule of law is the basis of government in Palestine. religion. The independence of the judiciary. except by order given by a competent court or the prosecution service in accordance with the law and only where such is required for the needs of the investigations and security of society. where appropriate. the offender shall benefit thereby. He shall be tried without undue delay in his presence in a manner which guarantees defence through a lawyer of his own choosing. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the applicable law and penal procedure. freedoms shall be subject to the requirements of public security. The life of the Council shall be until the end of the transitional period. sex. Article 46 Judgements shall be given and executed in the name of the people. Article 38 All persons shall be equal before the courts and the law. without discrimination. citizens and noncitizens. Nor shall a heavier penalty be imposed than tone that was applicable at the time when the criminal offence was committed. respect for and execution of its decisions are basic guarantees for the protection of rights and freedoms and the establishment of the rule of law. Article 41 (1) Punishment is personal. subsequent to the commission of the offence. at the time when it was committed. the person in whose favor judgement has been given shall have the direct right to bring a criminal action before the competent court. Chapter Four – Legislative Authority Article 47 The elected Council (the Council) shall exercise legislative authority during the transitional period. Freedom of worship for the followers of such places is also guaranteed. national or social origin. be informed in detail and in a language which he understands of the nature and cause of the charge against him. to the Audit Office and to the Courts under this Basic Law or any other law. to the Attorney General. . detained or have his liberty restricted in any manner or prevented from free movement. Article 39 The right of recourse to the courts is guaranteed for everyone and no administrative act or decision may exclude its review by the courts. functions and powers shall be defined by law and shall be without prejudice to any powers given to individuals. birth or other status. Article 44 All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. as provided in this Chapter and Chapter Three. Article 35 An independent Commission for Human Rights with juridical personality shall be established by law to monitor and ensure the observance of human rights and freedoms in Palestine. The law shall determine the period of detention on remand. Article 43 Except where otherwise is provided by law. and no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence. searched. Article 45 Every person who has been arrested or detained shall be informed promptly on his arrest of the cause thereof. Its formation. without delay. Every person charged with a serious criminal offence shall have a lawyer to defend him. political or other opinion. II Protection of fundamental rights and freedoms Article 34 Every person whose fundamental rights or freedoms.

whether the meeting is public or in meetings closed to the public. the Speaker‘s permission. Article 57 Members of the Council shall enjoy legal immunity during the life of the Council and save for arrestable crimes discoverd during their commission. Deputy Speaker who Rapporteur must not be Members of the Executive or Ministers. Article 63 The Council may establish temporary Committees from amongst its Members to investigate any matter within its jurisdiction. but on the following day if the 1st falls on a national holiday. The Council shall not discuss or debate any matter not specified in the Agenda to the extraordinary session. Article 51 At is inaugural meeting. Article 59 Members of the Council may propose the enactment of laws and may question the Government generally or individual Ministers according to the rules of Procedure of the Council. resignation or otherwise. a Speaker. (2) The law shall determine what type of work. (2) The Council may prolong its session if its business is not concluded. All decisions of the Council shall be taken by a simple majority of the Members present unless otherwise provided for in this Basic Law and in particular Article 7(2). (7) Withdrawal of Confidence in the Government or a Cabinet Minister as provided for in Article 84 of this Basic Law. allowances and expenses of the Members of the Council shall be determined by Law. a Meeting may be closed to the public if the national interest so requires. Article 62 (1) Voting on the Budget shall be Chapter by Chapter. Article 64 The salaries. Article 54 The quorum of all Meetings of the Council shall be 50% of its Members. (4) Approval of a general amnesty or pardon. no criminal proceedings may be instituted against a Member except with the permission of the Council. the Council shall elect from amongst its Members. Article 58 (1) No Member of the Council may exploit his position as a Member of the Council to influence any business or matter. (2) Debating the policy of the Government. The Speaker. The Speaker shall also call for such extraordinary session if he receives such a request from not less than one third of the Members of the Council signed by them and specifying the Agenda. Article 55 All Meetings of the Council shall be public. who shall compose the office of the Speaker. (3) Approval of the Budget and Development Plans. a Deputy Speaker and a Rapporteur. and when the Council is not in session. each to last for no longer than 3 months. Article 50 The President or Speaker may call for the Council to meet in extraordinary session for any period to discuss or debate or decide on matters specified in the Agenda for the extraordinary session. Article 60 The Council shall have the following functions: (1) Approval of Laws. Article 65 A vacancy in the membership of the Council. who shall inform the Council at its next session the action he took. (6) Approval of Appointment of Cabinet Ministers. whether caused by death. . (5) Accepting the resignations of Members of the Council. Article 61 The Annual Budget Plan must be laid before the Council at least two months before the beginning of the financial year and no Budget shall be operative until and unless it is approved by the Council.Page 125 of 203 Article 48 The Council shall be composed of the President and 88 Members elected in general elections in accordance with the Elections Laws. business or affairs a Member of the Council may conduct. Article 56 Members of the Council shall not be held civilly or criminally liable for anything said or opinions expressed by them in the Council or for voting in the Council. Article 49 (1) The Council shall have two ordinary sessions every year. or in Committees of the Council. Article 53 The President shall open each session of the Council and lay down the programme of his Government. save that at the request of the Government or by a decision of the Council. (2) Reallocation of budgetary ammounts as between Chapters is prohibitied except as provided in the law. provided that the Prime Minister may deputise for him. and in any event a session may not end before approval of the budget. Article 52 Every Member of the Council shall take an oath in the terms provided for in Article 69. shall be filled by the holding of a by-election in the District concerned. and shall hold office during the life of the Council. commencing on 1st October and 1st April.

allowances and expenses shall be determined by law. II The council of national authority Article 77 The President shall appoint a Cabinet of Ministers (the Cabinet) consisting of a Prime Minister and Ministers.» Article 70 The term of the Presidency shall be five (5) years and no person may be President for more than two consecutive terms. ARITCLE 76 The President‘s salary. the President shall take the following oath in the presence of the Bureau of the Presidency of the Palestine National Council: «I swear by Almighty God to be faithful to the Nation of Palestine and to its national heritage and to preserve this Basic Law and the law. Article 82 Neither the Prime Minister nor any Ministers may purchase or lease any government property. nor may any one of them have a financial interest in any contract concluded with government bodies. Article 78 (1) The Cabinet shall assist the President in the performance of the executive authority of the government in the manner provided in this Basic Law. Article 81 The Prime Minister and Ministers shall. General pardon shall be prescribed by law. The first term of the first President and any successor in the transitional period shall expire with the expiry of the transitional period.Page 126 of 203 Article 66 The Council shall lay down by-laws or rules for the determination of its procedure and the carrying out of its functions. Article 73 (1)The President shall sign and promulgate the laws within 30 days after their approval by the Council. including Orders and Regulations if authorised to do so by the primary law. as may be determined in the resolution of appointment. (2) The President shall submit the names of the Prime Minister and Ministers to the Council to obtain approval to their appointment. Article 80 (1) The Cabinet shall be composed of a Prime Minister and such other Ministers as the public interest may require. the Speaker of the Council shall assume his powers and duties in a caretaker capacity until a new President takes office. provided their number does not exceed 20% of the total number of Cabinet Ministers. nor may he. Article 79 The Cabinet shall generally be responsible for the government and administration of the affairs of the country. Article 75 The President shall exercise his powers through Orders and Resolutions and Decrees in the manner prescribed by this Basic Law or any other law. and if not signed within the said period. such laws shall be deemed promulgated. I The President Article 68 The President shall be elected in a general election for the Presidency in accordance with the Elections Law and shall by virtue of his election and office be the Head of the Executive Authority. be a member of the board of directors of any company or carry on a trade or practice a profession or receive a salary or any other renumeration from any company or any other source. Article 72 The President is the Commander-in-Chief of the Palestinian forces. Article 69 Before assuming office. . Article 71 If the office of the President becomes vacant or if the President bpermanently incapacitated. He has the power to dismiss them or accept their resignation and has the power to preside over their Meetings. before assuming office. which shall be no more than 60 days from the date of occurrence of the vacancy or the proof of permanent incapacity. Article 74 The President may grant a special pardon and commute sentences. serve the Palestinian People and faithfully carry out the duties entrusted to me according to law. (2) A Minister may hold more than one portfolio. take the oath provided for in Article 69 of this Basic Law in the presence of the President. The resolution of appointment shall designate a Ministry for which the Minister shall be responsible. while being a member of the Cabinet. (3) Every Minister in the Cabinet shall be an elected Member of the Council save that the President may appoint non Members of the elected Council as Ministers. (2) The President has the power to initiate or propose laws to the Council or issue secondary legislation. not even through public auction. Ministers who are non-Council Members may participate in the debates of the Council but may not vote. Chapter Five – Executive Authority Article 67 The Executive Authority during the transitional period shall be exercised by the President and a Cabinet of Ministers in the manner provided for in this Basic Law.

Article 92 The Cabinet. (3) Implement the budgetary provisions pertaining to his Ministry. must present the resignation of the Government or Minister to the President. expeditiousness and propriety in performance shall be observed within the limits of the law and public interest. Article 90 In the provision of administrative services and attending to the rights of individuals. These reports shall be submitted on a regular basis so that the Cabinet would be fully informed of the activities and policies of each Ministry. Article 91 The executive authority shall avail the widest opportunity for the participation of citizens. its policies. V Local Government . (2) Supervise the conduct of affairs in his Ministry and give the necessary instructions in that respect. Article 89 The appointment of officials and their terms of employment shall be in accordance with the laws in force in that respect. through announcing such policies and consultation with the said bodies. IV Public bodies and institutions Article 94 Specialized public bodies and institutions may be established by the President to assist the governmentl in formulating policies within the general fields of activity. political parties. in which case they shall be established by law. (7) Consideration of the proposals and policies of the various Ministries in respect of the performance of their functions. III Security forces and the police Article 93 (1) Security forces and the police are a regular force created for the service of the people. (4) Propose legislation pertaining to his Ministry. trade unions and other organizations in the discussion of policies before their determination. (6) Follow up performance of their duties and powers by the various Ministries and all other units of the administrative organ. (5) Delegate. (5) Follow up on the implementation of laws and ensuring observance thereof. as the case may be. and shall also submit the Ministry‘s proposals and recommendations as to its future policy. 2) Implementation of the general policies laid down by the appropriate Palestinian authorities. (6) Any other powers entrusted to him by laws. (8) Any other powers entrusted to the Cabinet by this Basic Law or any other law.Page 127 of 203 Article 83 The Prime Minister and Cabinet Ministers are jointly responsible to the President and to the Council for the general policy of the country as is within the competence of the Cabinet and each Minister is responsible to the for them actions of his Ministry. plans and achievements compared with the aims set out for the Ministry in the Ministry plan. Such bodies and institutions may be autonomous bodies enjoying juridical personality exercising activities entrusted to them under their terms of reference. (3) Preparation and approval of the annual budget for its presentation to the Council. protection of society and to maintain security and public order. (4) Supervision of the administrative organs. as need be. simplification of procedures. A no-confidence motion in the Cabinet or a particular Minister may also be proposed by at least 10 Members of the Council and may be passed by a simple majority. Article 84 The Prime Minister may propose a vote of confidence in the Cabinet before the Council. Article 86 Without prejudice to the generality of Article 79 of this Basic Law. some of his powers to the UnderSecretary of the Ministry. Article 88 Each Minister shall submit to the Cabinet detailed reports on the activities of his Ministry. It shall perform its duties within the limits provided by law with full respect of rights and freedoms without prejudice or discrimination. the Cabinet or Minister. until such laws are amended or replaced. (2) Security forces and the police shall be regulated by law. regulations and resolutions made in pursuance thereof. Article 85 The powers of the various Ministries shall be determined by regulations made by the Cabinet and endorsed by the President. Article 87 Every Minister shall have the following powers within his Ministry: (1) Propose the general policy of the Ministry and supervise its implementation after its approval. as the case may be. heads of divisions or senior officials of the Ministry. its Prime Minister and Ministers shall exercise the powers and duties provided for their predecessors in legislation in force on the coming into force of this Basic Law. the Cabinet shall have the following powers: (1) To lay down the general policy within the powers entrusted to the Cabinet in the light of submissions by Ministers. All persons must cooperate with and assist the police in the performance of their duties. in which case.

by law. Article 103 The beginning of the financial year shall be determined by law. Article 111 A High Judiciary Council shall be established by law with the Chief Justice as Chairman. and no total or partial exemption may apply except in the circumstances provided for in the law. The law shall determine the competence of such administrative units. If the budget law is not passed before the commencement of the new financial year. their financial resources. . No part of the funds of the general budget may be allocated or spent for any purpose whatsoever except in accordance with the law. experience and ability to perform in accordance with the nature of the public office and functions and aims of the body or institution. VI General Provisions Article 96 No administrative unit or any official thereof may sign or undertake a financial obligation except within the allocations provided for in law. shall be subject only to the law. amended or repealed except by law. The Audit Office shall submit to the President and to the Council an annual report regarding its activities. be divided into administrative units and municipalities enjoying juridical personality. Article 105 An Audit Office shall be established and its autonomy shall be guaranteed by law. Each unit shall have a popular council directly elected in the manner provided in the law. Article 97 No administrative unit or any official thereof may take decisions or issue instructions or regulation in contravention of laws in force. Article 110 There shall be a Chief Justice. instructions or regulations made in contravention of the said laws. The Office shall assist the administrative organ in supervising the collection of public revenue and spending therefrom within the limits set out by the budget. Article 104 All that is received in taxes and other revenue must be paid to the public treasury and included in the budget. Article 107 Banks shall be regulated by law. on the basis of number of inhabitants and their concentration. Article 106 Public loans shall be confirmed by law. as far as possible.Page 128 of 203 Article 95 For purposes of local government the country shall. including the public prosecution. VII Finance Article 100 General taxes and duties may not be imposed. their role in the preparation and implementatof the development plans and supervision of the various fields of activity. Chapter Six – The Judicial Authortiy I The Judiciary Article 108 The judicial authority shall be an independent authority to be exercised by the Supreme Court and other Courts in accordance with this Basic Law and any other law. spending shall continue on the basis of monthly allocations of one twelfth of the previous budget for each month. No other authority may interfere in individual cases or in the administration of justice. Article 101 The law shall set out the rules pertaining to the preparation of the general budget and for the disposition of funds allocated therein. The law shall provide for the immunity of the head of the Audit Office and shall give him the powers necessary for him to carry out his duties in the best possible manner. in their judicial function. shall be the Head of the Judicial Authority and President of the Supreme Court. in that capacity. The law shall establish the composition and powers of this Council as well as its rules of procedure. Article 102 The law shall set out the rules governing the collection of public funds and the procedure for spending therefrom. observations showing financial violations. and no effect shall be given to any disposition in contravention of this provision. carry out the duties and issue resolutions. and the responsibility arising therefrom. A public loan may be concluded or guaranteed by a law or within the allocations prescribed for that purpose in the budget law. Division shall be. instructions and regulations for that purpose within the mandate prescribed to it by law. relations with the central authority. The opinion of the Council shall be taken in respect of draft legislation pertaining to the organization of the judicial authority. Article 99 Appointment to public offices and specialized bodies and institutions shall be on the basis of competence. Article 109 Judges shall be independent and. if any. Article 98 Each administrative unit shall be entitled to exercise the powers. and no effect shall be given to decisions. The Chief Justice shall be a judge of the Supreme Court appointed by Presidential Decree with the approval of the High Judiciary council except that the first Chief Justice appointed in pursuance of this Article shall not require such approval.

civil and commercial matters in the manner prescribed by law. secondment and promotion of judges and other matters pertaining to the judiciary.Page 129 of 203 Article 112 (1) The law shall provide for the rules governing the appointment. (4) The law shall determine the types of other courts. transfer. Chapter Seven – Concluding and transitory provisons Article 117 This Basic Law shall apply during the transitional period. Article 118 Laws shall be promulgated in the name of the Palestinian people. but shall not affect the powers and duties of the Palestine Liberation Organization and its organs including its powers to represent the Palestinian people in foreign and international relations and relations with foreign governments and international organizations. They shall come into force 30 days from publication unless the law provides otherwise. Article 113 A Supreme Court shall be established by law comprising: (1) A High Constitutional Court which shall have exclusive jurisdiction of judicial review of constitutionality of laws and regulations and construction of legal provisions in the manner prescribed by law. Where required and in non-criminal matters. and such rights and freedoms shall remain governed by the provisions of this Basic Law and the laws enacted in pursuance thereof. and shall be published in the Official Gazette after signature and promulgation by the President. administrative order or action may be excluded from review by the judiciary. (2) The law shall determine the powers. and the law shall regulate their disciplinary accountability. their organization. regulations and decisions in force in the Gaza Strip and the West Bank before the coming into effect of this Basic Law shall remain in force to the extent that they do not conflict with the provisions of this law. . until they are amended. (3) A High Court of Justice which shall have jurisdiction over administrative and other disputes in the manner prescribed by law. laws may provide otherwise. jurisdiction and procedure. Article 121 Laws. (5) No law. repealed or replaced in pursuance of this or any other law. (2) A Court of Cassation in criminal. Article 120 None of the fundamental rights and freedoms enshrined in this Basic Law may be suspended. transfer and dismissal of the AttorneyGeneral and public attorneys in his office shall be in the manner and subject to the conditions prescribed by law. unless the court determines otherwise in the interests of public order or morality. Article 116 (1) The appointment. and in all cases judgements shall be pronounced in open Court. competence and formation of the service. II Attorney-General and public prosecutions Article 115 Public and Government cases shall be conducted by the Attorney-General in the name of the people. (2) Judges shall be irremovable. Article 114 Hearings shall be in public. Article 122 This Basic Law shall be published in the Official Gazette and shall come into force on the date of its promulgation. Article 119 The provisions of laws and legislative shall not apply except to matters occurring as from the date on which they come into force.

the text is here rendered without his comments. without prejudice to the rights of anyone who legally acquired it prior to May 10. without prejudice to the rights guaranteed by the international resolutions related to Palestine. Article (7) The principles of the Islamic shari`a are a main source for legislation. sovereign state with a republican system. in accordance with United Nations General Assembly Resolution 194 of 1948 and the principles of international law. while preserving the unity and independence of the Palestinian people. departments. It does not cease or lapse unless voluntarily relinquished in the manner prescribed by law. There shall be no provision of law which grants immunity to any administrative action or decision from judicial supervision. Article (2) Palestine is part of the Arab homeland. see: http://home.org/domestic/2003/nbrowne. archaeological remains. Article (10) All activities of the Palestinian public authorities shall. and judicial channels. The law shall punish infringement on the dignity of the judiciary. political. Article (14) Natural resources.pcpsr. The state shall be bound to compensate for damages connected to errors and dangers resulting from actions and measures carried out by state officials in the pursuit of their duties. The state of Palestine shall strive to implement the legitimate right of Palestinian refugees to return to their homes and to compensation. be subject to administrative. legal and judicial review and oversight.pdf. Its territory is an indivisible unit within its borders on the eve of June 4. institutions and individuals shall abide by the law. Article (3) Palestine is a peace loving state that condemns terror. motto. These include the right to form political parties and engage in political activity without discrimination on the basis of political opinions. Article (6) The Palestinian flag. It calls for the resolution of international and regional problems by peaceful means. All authorities.Page 130 of 203 Palestine 2003 Draft Permanent constitution Revised third draft. Article (12) Palestinian nationality shall be regulated by law. seals. or religion. 1967 and its territorial waters. This right passes on from fathers or mothers to their offspring. Parties shall abide by the principles of national sovereignty. For more publications by Brown. and national anthem shall be defined by law. Brown on behalf of Palestinian Center for Policy and Survey Research. It abides by the Charter of the United Nations. Translation by Nathan J. Article (5) Arabic is the official language and Islam is the official religion in Palestine. The Palestinian people are part of the Arab and Islamic nations. The constitution guarantees equality in rights and duties to all citizens irrespective of their religious creed. agencies.edu/~nbrown/ 4 May 2003 Chapter One: General Foundations of the State Article (1) Palestine is an independent. Christianity and all other monotheistic religions are accorded sanctity and respect. The acquisition and relinquishment of Palestinian nationality and the rights and duties of those with multiple citizenship shall be regulated by law. political. in normal and exceptional circumstances. Article (8) The Palestinian political system shall be a parliamentary representative democracy. and who were denied return thereto shall have the right to return to the Palestinian state and bear its nationality. It shall be based on political pluralism and the guarantee of the rights and freedoms of all citizens. and historical sites in the state of Palestine are the property of the Palestinian . The followers of the monotheistic religions and shall have their personal status and religious affairs organized according to their shari‗as and religious denominations within the framework of [positive] law. occupation and aggression. emblems. sex. or prevented from returning thereto. through negotiations. For the sake of readability. All residents of this territory shall be subject to Palestinian law exclusively. The state of Palestine abides by the Charter of the League of Arab States. Arab unity is a goal. Article (13) Palestinians who were expelled or emigrated from Palestine as a result of the 1948 war. 1948 or the right of any Palestinian who resided in Palestine prior to this date and fled. The Palestinian people work on behalf of its realization. A Palestinian cannot be deprived of his nationality.gwu. No public or private individual shall be immune from submitting to the law and executing judicial rulings. Brown’s translation is made available with his comments: http://www. democracy and peaceful transfer of authority in accordance with the Constitution. Article (9) Rule of law and justice shall be the basis of governance. Article (4) Jerusalem is the capital of the state of Palestine and seat of its public authorities. Article (11) The independence and immunity of the judiciary are fundamental guarantees of rights and liberties. The right is permanent and cannot expire. was forced to immigrate.

or subject him to harsh. religion. gender. their violation shall be punishable by law. and the protection of free economic activity within the context of legitimate competition. Article (21) Every Palestinian who has reached the age of eighteen years shall have the right to vote in accordance with the provisions stipulated by law. political. The law shall regulate the age and other prerequisites for these posts. except in cases and according to procedures stipulated by law. treat him in an inhumane manner. It is not permitted to subject someone to medical examination. civil. Article (17) The state shall strive to promote social. Chapter Two: Public Rights. Any confession proven to have been obtained under torture or serious threat of it shall not be considered proof of guilt. treatment. The law shall regulate their optimal use. The law shall also protect their rights to shari‗a inheritance. The law shall define the conditions and time period for provisional detention. economic and cultural growth and scientific development of the Palestinian people while giving consideration to social justice and providing special protection to the group of those who suffered during the struggle to realize the Palestinian national project and establish an independent state of Palestine. except in accordance with the law. It is forbidden to torture a human being. detained. economic. The court shall appoint an attorney to defend him without charge if he is unable to afford one. The law shall govern the transplant of organs. or disability. Freedoms and Duties Article (19) All Palestinians are equal before the law. Anyone carrying out torture. consistent with legitimate. balanced environment. Article (20) Human rights and fundamental freedoms are binding and must be respected. The constitutional and shari‗a rights of women shall be safeguarded. Whoever damages it shall be subject to the penalty of law. color. They enjoy civil and political rights and bear public duties without difference or discrimination. new scientific developments. Article (24) Children shall have all the rights guaranteed by the United Nations Convention on the Rights of the Child. the measure must be necessary to safeguard the security of the society. regardless of race. he has the right to seek assistance from an attorney and he must be brought before the competent judicial authority immediately. it may not be violated. Article (26) Every individual has the right to personal safety. The state shall preserve them. Such deeds or contributing to them shall be a crime punishable by law without statute of limitation. or surgery.Page 131 of 203 people. A person may not be deprived of his rights. cells and other. Article (25) The right to life is safeguarded and to be protected by law. The state shall guarantee religious. or limit his freedom in any way except by order of a competent judge or the Attorney General in accordance with the law. Article (18) The state of Palestine shall abide by the Universal Declaration of Human Rights and shall seek to join other international covenants and charters that safeguard human rights. Article (29) The accused is innocent until proven guilty in a fair trial in which he is granted the guarantees of self-defense either personally or by means of an attorney he chooses in a public trial. The term ‗Palestinian‘ or ‗citizen‘ wherever it appears in the constitution refers to male and female. political. From the moment of the measure against him. without prejudice to the principles of a free economy and in accordance with the interest of the Palestinian people. ordering it to be carried out. fundamental. The state may establish public companies to be regulated by law. cultural and economic life. He must be informed quickly in a language he understands of the charge against him. social. political opinion. Anyone who bears Palestinian nationality shall have the right to enter his candidacy for the presidency of the republic or for membership in the Representative Council and/or assume a ministerial or judicial position. Article (16) The economic system in Palestine shall be based on the principles of a free economy. and cultural rights and freedoms to all citizens and their enjoyment on the principle of equality and equal opportunity. It is not permitted to arrest a person or search. harm him. Article (28) Every person has the right to freedom and personal safety. or undignified punishment. or imprisoned without legal basis shall be entitled to compensation. They shall have the same rights. Article (27) Scientific or medical experimentation on a person without his prior legal consent is forbidden. humiliating. The law shall strive to abolish restraints that prevent women from participation in the building of family and society. or participating in it shall be subject to punishment of law. . Preservation of the Palestinian environment shall be the duty of the state and the society. Any person arrested. Article (22) Women shall have their own legal personality and independent financial assets. or legal competence for political reasons. humanitarian purposes. Article (15) The state strives to realize a clean. Article (23) Women shall have the right to contribute effectively in social. imprison. basic freedoms as men as well as the same duties.

and the law shall regulate the oversight of the state over its organization and curricula. No Palestinian may be extradited to a foreign state. in noncriminal cases. including family particularities. The state shall guarantee it in public schools. Article (33) Litigation is a right guaranteed to all by the state. It may not be infringed upon except by judicial order and within the limits of the law. Whoever is harmed as a result has the right to request compensation. The law shall regulate the manner of the state‘s supervision of the performance of education and curricula. Article (38) The founding of newspapers and the ownership of all media is a right for all citizens guaranteed by the constitution. confidentiality of correspondence and other means of private communication. within the bounds of its capabilities. institutions. The sources of their funding shall be subject to legal oversight. and the freedom of those working in the media. Care shall be taken to observe the principle of appropriateness between crime and punishment. Article (41) Every citizen has the right to defend his rights to intellectual property deriving from any scientific. It is compulsory for every citizen until the end of the elementary level. is guaranteed and protected by the constitution and the relevant laws. The state shall. No sentence shall be implemented except by judicial order. The media shall freely exercise their mission and express different opinions within the framework of society‘s basic values. and to receive compensation for a violation thereof. Article (32) A political refugee who legally enjoys the right of asylum may not be extradited. No person may be denied the right to travel from Palestine except by a judicial order issued in accordance with the law. Likewise a Palestinian may not be deported or prevented from returning to his country. The law shall govern the conditions and procedures for compensation. The state shall guarantee to followers of all monotheistic religions the sanctity of their places of religious worship in accordance with the historic commitment of the Palestinian people and the international commitments of the state of Palestine. rehabilitate. audio. Article (44) The state shall honor the independence of the universities. printing. Article (36) Freedom of creed is guaranteed and every person has the right to practice the rites of worship in accordance with the provisions of the constitution and the law. or literary work he has produced in a manner that does not contradict the basic values of the society and the rule of law. freedoms and public duties in a way that does not conflict with the rule of law. and establishments until the end of the secondary level. institutions. and train them. Care shall be taken in the sentencing of minors and in implementing them to do what is appropriate to reform. Punishment shall be personal and an individual may not be punished more than once for the same offence. work to encourage. the retroactive effectiveness of laws. . Article (37) Freedom of opinion and its expression in speech. assist and protect them. Any consequence of the violation of this article is invalid. Article (31) Citizens shall have the right to choose their place of residence and to travel within the state of Palestine. Article (39) Freedom of the media. The law shall regulate oversight over them in such a manner so as to safeguard the freedom of scientific research and innovation in all fields. except by court order in application of the law. Each individual shall have the right to resort to his natural judge to defend his rights and freedoms. residence. In the event of a judicial error. preserving the rights. the state shall be obligated to compensate the damaged party. and other means shall be guaranteed within the limits of the law and insofar as to guarantee respect for the rights and freedoms of others. Article (42) Education is a right for the individual and the society.Page 132 of 203 Article (30) Detainees and those deprived of liberty shall be treated humanely. The law shall regulate the procedures for litigation in a manner that ensures a speedy decision of cases without harming the rights of litigants. The state shall guarantee access to holy places that are subject to its sovereignty within the framework of law. nor to suspension or confiscation. Article (34) There shall be no crime or punishment except by law. Collective punishment is prohibited. writing. The media may not be subject to administrative censorship. and visual media. The law shall regulate the extradition of those ordinary foreigners accused. including press. in accordance with bilateral agreements or international conventions. Article (43) Private education shall be free and independent. Article (35) The private life of every person has legal sanctity. The law shall regulate. preserving their dignity. There can be no punishment except for acts committed after a law has come into effect. Article (40) Journalists and citizens shall have the right to obtain news and information with transparency and responsibility in accordance with the conditions stipulated by law. artistic. and research centers that have a scientific purpose. Care shall be taken in implementing sentences to observe the pronouncements of the United Nations related to the minimal principles for treating prisoners or those being judged.

Specifically. Article (49) Public property shall be honored and its protection is a duty of each citizen. and care for those injured in the national struggle. basic health care for those financially unable. and childhood. and to do so without the presence of the police. which is a charge for those who undertake it to serve the society. Participating in forming syndicates. the private sector. It shall be assumed on the principles of equality. leagues. Article (48) The state shall guarantee care for families. and the banking system. assemblies. to provide work opportunities to those able to undertake it through its development plan. Article (51) Work is a right of every citizen. mother and family in accordance with the provisions of international agreements and the ―Charter of the Rights of the Arab Child. The law shall regulate work relations so as to guarantee justice for all parties and provide for the protection and security of workers. The law shall penalize the arbitrary use of power and authority. The general confiscation of private property is prohibited. The law shall regulate the authority for religious endowments and management of its properties and funds. harsh treatment. within the bounds of its capabilities. It shall care for adolescents and the youth. . or institutions. he has the following rights and freedoms:  Participation in forming political parties. with support from the private sector. Article (55) Every individual has the right to hold private meetings in a matter not conflicting with law.  The law shall regulate the procedures for them to acquire legal personality. clubs. In circumstances of war or natural disaster. or withdrawing from them in accordance with law. health and education. In all cases. Every individual shall have the right to assemble and hold public meetings. It shall guarantee. and in nominating himself or others meeting requirements for nominations. in accordance with the stipulations of the constitution and the provisions of law.Page 133 of 203 Article (45) The law shall regulate the services of social security. Article (54) Every citizen has the right to contribute to political activities. or collective. The state shall guarantee just compensation for those who have been harmed. Article (52) Citizens have the right to assume public office. The state shall guarantee them. The law shall define those rights and freedoms that may be limited temporarily in exceptional circumstances in matters related to public security and the purposes of defense of national security. motherhood. and to demonstrate in a peaceful manner without bearing arms. the services of education. or joining them. and any criminal or civil case arising shall have no statute of limitation. The law shall regulate the rights of the child. orphans. it is necessary that there be just compensation. It shall serve the public interest in accordance with the law. disability and old age pensions. or joining them. It may not be confiscated or seized except for the public benefit in accordance with the provisions of the law. individually. Article (46) The state shall organize health insurance as an individual right and a public interest. and those requiring special care. the state shall seek to provide protection for children from harm. Article (56) Every citizen has the right to address public authorities and to present and sign written petitions and complaints. unions. Article (58) Any violation of the basic general rights and freedoms guaranteed by the constitution or law is a crime. associations. elections. care for families of martyrs. health and social security and shall give them priority in employment opportunities in accordance with the limitations laid down by law.‖ In particular. or withdrawing from them in accordance with law. Article (53) Every citizen has the right to express an opinion in referenda. Article (47) The state shall strive to guarantee appropriate housing for every citizen by way of a housing policy that relies on the cooperation of the state. exploitation. and equal opportunity in accordance with the provisions of law. or the incitement of its use. within the boundaries of its capabilities. The use of violence during demonstrations is forbidden and its use. prisoners. merit. The law shall regulate real estate ownership by foreigners. shall be held to account under the law. Article (57) It is not permitted to suspend any basic rights or freedoms. The law shall regulate mandatory work in exceptional circumstances and during natural disasters. The right to protest and strike shall be exercised with the framework of law. the state shall work within the bounds of its capabilities to provide shelter to the homeless. Workers may form unions and professional associations in the context of work. Article (50) Private property is protected. and from any work that would endanger their safety. and the state shall strive. It is not permitted to place restrictions on their exercise except that which is imposed by law and forms necessary measures in a democratic society safeguarding the rights and freedoms stipulated in the constitution.

Article (64) The relationship among the three public authorities shall be based on independence in performing competencies on the basis of the principle of separation. A member maybe be re-elected more than once. to honor the constitution and the law. and balancing among them. and the prime minister. or possess arms in a manner that is in violation of the provisions of the governing law. to preserve the rights of the people and the nation and its interests. Article (62) The payment of taxes and public fees is a duty regulated by law. Article (61) Defending the nation is sacred duty and serving it is an honor for every citizen. Article (67) Members of the Representative Council are elected for a period of five years. and a secretary-general. It shall be regulated by law. who are the source of the authorities. and the second in the first week of September. each of them four months. and judicial—and by way of their constitutional institutions. responsibilities. and by virtue of a law passed by the Representative Council by a twothirds majority of its total membership. Article (66) The Representative Council shall be composed of 150 deputies. It is not permitted for individuals and groups to acquire. and competencies.‖ Article (70) The Representative Council shall elect in its first meeting of every annual session a speaker. The president of the state may. The meeting shall continue to be legal for the rest of the regular round with the presence of the speaker of the Council or whoever legally acts as his deputy and an absolute majority of the members of the Council. representing the Palestinian people. Article (68) The seat of the Representative Council shall be in Jerusalem. which shall be prepared by the Council of Ministers. They shall be elected according to the provisions of the constitution and election law. executive. Chapter Three: Public Authorities Article (63) National sovereignty belongs to the people. as God is my witness. Article (71) The president of the state shall open the regular round of the Representative Council. The law shall regulate its formation. It shall exercise oversight over the actions of the executive branch in the manner specified by the Constitution. . It shall establish the general policies of the state and the general budget.Page 134 of 203 Article (59) An independent public body for rights of the citizens shall be established by law. Article (60) The state is responsible for the security of persons and property. and in the first session it holds. two deputies for the speaker. No authority may exercise competencies assigned to another authority according to the provisions of the constitution. the president of the state. It shall work to protect the rights of every citizen internally and abroad. It is not permitted for a member of the Presidium of the Council to assume a ministry or any other government position. cooperation. bear. call the Representative Council to an extraordinary meeting in case of necessity when then Representative Council is not in its regularly scheduled sessions. through referenda and general elections. with the agreement of the prime minister or by a request of at least one-third of all the members of the Representative Council. It is not permitted to extend the term of the Representative Council except in case of necessity. Chapter 3 / Section Representative Council Article (65) The Representative Council shall exercise the legislative authority. and to undertake my duties rightfully. They exercise their competencies directly. concerned with monitoring the conditions and rights of citizens and their freedoms. composing the Presidium of the Representative Council. Whoever runs for the Representative Council must be Palestinian and it is not One: Legislative Branch / permitted after his election to hold the citizenship of another state. The first begins in the first week of the month of March. A member of the Representative Council may assume a ministry provided that the total of deputies serving as ministers in the government is no more than half of the total number of ministers. trade. No individual or group may claim for itself the right to exercise any of these competencies. Article (69) Before the Representative Council begins undertaking its constitutional duties. and through their elected representatives by way of the three public authorities—legislative. Nomination for membership in the Chamber of Deputies shall be in accordance with the provisions stated in this constitution and in the election law. Article (72) The Representative Council meets at the invitation of its speaker every year in regular session in two periods. the members swear the following oath: ―I swear by Almighty God to be faithful to the homeland. It shall present its report to the Representative Council. The beginning of the first regular session of the Representative Council shall not be valid except with the presence of its speaker or whoever legally acts as his deputy and a majority of at least two-thirds of the members of the Representative Council. the capital of the state of Palestine. Its sessions may be held in different locations based on the request of the speaker or a majority of its members.

one of the ministers. Article (74) If the seat of one or more members of the Representative Council becomes vacant due to death. decide that the session shall be secret. Article (83) The Representative Council alone shall have the right to maintain order and security inside its building or facilities during its sessions or the meetings of its committees. Each member who does not fulfill the legal conditions for eligibility for election or who loses them faces revocation of his parliamentary membership. except by decision that is approved by a two-thirds majority. Article (75) Sessions of the Representative Council shall be public. Article (80) Laws that are ratified by the Representative Council and approved by the President of the State shall become effective after thirty days from the date of their publication in the Official Gazette. Discussion of the interpellation is not permitted before one week after it is presented unless the person under interpellation agrees to respond or discuss in a shorter period. . the speaker of the Representative Council. The period may be shortened by decision of the Representative Council in case of urgency. in order to organize the procedures for carrying out its legislative and oversight tasks and the procedures for accountability of its members within the bounds of its jurisdiction in a manner that does not conflict with the provisions of the Constitution. Agreements that impose on the state treasury expenses not included in the budget or place on the citizenry or the state obligations contrary to the law in effect require the agreement of a majority of all members of the Representative Council. the prime minister. or whoever falls under their authority for them on any subject entering within their competencies. or five of its members. Article (82) The Representative Council may form special ad hoc committees. Article (76) The Representative Council shall establish by law its Standing Orders. He has the right to resort to obtain the response according to the procedures specified by the Standing Orders of the Representative Council. The circumstances of loss of qualifications or abilities shall be defined by law. and the Constitutional Court shall be entrusted with requesting the Representative Council to issue a resolution to publish the law in the Official Gazette. Article (78) Decisions of the Representative Council. and obtain statements from all related bodies. The committee may collect evidence from whomsoever it feels necessary to hear testimony from. one of the ministers. Article (79) The government shall have the authority to conclude international agreements and treaties that the stat contracts or adheres to. resignation. unless the law specifies another time. or commission one of its standing committees to investigate the facts in any public matter related to activity of any state institution falling under its oversight.Page 135 of 203 Article (73) The Representative Council shall refer challenges to the validity of the membership of any of its member to the Constitutional Court for decision according to the governing law. an election for a successor will be held in the concerned district within thirty days of the seat becoming vacant. It shall have its special guard under the command of its speaker. Article (81) Laws shall be published in the official gazette within thirty days:  from the date the law is referred after its approval from the Representative Council to the president for its endorsement. shall be taken by a majority vote of the attendance except in cases where a special majority is a required for approval. Any proposal that fails to obtain the approval of the required majority may not be presented for discussion in the same session. by decision of a majority of the members present. or loss of qualifications or abilities at least six months before the end of his term in the Council. examine documents. or from the date the law is referred to the president from the Representative Council after it is passed again by a majority of two thirds of all its members in case of objection from the president to it.  In a case in which the period has lapsed without publication or return of the law. Article (77) The president of the state. The Representative Council shall discuss treaties that affect the independence of the state or the integrity of its territory. This is enforced by decision of the Representative Council with the approval of two-thirds of all of its members. one of his deputies. one of his deputies. The committee must submit its report to the Representative Council to take the appropriate decision. Security personnel or any other armed force may not enter or be present in the Representative Council or its facilities except in accordance with a request from the speaker of the Representative Council. including approval of draft laws and the proposed budget. Article (85) Every member of the Representative Council has the right to direct interpellations to the prime minister. or whoever falls under their authority in any matter that enters within their competencies. in preparation for the government‘s presentation for a popular public referendum. the law is considered effective and it must be published and should be considered issued with the force of the constitution. The speaker may. shall have the right to propose draft laws. Article (84) Every member of the Representative Council has the right to direct questions or request clarifications from the prime minister.

and the projects in which the public sector contributes at least fifty percent of the capital. and the decision to withdraw confidence shall be taken by a majority of the total members of the Representative Council. After the interpellation. the government is considered to have resigned. Article (90) Charging the president of the state of high treason. It is not permitted for the dissolved Council to withdraw confidence from the government. or the government. the Representative Council will continue to perform its duties until elections can be carried out within sixty days of the termination of the obstruction. to approve it and refer it to the president of the state for its promulgation. and the Representative Council shall hold one or more special sessions to discuss it. based on a decision from the Council of Ministers. Should the Representative Council fail to approve the general budget within the stated period. Withdrawal of confidence from the prime minister. promulgate the budget in the form it was presented to the Representative Council. the president of the state may. then its dissolution may be approved by a majority of two-thirds of its members. the minister or who is under his authority. the budgets of public bodies and institutions. or siege that prevents constitutional bodies from functioning regularly. If the election is not held during the defined period. The discussion and voting shall be held on the clauses and chapters of the budget. Article (92) The government shall present the draft law of the general budget to the Representative Council at least four months before the beginning of the fiscal year. and in case the president of the state does not use his right to issue the budget in accordance with Article 90. It continues performing its work until such time as the new government is formed. Article (89) The Government shall call for the election of the Representative Council within sixty days before the end of its legal term in accordance to procedures governed by law. imminent danger of war. during discussion of the draft law of the general budget. The Representative Council shall approve the general budget in a period not less than five months from the date of its submission in accordance with the previous paragraph. 2. in accordance with the procedures specified by the law of elections. its approval. or in the period of a State of Emergency provide for in the Constitution. Article (88) If the president of the state or the prime minister. If the government fails to call for elections within the said period. Article (87) If a majority of all members of the Representative Council agree to withdraw confidence from the prime minister or from more than one-third of the ministers. or the government b. in case of necessity. If a majority of all members of the Representative Council agrees to withdraw confidence from a minister. the government is permitted with the consent of the Representative Council. increase the allocations established in the draft whether in the form of an amendment made to it or by way of borrowing. breach of the constitution. If elections cannot be held at the established time because of war. the president shall cease performing his duties. Competence of the Representative Council with Financial Laws Article (91) The law shall regulate the provisions related to the government‘s preparation of the general budget. the expenditure of designated funds. ten members of the Representative Council may request the following: a. . The government shall call voters to conduct an election for a new Representative Council in a period not less than sixty days. It is not permitted to dissolve the Representative Council during the first year after it is formed. The decision to charge shall not be issued except if a majority of two-thirds of all the members of the Representative Council. then on the budget as a whole. Article (94) The law may stipulate allocation of fund for more than one year in case of necessity or for long-term plans as long as authorization for all of them is included in subsequent budgets or a special budget for more than one fiscal year is established for them. suggest the dissolution of the Representative Council to the Council of Ministers.Page 136 of 203 Article (86) 1. the speaker of the Representative Council may request that the Constitutional Court order the call for elections. to designate specified amounts on the basis of monthly authorizations at a ratio of (1/12) one to twelve from the previous budget until the new budget law is promulgated. the minister or who is under his authority. or commission of a felony is to be based upon the proposal presented by one-third of the members of the Representative Council. Article (95) Conducting transfers among chapters of the budget shall not be permitted except with the consent of the Representative Council. Censure of the prime minister. Immediately after the charge. and the president shall issue the decision of dissolution. and his trial shall take place before the Constitutional Court. Article (96) As an exception to the principle of annual budgeting. Article (93) The Representative Council may not. he is considered to have resigned. the Council returns to exercise its duties until a new Council is elected. the supplementary and development budgets. according to circumstances. Voting shall not take place until at least three days have passed from the date of submission of the request. and in case of delay in passing it of over one month.

or to execute a contract with the state as a concessionaire. and his minor children. to lift his immunity or after he clearly waives his immunity before the Representative Council and the Council accepts the waiver. detailing what he owns of movable and nonmovable property. The law shall preserve the employment and positions of state employees who win membership in the Representative Council. It is not permitted to question them for what they express outside of the Representative Council in implementation of their representative duties. amendment or cancellation of taxes shall be by law. Article (105) A member of the Representative Council is responsible to the Council. The Standing Orders of the Representative Council shall determine the conditions and terms according to which a member is presented with expulsion and the necessary procedures to refer the request of termination to the Constitutional Court. assistance. discuss removing his membership in the Council if he perpetrated a deed that offends the honor of his representative duty. and civil liabilities. The statements shall be filed with the Constitutional Court. during the first month of the beginning of his term in office. Disbursement of any exceptional amount shall not be permitted except within the limitations provided for by law. Article (104) It is not permitted for a member of the Representative Council to be subject to any criminal procedures or brought before the judiciary unless the Representative Council agrees. the facts they mention. approval must be obtained from the speaker of the Representative Council. If the Representative Council agrees to the request by a majority of all of its members. Article (98) Designation of public funds or their expenditure shall only be by law. which may. Article (107) It is forbidden for a member of the Representative Council. Article (108) A member of the Representative Council is to submit. Article (99) Imposition. Their payment shall not be forgiven except in cases provide for by law. importer. Taxes and fees shall be accredited to the public treasury and accounted for in accordance with the provisions of the law. compensations. The Representative Council is then to ensure to the soundness of the proceedings taken against the member. in the first session it holds. by a majority of its members. it is possible to immediately start criminal proceedings against him or arrest him. Attention shall be given in imposing and accounting for them to equality and social justice. In the case of apprehension in flagrante delicto of a member committing a felony as defined in the criminal code. The Representative Council shall decide upon the requests of its members to resign. to be appointed to any public or private employment or to purchase anything from the state property or to rent or sell anything from its property. If the Representative Council is not in session. In imposing and Taxation can only be waived in cases determined by law. Immunities and Duties of Representatives Article (101) The financial prerogatives of a member of the Representative Council in terms of remuneration and privileges shall be defined by law. or to barter for them.Page 137 of 203 Article (97) The government must present the final accounting of the budget to the Representative Council within a period not more than six months from the date of the end of the fiscal year. and all the Co8uncil must be notified. debt liabilities inside and outside Palestine. of the procedures that have been instituted against the member. Article (100*) The law shall define the bases for contracting loans and the procedures related to granting concessions and encouraging external investments or obligations connected with the exploitation of natural resources and public facilities. his spouse. The Standing Orders of the Representative Council shall regulate the conditions under which the Council shall accept the resignation of one of its members. based on a request from fifty of its members. Article (106) Immunity shall not cease with the termination of membership in the Representative Council for the statements and actions that it covered during the time that the member of the Council enjoyed the status of membership. Article (102) It is not permitted to infringe upon the immunity of the members of the Legislative Council during their term in office. during his term of membership. None of this detracts from the personal responsibility stipulated by law for what a member of the Representative Council perpetrates in terms of violations of the law. and rewards that are approved from the public treasury as well as the agencies responsible for applying them. Law shall determine the basis for granting salaries. provided that the Council Presidium is immediately notified. Article (103) It is not permitted to ask a member of the Representative Council to give testimony on a matter connected with their actions or statements or on information he obtained in his capacity during his membership except with the consent and prior approval of the Representative Council. question them civilly or criminally because of the opinions they express. the matter is referred to the Constitutional Court. Rights. . a personal financial statement for himself. Amendments that the Legislative Council makes to them shall only be effective for the members of the Representative Council that is elected after the Representative Council that approved them. which decides on the request expel the member. or their specific votes in the sessions of the Representative Council or its committees. or contractor.

Page 138 of 203 The Advisory Council Article (109) An Advisory Council shall be created by virtue of this constitution composed of one hundred and fifty members; it shall have an independent personality. Care shall be taken in its formation to portion of the distribution of population of Palestinians inside Palestine and outside of it. The law shall regulate the terms and methods of election of its members or their appointment according to the countries where they live. The president of the state shall be permitted to appoint members in the Advisory Council who do not bear Palestinian citizenship if they have been distinguished for providing outstanding services to the Palestinian cause, provided that they do not exceed ten members. Article (110) The Advisory Council shall be concerned:   With the study of general strategic issues and providing suggestions regarding them. With providing suggestions in all matters connected with national rights and the integrity of Palestinian soil and the rights of Palestinians abroad. With discussion of constitutional amendments and expressing an opinion in those that have been proposed. With topics the president of the state refers to the Council connected to public policy in Arab and international affairs for the state of Palestine. With draft laws which the president of the state refers to it connected to Palestinians abroad. With what members of the Advisory Council decide to put forward for discussion on its agenda. Article (113) It shall be stipulated that a nominee for the position of president of the state must bear Palestinian citizenship exclusively, not be less than forty years of age on the date of his nomination, and enjoy civil and political rights. Article (114) The president shall be elected directly by the people for a period of office of five years. It is not permitted to re-elect anyone who has occupied or occupies the position of president of state except for once. Article (115) The president-elect shall assume his duties immediately upon conclusion of his predecessor‘s term. If it is the case that the position of president of state is vacant as a result of the commencement of procedures to dismiss the president or as a result of death, resignation, loss of legal qualifications or abilities in accordance with Articles 90 and 118 of this constitution, the new president will begin his duties immediately upon the completion of election procedures. Before exercising the duties of his office, the president shall take the following constitutional oath in front of the Representative Council with the presence of the president of the Supreme Council for the Judiciary: ―I swear by Almighty God to be faithful to the homeland and its holy places and to the people and their national heritage; to honor the constitution and the law; and to safeguard fully the interests of the Palestinian people; as God is my witness. Article (116) The president shall submit during the first month of his assuming the responsibilities of office a financial statement for himself, his spouse, and his minor children, detailing what they own of movable and non-movable property, debt liabilities inside and outside Palestine, and civil liabilities. The statements shall be filed with the Constitutional Court. Article (117) The remuneration of the president of the state shall be determined by law. Article (118) The office of the president shall be considered vacant:    Upon death; Or upon resignation; Or by loss of legal qualification perform the constitutional duties by by the Constitutional Court pursuant two-thirds of all members of the Council. or inability to decision issued to a request by Representative

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Article (111) The Advisory Council shall send its recommendations to the president of the state, the prime minister, and the speaker of the Representative Council. The recommendations of the Advisory Council shall be published in the Official Gazette upon the request of the president of the state. Chapter Three / Section Two: The Executive Branch First: The President of the State Article (112) The president of the state is the president of the republic. He shall defend the constitution and the unity of the people, guarantee the continuity of the endurance of the state, national independence, and the orderly functioning of public authorities. His shall exercise his competencies and his responsibilities shall be defined in accordance with the provisions of the constitution. Except for the competencies constitutionally attributed to the president of the state, the executive and administrative competencies of the government shall be within the competence of the Council of Ministers.

Article (119) If the office of the president becomes vacant or the Representative Council decides to charge him in accordance with Article 90 of the Constitution, the Speaker of the Representative Council shall assume presidency of the state temporarily for a period not exceeding sixty days, during which presidential elections are carried out in accordance with the Law of Elections. Should the Speaker of the Council wish

Page 139 of 203 to submit his candidacy for presidency, or should a legal hindrance prevent him from assuming presidency, the president of the Constitutional Court shall assume presidency temporarily until the completion of procedures to elect the president. The president of the Court, in this case, may not present himself for the presidency. Article (120) The president of the state is to direct the Council of Ministers in setting public policy. Article (121) The president of the state shall charge a prime minister upon the recommendation from the party obtaining the largest number of seats in the Representative Council, after conducting consultations with the leaders of the other parties represented in the Representative Council. If he is unable to compose a government during a period of forty-five days, the president shall name a new prime minister from and so on until the government is formed. Article (122) The president of the state shall ratify laws after their approval by the Representative Council, within thirty days of their referral to him, and he shall order their publication. The president of the state may, before the end of this period, object once to a draft law that was approved by the Representative Council or request its reconsideration, accompanied by the reasons for his objection within thirty days of having received it. If the aforesaid period ends without ratification of the law or objection to it, the law shall be considered effective and must be published in the Official Gazette, and the Constitutional Court shall request that the president of the state to issue an order to that effect immediately. If the president of the state returns the law approved by the Representative Council within the legal time and the Representative Council approves it again by a majority of twothirds of all of its members, the law shall be considered effective and it must be published. The Constitutional Court, depending on circumstances and based on the request of the Representative Council, shall take responsibility for issuing the order to publish the law. Article (123) The prime minister, or the minister he delegates, is responsible for negotiations for concluding international treaties and informs the president of the state on the course of the negotiations, provided that the conclusion of international treaties is bound by the agreement of the Council of Ministers and approved by the president in accordance with the provisions of Article 79 of this Constitution. Article (124) The president of the state performs, in addition to the authorities stipulated in the constitution, the following authorities:  He heads the Council of Ministers when a state of emergency is in effect and in similar exceptional circumstances. He issues decrees and requests their publication. He has the right to request that the Council of Ministers  reexamine any decrees it has issued also within fifteen days from the date of its delivery to the presidency of the republic. If the Council of Ministers decides by a majority of two-thirds of its members on the issued decree if the period passes without the decree being issued or returned, the decree is considered effective and it must be published. He alone issues the decree naming the prime minister and the decree accepting the resignation of the government or considering it resigned. As for other decisions and decrees, it is necessary that the prime minister and the miniser or ministers concerned co-sign them. The prime minister alone co-signs with the president on decrees issuing laws, decrees reexamining laws, and decrees summoning the Representative Council to meet in special sessions. He delivers when necessary the speech to the Representative Council without discussion. He forwards draft laws approved by the Council of Ministers to the Representative Council. He grants special pardons for criminal punishments or lessens them. General amnesties shall only be by law. He grants medals of state by decree.

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Article (125) The president of the state shall appoint the ambassadors of the state and representatives of the state of Palestine to states and international and regional organizations and relieve them of their duties, on the recommendation of the relevant minister. He shall accept the credentials of representatives of foreign states and international and regional organizations. Article (126) The president of the state is the supreme head of the Palestinian national security forces which is headed by a cognizant minister. Article (127) The president of the state may establish specialized advisory councils from qualified, specialized and expert persons to participate in expressing opinions and to benefit from national capabilities. State of Emergency Article (128) The president of the state may, by agreement with the prime minister and with the consultation of the speaker of the Representative Council, in case the security of the country is exposed to threat of war or natural disaster or siege in a way that threatens the safety of the society and continuing operation of its constitutional institutions, announce a state of emergency. A state of emergency shall not be declared except when its measures are necessary to restore public order or the organized functioning of the authorities of the state or confront disasters or the state of siege. The effective period of a state of emergency may not extend for over thirty days; it may be

Page 140 of 203 renewed only once by the agreement of two-thirds of all members of the Representative Council, except in case of war. In all cases, the declaration of the state of emergency must define the goal, region, and time period it covers. Article (129) The Council of Ministers may, after the declaration of a state of emergency and if events necessitate speed in taking steps to confront suddenly-arising matters that do not admit of delay until the Representative Council meets, issue decisions to be approved by the president within a period that may not exceed fifteen days. They shall have the force of law. These decisions shall be presented to the Representative Council in its first meeting after the declaration of the state of emergency or in the session to extend the state of emergency, whichever comes first, to pass them or their legal force ceases retroactively. If the Representative Council does not approve them their legal effectiveness ceases and the Council shall decide the method to settle their effects without harm to the material rights of others. Article (130) It is not permitted during a state of emergency to impose limitations on basic rights and freedoms except to the extent necessary to preserve public order in the country. All decisions and actions the Council of Ministers takes during the state of emergency are subject to judicial review. The competent court shall begin examination of submitted grievances within a period not exceeding three days. Second: The Prime Minister Article (131) Whoever is appointed prime minister or minister must bear Palestinian citizenship exclusively and have reached at least thirty-five years of age. Article (132) The prime minister shall be responsible for formation of the government and he shall mention in the formation which he presents to the president the portfolio which is assigned to each minister. The prime minister shall present the members of his government and his program to the Representative Council to obtain confidence. Article (133) If the prime minister fails to obtain the confidence of the Representative Council within three weeks of his being charged the president will charge a new prime minister in accordance with Article 121 of the constitution. Until the new government succeeds in obtaining the confidence of the Representative Council, the outgoing prime minister leaving office shall be considered head of a caretaker government in the narrow sense. Article (134) The prime minister supervises the work of the ministers. Each minister shall be responsible to the Council of Ministers according to the procedures established by the provisions of this constitution. The prime minister and the ministers are responsible individually and collective to the Representative Council for the actions of the government.  Article (135) When making a ministerial change, adding a minister, or filling a vacancy for any reason whatsoever, it is necessary that the new minister(s) be presented to the Representative Council in the first session the Council holds after the ministerial change in order to vote confidence in him/them. If the number of those included in the change exceeds one-third of the members of the government, it is necessary to put forward the confidence in the ministry as a whole. In all cases, it is not permitted for the prime minister or any minister to exercise the duties of his position except after he has obtained confidence from the Representative Council. Article (136) After obtaining the confidence, the prime minister and the ministers shall take the following oath before the president of the state and the Representative Council in a joint session: ―I swear by Almighty God to be faithful to the homeland, to preserve the rights of the people and the nation and its interests, to honor the constitution and the law, and to undertake my duties rightfully, as God is my witness.‖ Article (137) The prime minister exercises the following competencies:  He represents the government and speaks in its name. He is considered responsible for the implementation of public policy as set by the Council of Ministers. He presents the general policy of the government to the Representative Council. He summons the Council of Ministers to meeting, establishes the agenda, informs the president of it, and presides over its sessions. He oversees the work of public agencies and institutions, coordinates among ministers, and gives general instructions to ensure proper functioning of work. He signs executive and regulatory decrees. He oversees the executive of laws and regulations and coordinates government policies and programs. He approves appointments for senior positions, based on the recommendation from the cognizant minister in accordance with legally-determined principles for appointments in ministries and state agencies. He submits suggestions for draft laws. He orders the publication of laws passed by the Representative Council after the president of state has approved them they are considered to have become legally effective. Any other competencies designated to him by law.

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Article (138) Neither the prime minister nor any minister may combine the ministry with any other work, pursue a free profession, buy or rent any state property, rent or sell to it any of his property, or barter with it. It is forbidden for the prime minister or any minister to use information which he obtained directly or

Page 141 of 203 indirectly by virtue of his work to realize material game for him or fore any other person in violation of the law. Article (139) The prime minister and ministers shall receive monthly compensation and pension established by law. Article (140) The prime minister and the ministers shall each individually submit, within thirty days of receiving confidence, a financial statement for him, his spouse, and his minor children, detailing what they owns of movable and non-movable property, debt liabilities inside and outside Palestine, and civil liabilities. The statements shall be filed with the Constitutional Court. Third: The Council of Ministers (The Government) Article (141) The Council of Ministers shall be composed of the prime minister and a number of ministers, at most half of them members of the Representative Council. Article (142) Executive authority shall be entrusted with the Council of Ministers. Article (143) The Council of Ministers shall meet regularly on the call of the prime minister who shall preside at its meetings. The legal quorum for its convening is two thirds of all of its members. It takes its votes by a majority of those present as long as there is no contradictory text in the constitution or in the ordinance of the Council. The Council of Ministers exercises its competences in accordance with the constitution, the law, and the ordinances regulating the work of the government. Article (144) The Council of Ministers shall competencies:   have the following    Issuance of organizational regulations, regulations necessary for measures to implement laws, regulations of controlling and organizing public interests and facilities. Appointing civilian and military personnel, pursuant to the recommendation of the cognizant minister, and in accordance with the stipulations of law. Any other competencies granted pursuant to the provisions of the constitution and the law.

Article (145) The law regulating the work of the executive authority shall establish standing committees in the Council of Ministers. From among their chairs one or more deputy shall be selected for the prime minister. Article (146) The Council of Ministers shall issue the regulations necessary for the exercise of its powers. The Ministers Article (147) The minister is the supreme administrative head of his ministry. Each minister shall have the following competences within the sphere of the ministry with which he is entrusted, under the supervision of the prime minister:   Proposing public policy for his ministry and overseeing its implementation after its adoption. Overseeing the course of work at the ministry and issuance of the necessary directives for the performance of his duties. Submitting to the council of ministers proposed draft laws related to his ministry. Implementing the general budget within the scope of his ministry and according to the allocations approved for it. Choosing senior employees and recommending them for appointment by the Council of Ministers. The appointment of employees of lower ranks will be among the competencies of the minister within the framework of the law and within the limits of the budget. Delegating some of his administrative competences to the deputy minister or other senior administrative officials in his ministry in accordance with the law. Supervising the implementation regulations related to his ministry. of laws and

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Setting public policy, in the light of the ministerial program approved by the Representative Council. Implementing public policy as established, laws and regulations, ensuring compliance therewith, and proposing new draft laws. Preparing the draft general budget to be presented to the Representative Council for approval. Organizing, supervising, and overseeing the work of the agencies, institutions, and offices of the state at their various levels. Monitoring the performance of the ministries, public agencies and institutions, and offices and overseeing their work. Discussing the proposals, plans, and policies of each ministry in the field in which it exercises its competencies. Approving the system of administrative formations.

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Any competence legally assigned to him.

Article (148) Each minister shall work within the boundaries of his competence to execute the laws, regulations, and governmental plans and programs in the manner indicated in this constitution and the laws regulating the work of the executive branch.

including appointment. Or upon the resignation of the prime minister or the resignation of at least one-third of the members of the Council of Ministers. violating the constitution. Article (154) The police is a civilian organization. transfer. the election of their councils. The General Personnel Bureau.‖ The law shall regulate its competencies. and the principles of its work. and public morals. and the law shall regulate its role in the service of the people. in coordination with cognizant government departments. formation. and jurisdictions. It shall perform its duty within the limits that are established by law and with complete respect for the rights and freedoms stipulated in this constitution. The Attorney General or his representative assumes responsibility for the procedures of investigation and indictment. It is part of the Ministry of Interior.Page 142 of 203 Article (149) Indicting the prime minister or a minister for high treason. They shall assume the task of protection and security of the Palestinians and defense of the homeland. jurisdictions and procedures. seconding. Article (151) The government shall be considered to have resigned and shall be re-formed:   At the beginning of a new term of the Representative Council following every general election. The accused shall be referred for investigation immediately after the issuing of the decision to indict. The decision to indict shall not be issued unless two-third of all the members of the Representative Council agree. The law shall define the institutions of the judicial branch and regulate their structure. shall work to improve and develop public administration. It shall have original jurisdiction to perform the judicial function and to decide in all disputes and crimes. Or upon the prime ministers loss of his qualifications or capacity to perform the duties of his office. Termination of service or resignation shall not prevent undertaking legal action or its continuation. until a final judicial judgment is issued acquitting him from the Constitutional Court. Public Administration Article (155) Appointment of public employees and all persons working for the state and the conditions of their employment shall be according to law. Article (156) The law shall regulate everything connected with the affairs of the civil service. It shall be forbidden to form armed groups outside of the network of national security forces. competencies. defense of the society. in accordance with a request from a majority of all of the members of the Representative Council and the issuance of a decision to that effect from the Constitutional Court. The law shall define its formation and competencies. ensuring its independence and guaranteeing its equality in the framework of cooperation with the other public authorities. Article (150) Whoever is referred for investigation ceases performing his duties. The president of the ―General Audit Organization‖ shall be appointed by a decision from the president of the state pursuant to nomination from the Council of Ministers and approval by the Representative Council. their levels. Article (160) A Supreme Council for the Judiciary shall be entrusted with the affairs of the judicial institutions. public order. The General Audit Organization Article (157) An independent organization with legal personality shall be established by law to be named the ―General Audit Organization. The units of local governance shall enjoy legal personality. Its opinion shall be solicited on draft laws and regulations related to public administration and those employed in it. . The law shall regulate the terms and condition for the announcement of general conscription. or from more than one-third of the ministers in accordance with Article 87 of this constitution. Security forces Article (153) The national security forces belong to the Palestinian people. Chapter Three / Section Three: The Judicial Branch Article (159) The judicial branch shall be independent. and retirement. It shall define the types of courts. Local administration Article (158) The law shall regulated the relationship between the government and the local unites on the basis of administrative decentralization. promotion. Or in case of the death of the prime minister. The cognizant minister shall head them and the president of the state shall be the supreme head. Their councils shall be elected. the manner of its formation. Exceptional courts may not be formed. Its opinion shall be solicited in    Article (152) The resigned government shall continue in directing government affairs until a new government is formed in accordance with the provisions of the constitution. The law shall provide for the method of their establishment. and vigilance in preserving security. or committing a crime shall be based on a request submitted by one-third of the members of the Representative Council. simply by virtue of the decision of referral. Or after confidence is withdrawn from the prime minister or from the government.

to bear any citizenship other than Palestinian citizenship. The construction of lower administrative courts is to be permitted by law. and civil liabilities. Article (166) Judicial judgments shall be issued. Article (167) Litigation procedures shall be regulated by law so as to guarantee justice and expeditious decisions in cases. It shall not be permitted to combine the judicial profession with any other profession. in accordance with the law. and regulation of affairs of the judges shall be defined by a law. and he shall be approved by the Representative Council. without infringing on the professional supervision of the Supreme Council for the Judiciary over the judiciary. Article (172) A military court shall be established by law with jurisdiction to decide in military cases. membership in the Representative Council. The law shall regulate the methods of the appointment of the members of the Supreme Council for the Judiciary and the necessary requisites that each of them shall have. Article (176) The judicial police shall fall under the judicial authority and be subject to its direct supervision. Article (175) The Office of the Attorney General shall undertake public cases in the name of the people in accordance with the provisions of the law. A judge shall not be permitted. Article (163) A judge shall swear the legal oath before the Supreme Council for the Judiciary in the manner prescribed by the law of the judicial branch. the terms of the appointment of its judges and employees. Article (171) A high court of justice shall be established with jurisdiction to decide administrative disputes and disciplinary cases as they are defined by its establishing law. the regulations governing appointments. judgments shall be considered a crime punishable by law. promotions and disciplinary measures related to judges. and such cases arising shall have no statute of limitation. It may not try civilians or decide in any case outside the military sphere. including the Office of the Attorney General. It is part of the Ministry of Justice and governed by the law of the judicial branch. Article (165) Court sessions shall be public. Intervention in the course of justice or delaying implementation of judicial . Article (164) A judge shall submit upon his appointment a personal financial statement for himself. seconding. while being entrusted with the judicial profession. Article (161) The president of the Supreme Council for the Judiciary shall be appointed by a decision made by the president of the state in accordance with the law. transfer. The law shall regulate the terms of the end of their duties and disciplinary questioning of judges before the Supreme Council for the Judiciary in cases defined by law without infringement on their independence in performing their duties. Article (162) The Supreme Council for the Judiciary shall establish.Page 143 of 203 draft laws regulating the affairs of the judiciary. In all circumstances. Article (170) A court of cassation shall be constructed with jurisdiction over appeals in criminal and civil matters. his spouse and his minor children. Office of the Attorney General Article (173) The Office of the Attorney General is one of the organs of the judicial branch. Article (177) The Ministry of Justice shall be entrusted with the organization of offices related to the administration of judicial facilities. and the procedures which are to be followed before it. sentences shall be pronounced in a public hearing. transfers. The method of its formation. It shall establish its internal regulation. assignments. pronounced and executed in the name of the people in accordance with the law. There shall be no authority over them in their judicial duties except the law and their conscience. unless the court decides they shall be secret for reasons   related to public order or morals or by agreement of the court upon the request of the litigants. Article (168) Judges are independent. and their duties. jurisdiction and operational procedures shall be defined by law. detailing what they own of movable and nonmovable property. and they shall not be removed. by nomination by the miniser of justice and decision of the Council of Ministers. promotion. his assistants. or membership in political parties. The law shall determine the competencies of the attorney general. Article (174) An attorney general shall be appointed at the head of the Office of the Attorney General. Article (169) The terms of appointment. It is not permitted for anyone to intervene in the course of justce or to delay the implementation of judicial judgments. debt liabilities inside and outside Palestine. which shall regulate the bases of its operating. The statements shall be filed with the Constitutional Court.

deletion. and that by agreement of two-thirds of all members of he Representative Council. Article (186) The president of the state. it is considered effective from eh date of the announcement of the result of the referendum. the Courts of Appeal.  Article (183) The Constitutional Court shall render void an unconstitutional law. By loss of one of the conditions of assuming duties. the elected Representative Council shall assume the authority of establishing this constitution in its current form as it is adopted by the Palestine National Council of the Palestine Liberation Organization or the Palestinian Central Council. pursuant to a request from the president of the state. and immediately after the first general election. by a majority of all of its members. Problems connected with the constitutionality of the platforms and activities of political parties and associations. In all cases.   dispute over jurisdiction between the president of the state and the prime minister. It shall be composed of nine judges appointed by the head of state by nomination from the Council of Ministers and approved by the Representative Council. ordinance or procedure. Interpretation of constitutional texts in case of a dispute concerning the rights. The president and of the Court and the judges in the Constitutional Court shall swear the legal oath before discharging their duties before a meeting of the president of the state. Article (184) The decisions of the Constitutional Court shall be final and may not be appealed in any manner. The constitutionality of concluding international treaties. Chapter Four: Concluding Provisions Article (185) This constitution shall be called the ―Constitution of the State of Palestine. Article (181) Membership of a judge in the Constitutional Court shall terminate in one of the following cases:     At the end of the judge‘s term stipulated in the Constitution. and the extent of conformity of these measures with the constitution. or the Attorney General in the following questions:  The constitutionality of laws before they are promulgated. Cassation. The Palestine National Council of the Palestine Liberation Organization shall adopt this constitution before the establishment of the independent Palestinian state with sovereignty. according to circumstances. and in case of a   . or amendment of one or more articles. In the case that the Palestine National Council cannot meet. by addition. Disputes related to the constitutionality of laws. he must resign before swearing the legal oath. in accordance with the conditions and terms that the law organizing its construction defines. The Representative Council shall discuss within sixty days after agreeing on the A successor shall be appointed within one month of the position becoming vacant. After the establishment of the state. it is not permitted to request the amendment of the constitution before one year has passed since this rejection. If the majority of the participants in that referendum agree to the constitution. the Palestine Central Council shall adopt this constitution. or end its effectiveness. measures and decisions issued by the president or the council of ministers which have the force of law. The Court shall set its internal regulation which will organize the procedures of its work. and deciding the nullification of the law or some of its articles should they conflict with the constitution or an international treaty. or High Justice. the prime minister. Any other jurisdictions assigned to it by this Constitution. ten members of the Representative Council. to present the constitution to a general popular referendum to approve it. joining them. or one-third of the members of the Representative Council may request the procedure for amending the constitution. Article (180) A judge on the Constitutional Court shall not be permitted to assume any other public employment or conduct any commercial. regulations.‖ It is based on the will of the Palestinian people.Page 144 of 203 The Constitutional Court Article (178) A Constitutional Court shall be established by virtue of the constitution to exercise its jurisdiction independently in order to defend the legality of the work of state institutions. If the request is rejected. They are binding on all public authorities and natural and legal persons. the prime minister. the speaker of the Representative Council. the speaker of the Representative Council and the president of the Supreme Council for the Judiciary. duties. Article (179) The judges of the Constitutional Court shall elect a president from among their number for a term of three years. And the Council shall decide. if the request was brought before it within 30 days from the referral of the law to the president of the state to approve and promulgate it. If he belonged to a political party. By judicial conviction of a felony. and competences of the three authorities. the principle of conducting the amendment must be passed by the agreement of a majority of two-thirds of all members of the Representative Council. ordinances. The judges shall be appointed for one term of nine years that shall not be renewed or extended. By voluntary resignation. regulation. Article (182) The Constitutional Court shall rule. the procedures of implementing them. procedures to dissolve them or freeze their activities. political or partisan activities.

promulgated on May 29. it is considered effective from the date of the announcement of the result of the referendum. within a period at most six months from the date of the issuing of the constitution. Article (188) The legislative authority shall undertake the preparation and approval of the necessary draft laws to establish the legal and administrative structure to implement the provisions of this constitution and its requirements and to establish institutions which are stipulated. 2002. and treaties effective before the beginning of this constitution remain in effect until they are changed or amended in accordance with the law. If two-thirds of all members agree then the amendment is considered accepted. The Representative Council may also.Page 145 of 203 request of the amendment. the clause or clauses that it is desired be changed. decide to present the amendment to general popular referendum to approve it. Article (187) Insofar as they do not conflict with the provisions of this constitution. . Article (189) Official institutions shall continue to exercise their competencies according to constitutional and legal rules that regulate them until the time that the legislation required by the Constitution is promulgated. the laws. and anything contrary to the provisions of this constitution are abolished. regulations. by a majority of all its members. agreements. decisions. If a majority of the participants in the referendum agree with the amendment. Article (190) The Basic Law.

powers. Any person accused in a criminal case shall be represented by a lawyer. Variations between the two are considerable in the sections that concern the authorities of the president and the cabinet. Article 4 1. Personal freedom is a natural right.1997 Ratified in Ramallah on May 29.miftah. It shall be the official flag of the country. The law shall specify the period pre-arrest detention. 2. accessed 13 December 2007. He shall have the right to contact a lawyer and to be tried without delay. Collective punishment is prohibited. or surgery. Basic human rights and freedoms shall be binding and respected. This is the Basic Law that was passed by the Palestinian Legislative Council (PLC) in 1997. Imprisonment or detention shall only be permitted in places that are subject to laws related to the organization of prisons. any person. 3. Note that the 2002 Basic Law does not include the post of prime minister. and the Palestinian People are part of the Arab Nation. and judicial authorities. Article 3 Jerusalem is the Capital of Palestine. treatment. OF DRAFT BILL: DATE: 02. Arab Unity is an objective which the Palestinian People shall work to achieve. agencies. religion.cfm?DocId=790&CategoryId= 7. The President of the National Authority shall be directly elected by people. Respect and sanctity of all other heavenly religions shall be maintained. It is unlawful to arrest. or disability. 2002. Article 15 Punishment shall only be imposed upon individuals. 2. and ratified by President Yasser Arafat in 2002. All authorities. Article 8 The flag of Palestine shall be in four colors. http://www. Article 6 The principle of the rule of law shall be the basis of government in Palestine. Article 10 1. 2. and shall be guaranteed and protected. All statements or confessions obtained through violation of paragraph one of this article shall be considered null and void. Crime and punishment shall only be determined by law. and new scientific developments shall be regulated to serve legitimate humanitarian purposes. Chapter One Article 1 Palestine is part of the large Arab World. Article 16 It is unlawful to conduct any medical or scientific experiment on any person without his prior legal consent. Article 17 Homes shall be inviolable. or prevent the movement of.Page 146 of 203 Palestine 2002 Basic Law 2002 Basic Law The Basic Law. except by judicial order in accordance with the provisions of law. Arabic shall be the official language. No person shall be subject to any duress or torture. The principles of Islamic Shari‘a shall be the main source of legislation. Punishment shall be imposed only by judicial order. Islam is the official religion in Palestine. Transplantation of human organs. entrance or search. He shall be promptly informed.10. except in accordance with law. except in accordance with a . which shall be exercised through the legislative. imprison. restrict the freedom. Article 12 Every arrested person shall be informed of the reasons for his arrest or detention. they shall not be subject to surveillance. Palestinian Legislative Council (PLC) NAME OF DRAFT BILL: BASIC LAW SUBMITTED BY: THE COUNCIL OF MINISTERS COUNCIL’S READING: THIRD READING NO. and a number of competencies were transferred from the president to the cabinet in the 2003 amendment.org/Display. Article 2 The Palestinian People are the source of all power. color. search. based on the principle of separation of powers. of the nature of the charges brought against him. and in the manner set forth in this Basic Law. Article 5 The governing system in Palestine shall be a democratic parliamentary system based on political and party pluralism. 2. The Government shall be responsible to the President and to the Palestinian Legislative Council. All persons deprived of their freedom shall receive proper treatment. Chapter Two – Public rights and freedoms Article 9 All Palestinians are equal under the law and judiciary. without discrimination because of race. Article 7 Palestinian citizenship shall be regulated by law. The Palestinian National Authority shall work without delay to join regional and international declarations and covenants which protect human rights. Ramallah: 2002. thus. No person shall be subject to medical examination. and shall apply only to actions committed after the promulgation of law. in a language he understands. Please consult the Amended Basic Law of 2003 for the version that is currently in force. Miftah. institutions and individuals shall be subject to law. Article 14 The accused is innocent until proven guilty in a court of law that guarantees the right to defend himself. and in accordance with the dimensions and measurement approved by the Palestinian Liberation Organization. Article 13 1. executive. Article 11 1. sex. political views.

representatives among them by ballot in accordance with the law. provided that they do not violate public order or public morals. Shall be segregated in case they are sentenced form adults.Page 147 of 203 valid judicial order. guaranteed by this Basic Law. Article 21 1. and social insurance to all workers. They have the following rights in particular: 1. Each Palestinian shall have the right to find sanctuary in the legal system. processions. Article 20 Freedom of residence and movement shall be guaranteed within the limits of law. However. and shall not be allowed to perform works which might damage their safety. in a manner that guarantees the freedom of scientific research. and in accordance with the provisions of law. health. together with the freedom of individuals working in this field. Children shall have the right to: 1. artistic. cancellation. other related laws. and to conduct public meetings. or in any form of art. . and scientific research centers. deprived of his (citizenship). To Vote and nominate for election. Litigation is a protected and guaranteed right to all people. prevented or prohibited from returning to or leaving it. Article 24 1. The Palestinian National Authority shall strive to provide it to any individual capable of performing it. and cultural creativity. clubs. 5. Article 23 Proper housing is a right for every citizen. 4. Censorship on media shall be prohibited. Conditions and methods of such compensation shall be regulated by law. No warning. in writing. shall not be expropriated except in the public interest. The Palestinian National Authority shall secure housing for those without shelter. and public institutions in accordance with the law. 3. Law prohibits beating children and treating them cruelly by their relatives. guilds. The right to conduct a strike shall be exercised within the limits of law. disability. societies. and written media. publish. 4. Not to be exploited in any purpose. confiscation. 2. Protection from harm and cruel treatment 4. and in accordance with a judicial order. To conduct special meetings without the presence of police members. Article 26 Palestinians shall have the right to participate in the political life individually and in groups. or through any other form of expression. Article 25 1. 3. Work is a right. and treated in a manner which is appropriate to their age and rehabilitation. transmit. Private property shall be protected and. as well as literary. and retirement insurance shall be regulated by law. conscience and expression. The welfare of families of martyrs‘. 2. 2. provided that it does not contradict with the provisions of law. shall be regulated by law. The economic system in Palestine shall be based on the principle of free market economy. Individuals who suffer from such violation shall be entitled to fair compensation guaranteed by the Palestinian National Authority. and shall have the right to publish his opinion orally. and shall strive to upgrade the educational system. Work relations shall be organized in a manner which guarantees justice and provides security. Laws shall not make any decision or administrative work immune against judicial control. is guaranteed by this Basic Law. Article 22 1. suspension. and it shall be free in public schools and institutes. Article 18 Freedom of belief and the performance of religious rituals are guaranteed. within the limits of law. and shall be subject to its supervision. Article 27 Establishment of newspapers and all media means is a right for all. Article 28 No Palestinian may be deported from the homeland. 3. The Law shall guarantee the independence of universities. 2. health. and for a fair compensation in accordance with the law. associations. higher institutes. or surrendered to any foreign entity. To establish and join political parties in accordance with the law. and the disabled. the injured. 3. health and social insurance. Any consequences resulting from violations of this article shall be considered invalid. The law shall organize its supervising rules and limitations. Article 29 Maternity and childhood welfare is a national duty. It shall be compulsory until at least the end of basic grades. 4. To establish unions. 2. Freedom of audio. as well as freedom to print. Every citizen has the right to education. 5. The Palestinian National Authority shall supervise all levels of education and its institutions. 3. or pursuant to a judicial order. prisoners of war. Comprehensive protection and welfare 2. 4. Social. or restrictions shall be imposed on media except by law. The freedom of economic activity is guaranteed. The Executive Authority may establish public companies which shall be organized in accordance with law. Organization of unions and guilds is a right which shall be regulated by law. Article 19 Every person shall have the right to freedom of thought. Article 30 1. duty and honor. and assemblies. Litigation procedures shall be organized by law to guarantee prompt settlement of cases. or education. To hold public office and positions in accordance with the principle of equal opportunities. visual. 2. The Palestinian National Authority shall encourage and support such creativity. health. 3. their financing resources shall be subject to law. Confiscation shall be in accordance with a judicial order. Judicial mistakes shall result in compensation by the National Authority. distribute. Private schools and educational institutions shall comply with the curriculum approved by the Palestinian National Authority. The National Authority shall guarantee them education services.

Propose laws. and membership in the Cabinet. throughout the period of immunity. or loss of legibility. The preservation and protection of the Palestinian environment from pollution. Chapter Three – The Legislative Authority Article 34 1. which will specify its formation. or because of any action they undertake outside the Council in the course of their functions as Members. or any other governmental position. Article 40 1. for the sake of present and future generation. and within the limits it allows. the Council shall elect a Speaker. Article 33 A balanced and clean environment is one of the human rights. The Palestinian Legislative Council is the elected legislative authority. the Council shall be notified immediately about the measures taken against the Member. This declaration ―Statement‖ shall be kept in a sealed and classified envelope at the Supreme Court of Justice. Article 41 1. detailing what they own in real estate. place of residence. No penalty measures shall be taken against any Member of Legislative Council.Page 148 of 203 Article 31 An independent commission for human rights shall be established by law. 2. Without prejudice to the provision of this law. resignation. or in any manner whatsoever. Submit to the Executive Authority all necessary and legitimate requests. as prescribed in its Standing Orders. The Commission shall submit its reports to the President of the National Authority. and a Secretary General. to enable them perform their parliamentary mission. Criminal and civil case resultant from such infringement shall not be subject to any status of limitation. his dependent ―minor‖ children. car. shall be considered as a crime. because of their actions. is a national duty. which have been guaranteed by the law or by this basic law. Article 37 In its first meeting. The Office of the Council shall assume this responsibility if the Council is not convened. in any other type of private business. jurisdiction. the Presidency of the Executive Authority. nor shall any search be made of his luggage. Article 36 Before taking on any responsibility. 2. Security men shall not be present in the Council. every Member shall swear the following oat before the Council: – ―I swear by Allah Almighty to BE faithful to the Homeland. 4. Article 32 Each aggression committed against any personal freedom. Every Member of the Legislative Council shall present a financial statement for himself. elections shall be conducted in the concerned constituency to elect a successor in accordance with law. house. two deputies. Members of the Council shall not be questioned. The National Authority shall guarantee fair indemnity for those who suffered from such damages. 5. Article 43 Each Member of the Council shall have the right to: 1. 3. as well as rules of questioning its Members. within the limits which have been included during the membership period. against private life of human being. or office. The term of this Council shall be the interim period. the Legislative Council shall assume its legislative and oversight duties. The Council shall be solely responsible for maintaining order and security during sessions and meetings of its committees. his wife. and to the Palestinian Legislative Council. 2. and shall not be disclosed unless approved by the Court. to testify on any subject related to his actions or statements or information he obtained as a result of his membership on the Council. and to preserve the rights and interests of the people and nation. or by the Head of the Committee according to the situation. and as per the prior consent of the Council. or opinions. unless the Member is found red-handed ―Flagratne delicto‖. so that the Council shall take the proper action in this regard. However. as Allah is my witness‖. Article 42 The Member of the Legislative Council shall receive a monthly salary determined by law. The Member of the Legislative Council shall not relinquish his immunity without a prior permission of the Council. Immunity shall not be dropped after ceasing to be a Member of the Council. transferable property inside Palestine and abroad. 2. The Legislative Council shall be composed of 88 Members elected in accordance with law. unless requested by the Speaker. and their debts. and to respect law and perform my duties in the best manner. and in general any real estate or transferable property. to the Speaker of the Council. 2. and establish its own Standing Orders. No Members shall be disturbed in any manner. Rejected proposals shall not be resubmitted within the same term of the period of the year. 3. or with the general constitutional principles. It is not allowed to combine between Membership in the Presidency office of the Legislative Council. Article 39 The President of the Palestinian National Authority shall open the ordinary session of the Council and deliver his opening statement. in all they makeup the Presidency Office of the Council. unless he agrees to do so. If the position of one Member or more became vacant due to death. which will enable him exercise his parliamentary duties. through either a civil or criminal procedure. Article 38 The Council shall accept the resignation of its Members. duties. or against any of rights or freedom. or votes in the Council‘s sessions and Committees‘ meetings. No Member of the Legislative Council shall be asked during the period of membership or subsequently . Address inquiries and interrogatories to the Government or to . Article 35 1. in a way which does not contradict with the provisions of this Basic Law. The Member of the Legislative Council shall not exploit his membership on Council.

2. Article 44 1. in order to complete the necessary requirements and return it to the Council for approval. shall be chapter by chapter. The returned budget shall include the Council‘s comments. Article 45 The Council may form special committee. Death 2nd. 4. Article 56 The President of the National Authority shall appoint and terminate the services of the National Authority‘s representatives at foreign countries. Article 49 The final accounts of the National Authority‘s budget shall be presented to the Legislative Council no later than one year from the end of the fiscal year. and subsequently approved by two thirds of the Palestinian Legislative Council. The Government shall present the budget proposal to the Legislative Council at least two months before the beginning of the fiscal year. in the Council. 3rd. as well as the attached budgets. Voting on the general budget. developmental budgets. The withdraw of confidence shall result in terminating the term of the party in whom confidence was lost. and to respect the Constitutional system and the law. Article 46 The Legislative Council shall approve the General Development Plan. 3. the President shall return the laws to the Council within the same specified period. Considered legally incompetent. Transfer of funds among the budget‘s chapters is not permitted. The Legislative Council shall convene a special session to discuss the annual budget proposal. The office of the President shall be considered vacant in any of the following cases: 1st. However. A decision shall be issued by a majority vote of the Council‘s Members. and the budget of every project in which the government‘s investment comprises 50% or more of its capital. as per a ruling issued by the Supreme Constitutional Court. The President of the National Authority. The Council shall vote on the final accounts chapter by chapter. this period can be curtailed to three days in case of urgency as per the approval of the President of the National Authority. It either ratifies it prior the start of the new fiscal year. However. Article 57 1. to withdraw confidence from the Government or from any Minister. Article 47 The law shall regulate the specific procedures regarding the preparation and approval of the general budget. or in any public institution. Resignation submitted to the Palestinian Legislative Council if accepted by two thirds of its Members. Article 53 The term of the Presidency shall be the Transitional Phase.Page 149 of 203 any Minister. unless the addressee agrees to reply promptly or within a shorter notice. international organizations and foreign agencies. temporarily for a period not exceeding (60) sixty days. First: The President Article 51 The President of the Executive Authority shall be elected in a general and direct elections by the Palestinian People in accordance with the Palestinian Election Law. the President shall accept the credentials of foreign representatives at the Palestinian National Authority. voting on such request shall be at least three days after submission. The law shall also regulate the spending of funds appropriated in these budgets. or alike. The President of the National Authority shall promulgate laws after being ratified by the Palestinian Legislative Council within (30) thirty days from referring them to him. Article 48 Taking into consideration the provisions of Article (81) of this Basic Law: 1. during which free and direct elections to choose a new president shall take place in accordance with the Palestinian Elections Law. together with his comments and . Article 55 The President is the Commander-in-Chief of the Palestinian Forces. and to the people and its national heritage. unless there is an agreement between the Legislative Council and the Executive Authority in this concern. Chapter Four – The Executive Authority Article 50 The Executive Authority is the highest executive and administrative tool. which shoulders the responsibility of developing a program that will be approved by the Legislative Authority for implementation. Further. Article 54 1. Article 52 Before assuming office. The law shall determine the way to prepare and present the Plan to the Council. as Allah is my witness‖. Interrogatories shall be discussed only seven days after submission. the President shall take the following oath before the Legislative Council. and to safeguard the interests of the Palestinian people completely. Otherwise. and in the presence of the Chief of the Palestinian National Council. and the Council of Ministers shall assume the responsibility of the Executive Authority in the manner prescribed in this Basic Law. after which the President shall be elected in accordance with law. the Speaker of the Palestinian Legislative Council shall assume the powers and duties of the Presidency of the National Authority. 2. or send it back to the government in a period not exceeding one month from the date of receipt. the budgets of public institutions and assemblies. or entrust one of its committees to conduct information-gathering and fact-finding in any public matter. Ten Members of the Council may submit a request after the interrogation. the Chief of Supreme Court ―I swear to Allah Almighty to be faithful to the Homeland and to its sacred places. If the office of the President of the National Authority becomes vacant due to any of the above cases. 2.

and take the necessary actions to execute laws.Page 150 of 203 objections. No Minister may purchase or lease any government property. Article 68 1. and shall follow the provisions and rules prescribed in the penalty law and in the criminal procedures law. be Board Members in any company. and for the actions of his Ministry. the proposed law shall be considered ratified and shall be published in the official gazette. 2. transferable property. after listening to the Ministerial statement. Second: The Council of Ministers Article 62 The President of the National Authority shall appoint Ministers. If an absolute majority of the Council does not grant the vote of confidence to all of the Cabinet members. 4. Article 64 1. Ministers are responsible to the President of the National Authority. Assistant Ministers. or whoever represents him from the prosecutor‘s offices shall assume the investigation and indictment procedures. that defines the Government‘s policy and program. he shall present them to the Legislative Council in the first session for a vote of confidence. or practice commerce or any other profession. during their terms in office. the decisions issued shall be presented to the Legislative Council in the first session convened after their issuance. 3) The above provisions shall apply to Deputy Ministers. for a Minister. Article 67 1. or from any legal or juridical personality. or to have a financial interest in any contract concluded and with governmental or administrative entities. Article 65 The Cabinet shall comprise of a number of Ministers not to exceed Nineteen Ministers. If the President of the National Authority returns the proposed law within the deadline and conditions mentioned in the previous paragraph. to the President of the National Authority. However. allowances and compensations shall be determined by a law. Article 58 The President of the National Authority and the Council of Ministers shall have the right to propose laws. 3. Article 59 The President of the National Authority has the right to pardon or commute sentences. If these decisions were presented as mentioned above. In the case of Cabinet changes. his wife. 2) The Attorney General. shall not be granted except through a law. Article 66 Before assuming their offices. but were not approved. nor may they. Article 71 The President of the National Authority may request a vote of confidence for the Cabinet . or due to. The suspension of a Minister‘s duties shall not prevent the continuation of the investigation and follow-up procedures against him. or else. A Minister‘s trial shall be conducted before the concerned court. and while the Legislative Council is not in session. 2. stocks. which can not be postponed. or filling a vacant portfolio for any reason. General amnesty. or addition of one Minister. and the like as well. the President of the National Authority shall present a replacement in the next session provided that this is completed within two form the date of the first session. whether inside Palestine or abroad. and will be disclosed only by a permit issued by the Supreme Court when necessary. or to any one or more of them. issue regulations. After the selection of the member of the Council of Ministers by the President of the National Authority. detailing what they own in real estate. or receive a salary or any other financial rewards or remuneration from any person in any capacity. other than the one salary determined for the Minister and its allowances. Article 63 The President shall be assisted by the Council of Ministers in the performance of his duties and the exercise of his powers in the manner explained in this Basic Law. and accept their resignations and presides over the meeting of the Council of Ministers. 2. then they shall cease to have the power of law. cash money. who shall make the necessary arrangements to keep its secrecy . A vote of noconfidence requires and absolute majority of the Council‘s . the Ministers shall take the oath stipulated in Article (52) of this Basic law before the President of the National Authority. The Council of Ministry is jointly responsible before the Legislative Council. each within his jurisdiction. and dependent ―minor‖ children. Article 61 The President‘s salary. and debts. bonds. however. to issue decisions and decrees that have the power of law. No Minister shall assume the duties of his position before obtaining the confidence of the Legislative Council. the laws shall be considered approved and promulgated immediately in the official gazette. before the Legislative Council. Every Minister in the Cabinet must submit a financial report for himself. the performance of his duties. Article 69 The President of the National Authority has the right to refer any Minister to investigation as a result of crimes committed by him during. The decision of appointment shall determine the Ministry that each Minister shall be responsible for. or for some Ministers. and the Council debates it and passes it again with a two third majority. Article 60 The President of the National Authority shall have the right in exceptional cases. Article 70 1) Any accused Minister shall be suspended from performing his duties immediately upon the issuance of indictment. Such information shall be kept in a confidential manner. otherwise they will cease to have the power of law. 2. the new Ministers shall be presented to the Legislative Council in the first session it convenes for a vote of confidence. remove them.

Page 151 of 203 Members, and shall result in terminating the duties of those who lost confidence. Article 72 The Council of Ministers shall have the following functions: 1) Devise the general policies within the limits of its jurisdiction ―functions‖, and in light of the Ministerial program approved by the Legislative Council. 2) Execute the general policies set forth by the concerned Palestinian authorities ―entities‖. 3) Prepare the general budget to be presented to the Legislative Council. 4) Prepare the administrative apparatus, develop its structures, and provide it with the necessary means, as well as supervising and following it up. 5) Follow up the implementation of laws, and ensuring compliance with their provisions, and taking necessary actions in this regard. 6) Follow up the performance of different Ministries and all other components of the administrative apparatus, their duties and functions, and coordinating between them. 7) Discussing the proposals and policies of different Ministries concerning the implementation of their functions. 8) Any other functions entrusted to it by this Basic Law, or by any other law or resolution. Article 73 Every Minister shall exercise the following powers and functions within his Ministry: 1) Proposing the general policy of his Ministry and supervising its implementation after approval. 2) Supervise the conduct of business and affairs within his Ministry, and issue the necessary instruction thereof. 3) Implement the general budget within the funds appropriated for his Ministry. 4) Propose bills and legislation related to his Ministry and present them to the Council of Ministers. 5) Delegate some of his powers to the Deputy Minister, or other senior officers in his Ministry within law. Article 74 Every Minister shall submit detailed reports to the Council of Ministers on the activities, policies, plans and achievements of his Ministry in comparison with the objectives specified for his Ministry within the framework of the General Plan, and on his Ministry‘s proposals and recommendations concerning its future policies. These reports shall be submitted regularly every three months, to give the Council of Ministers sufficient information about the activities and policies of each Ministry. Third: Security Forces and Police Article 75 1) Security Forces and the Police are a regular force. It is the armed force in the country, its function is to defend the country, serve people, protect the community and maintain public order, security and morals. This force performs its duties within the limits prescribed by law with complete respect to rights and freedom. 2) Security Forces and the Police shall be regulated by law. Fourth: Local Administration Article 76 The country shall be organized, by law, into local administrative units enjoying juridical personality. Each unit shall have a council elected directly as prescribed by law. The law shall determine the jurisdiction ―functions‖ of the administrative units, their financial resources, their relations with central authority, and their role in the preparation and implementation of development plans. Further, the law shall determine the aspect of oversight over these units and their various activities. Demographic, geographical, economical, and political parameters shall be taken into consideration at the time of dividing the country administratively, to provide for the integrity and unity of soil and interests of the country. Fifth: Public Administration Article 77 Appointment of all public officials and government staff, and conditions of employment shall be in accordance with law. Article 78 All affairs related to civil service shall be regulated by law. The Civil Service Bureau shall coordinate with the concerned governmental entities to upgrade and improve public administration. Further, its point of view shall be taken into consideration upon drafting legislation, laws, and regulations which deal with public administration and its staff. Sixth: General Finance Article 79 Public taxes and duties shall not be imposed, amended, and repealed except through law. No one shall be totally or partially exempted from paying these taxes, except in circumstances prescribed by law. Article 80 The law shall state the provisions concerning the collection of public funds and the procedures for spending therefrom. Article 81 The beginning and the end of the fiscal year, and the general budget shall be regulated by law. If the general budget was not approved by the beginning of the new fiscal year, expenditure shall continue on the basis of monthly allocation of 1/12 of the fiscal year‘s budget. Article 82 1) All revenues received, including taxes, duties, loans, grants, and profits accrued to the Palestinian National Authority from managing its property or activities, shall be paid to the Public Treasury. No part of the Public Treasury funds shall be allocated or spent for any purpose whatsoever except in accordance with the law. 2) The Palestinian National Authority may form a strategic financial reserve to encounter fluctuations and emergency situations in accordance with law. Article 83 Public loans shall be enacted by law. It is not allowed to engage in a project that requires spending funds from the Public Treasury during the next period unless approved by the Legislative Council. Article 84 1) The law shall regulate the special rules related to the monetary authority, banks, financial papers market, foreign exchange and insurance companies, and all financial and credit institutions. 2) The Governor of the Monetary Authority

Page 152 of 203 shall be appointed per a resolution issued by the President of the National Authority, and endorsed by the Palestinian Legislative Council. Article 85 The law shall determine the rules and special procedures for granting contracts related to the utilization of natural resources and public facilities. The law shall also explain the ways of dealing with state-owned real estate and other public and legal characters, or the rules and procedures organizing them. Article 86 The law shall determine the rules for granting wages, salaries, compensations, subsidies, and rewards incurring on the state‘s treasury. The law shall also regulate the entities responsible for their implementation. Further, no exceptional funds shall be spent unless within the limits specified legally. Article 87 A Financial and Administrative Auditing Bureau shall be established to provide financial and administrative oversight on all entities of the Executive Authority, including collection of public revenues, and spending therefrom within the limits of the general budget. The Bureau shall submit to the President of the National Authority, and to the Legislative Council an annual report – or upon request – about its works and observations. The Chief of the Financial and Administrative Bureau shall be appointed through a decision issued by the President of the National Authority, and endorsed by the Legislative Council. Chapter Five – The Judicial Authority Article 88 The Judicial Authority shall be independent, and shall be assumed by the different types and level of courts. The structure, jurisdiction, and rulings of the courts shall be in accordance with law. The rulings shall be announced and executed in the name of the Palestinian Arab People. Article 89 Judges shall be independent, and shall not be subject to any authority other than the authority of law while exercising their duties. No other authority may interfere in the judiciary or in the justice affairs. Article 90 1) Appointment, transfer, secondment, delegation, promotion, and questioning of judges shall be as prescribed in the Independence of Judiciary Law. 2) Judges can not be dismissed and their services can not be terminated unless as stipulated in the Independence of Judiciary Law. Article 91 A Supreme Judicial Council shall be created. The law shall specify its structure, jurisdiction, and operating rules. The Council shall be consulted about draft laws which regulate any affairs of the Judicial Authority to include Public Prosecution. Article 92 1) Sharia‘ affairs and personal status shall be assumed by Sharia‘ and religious courts in accordance with law. 2) Military Courts shall be established by special law. Such courts shall not have any jurisdiction beyond military affairs. Article 93 Administrative Courts may be established by a law to look through administrative disputes and disciplinary claims. The other jurisdictions of such court, and procedures followed before it shall be determined by law. Article 94 1) A High Constitutional Court shall be established by law to ensure: One) The constitutionality of laws, regulations, rules, and others. Two) Interpretation of Basic Laws and legislative texts Three) Settle jurisdiction disputes which arise between judicial entities and administrative entities that have judicial jurisdiction. 2) The law shall determine the way the High Constitutional Court is structured and composed, operating procedures to be followed, and the impact resultant from its rulings. Article 95 The Supreme Court shall assume temporarily all duties assigned to the administrative court and to the High Constitutional Court, unless they are within the jurisdiction of other judicial entities in accordance with applicable laws Article 96 Courts hearings shall be public unless a court decides to make them secret due to considerations related to public order or public morals. In all cases, judgment ―sentence‖ shall be pronounced in a public hearing. Article 97 Judicial sentences shall be implemented. Abstention or suspension of implementation in any manner shall be considered a crime that qualifies for imprisonment, or dismissal from position, if the accused individual is a public official or servant. The Plaintiff may file his case directly at the concerned court, and the National Authority shall guarantee a full compensation for him. Public Prosecution Article 98 1. The Attorney General shall be appointed through a decision issued by the President of the National Authority, based on a recommendation submitted by the Supreme Judicial Council, and endorsement of the Legislative Council. 2. The Attorney General shall handle and assume public cases in the name of the Palestinian Arab People. The jurisdiction, functions and duties of the Attorney General shall be determined by law. Article 99 1) The jurisdiction, functions, structure, and composition of the Public Prosecution shall be regulated by law. 2) The appointment, transfer, removal, and questioning of members of Public Prosecution shall be determined by law. Article 100 Execution sentence issued by any court shall not be implemented unless endorsed by the President of the

Page 153 of 203 Palestinian Executive Authority. Chapter Six – Rules of the State of Emergency Article 101 1) The President of the National Authority may declare a state of emergency by a decree when there is a threat to national security caused by war, invasion, armed insurrection, or at a time of natural disaster for a period not to exceed thirty (30) days. 2) The emergency state may be extended for another period of thirty (30) days by securing the approval of two thirds of the Legislative Council. 3) The decree declaring a state of emergency shall state its purpose, the territory to which it applies, and its duration. 4) The Legislative Council shall have the right to review all or some of the procedures which have been implemented during the emergency state at the first session to be convened after the announcement of the state of emergency, or in the extension session whichever comes earlier, and to conduct the necessary questioning in this regard. Article 102 It is not allowed, when declaring a state of emergency, to impose restrictions on the basic rights and freedoms, except to the level that is necessary to achieve the objective stated in the decree of the state of emergency Article 103 Any arrest resultant from the declaration of emergency situation shall be subject to the following minimum requirements: 1) Any detention done in accordance with the decree of the emergency situation, shall be reviewed by the Attorney General or by the concerned court during a period not exceeding fifteen (15) days from the date of detention. 2) The detained ―arrested‖ individual shall have the right to appoint a lawyer of his choice. Article 104 The Palestinian Legislative Council shall not be dissolved or suspended during the emergency situation, nor shall the provisions of this chapter be suspended. Article 105 All provisions which regulate the emergency states implemented in Palestine prior the implementation of this Basic Law shall be canceled, to include the mandate civil defense regulations issued in 1945. Chapter Seven – General and Transitional Provisions Article 106 The provisions of this Basic Law shall apply during the interim period, and can be extended until the implementation of the new constitution of the Palestinian State. Article 107 Laws shall be promulgated in the name of the Palestinian Arab People, and shall be published immediately in the official gazette . These laws shall come into force 30 days from the date of their publication unless the laws state otherwise. Article 108 The provisions of laws shall apply only to matters occurring as from the date on which they came into force. However, it can be stated otherwise in articles that are not punitive. Article 109 Law, regulations and decisions in force in Palestine before the implementation of this law, shall remain in force to the extent that they do not conflict with the provisions of this Basic Law, until they are amended or repealed in accordance with law. Article 110 Everything in contradiction with the provisions of this Basic Law shall be repealed. Article 111 The provisions of this Basic Law shall not be amended except with two thirds majority of the Members of the Legislative Council. Article 112 This Basic Law shall be effective as of publishing it in the official gazette.

Page 154 of 203

Palestine 2003 Amended Basic Law

2003 Amended Basic Law The Amended Basic Law. Ramallah: 2003. Bir Zeit Institute of Law: The Palestinian Legal and Judicial System “al-Muqtafi”. http://muqtafi.birzeit.edu/mainleg/14138.htm, accessed 13 December 2007. Issued in Ramallah on March 18, 2003 In the Name of God, the Merciful and the Compassionate. Introduction The continuous attachment of the Arab Palestinian people to the land of their fathers and forefathers, on which this people has historically lived, is a fact that has been expressed in the Declaration of Independence, issued by the Palestine National Council. The strength of this attachment is confirmed by its consistency over time and place, by keeping faith with and holding onto national identity, and in the realization of wondrous accomplishments of struggle. The organic relationship between the Palestinian people, their history and their land has confirmed itself in their unceasing effort to prompt the world to recognize the rights of the Arab Palestinian people and their national entity, on equal footing with other nations. The birth of the Palestinian National Authority in the national homeland of Palestine, the land of their forefathers, comes within the context of continuous and vigorous struggle, during which the Palestinian people witnessed thousands of their precious children sacrificed as martyrs, injured persons and prisoners of war, all in order to achieve their people‘s clear national rights, the foremost of which are the right of return, the right to self-determination and the right to establish an independent Palestinian state, with Jerusalem as a capital, under the leadership of the Palestine Liberation Organization, the sole, legitimate representative of the Arab Palestinian people wherever they exist. Within the framework of the interim period, resulting in the Declaration of Principles Agreement, the establishment of the Palestinian National Authority with its three pillars – the legislative, executive and judicial branches – became among the most urgent of national missions. The establishment of the Palestinian Legislative Council, through free and direct general elections, made the adoption of a Basic Law suitable for the interim period a necessary foundation upon which to organize the mutual relationship between the government and the people. It is a first step on the way to determining the distinguishing characteristics of a civil society capable of achieving its independence. At the same time, it is a basic foundation upon which to enact unifying legislation and law for the Palestinian national homeland. This Basic Law has established a firm foundation, representing the collective conscience of our people, including its spiritual components, its national faith and its nationalist loyalty. The titles of the Basic Law include a group of modern constitutional rules and principles that address public and personal rights and liberties in a manner that achieves justice

and equality for all, without discrimination. Further, they ensure the rule of law, strike a balance between the executive, legislative and judicial branches, and draw lines between their respective jurisdictions in a manner that ensures independence to each of them while coordinating their roles to achieve a high national interest that will serve as a guide to all. The enactment of this temporary Basic Law for a transitional and interim period constitutes a fundamental step towards the realization of the firm national and historical rights of the Arab Palestinian people. It shall not in any way whatsoever abrogate or cancel their right to continue to strive to achieve their rights of return and self-determination, including the establishment of a Palestinian state with Jerusalem (al-Quds al-Sharif) as its capital, which is the first shrine and the third mosque, to which the Prophet Muhammad,may peace be upon him, traveled by night, in the land of the nativity of Jesus,may peace be upon him. The provisional character of the Basic Law shall not abrogate the right of any Palestinian, wherever residing, to exercise equal rights with his/her fellow citizens on the soil of the homeland. This temporary Basic Law draws its strength from the will of the Palestinian people, their firm rights, their continuous struggle and the exercise of their democratic right – as represented in the election of the President of the Palestinian National Authority and the members of the Palestinian Legislative Council – to commence the organization and establishment of a sound, democratic and legislative life in Palestine. At the same time, the enactment and ratification of this law by the Legislative Council does spring from the fact that the Palestine Liberation Organization is the sole and legitimate representative of the Arab Palestinian people. Explanatory Memorandum for the Amended Basic Law Article 111 of the Basic Law provides the Legislative Council with the authority to amend the Basic Law by securing a majority vote of two-thirds of its members. The Council believes that it is necessary to amend the Basic Law to allow for the creation of the position of a Prime Minister in the Palestinian National Authority and to determine his powers and the legal and political controls that will regulate his work, as well as to define and clarify the form of the relationship between him and the President of the Palestinian National Authority and the legislative branch. This amendment requires rearrangement of some provisions of the original law. Accordingly, the title that deals with the powers of the President of the National Authority is now Title Three in the amended law. On the other hand, the title that deals with the legislative branch has been moved to a subsequent title, which is Title Four. As for Title Five, dealing with the Council of Ministers, it covers the formation of the government by the Prime Minister, the procedure for obtaining the confidence of the [Legislative] Council, the powers of the Council of Ministers and its head, and the relationship between the Prime Minister and the President of the National Authority. The Council decided during the review of the amended law that it would not be necessary to add provisions dealing with the Prime Minster‘s presentation of all matters related to the

or prevent the movement of any person. Article 14 An accused person is considered innocent until proven guilty in a court of law that guarantees the accused the right to a defense. which shall be exercised through the legislative. Article 11 1. on the grounds that this is a political tradition that does not require being put into a separate article in the text of the law. The law shall specify the period of prearrest detention. restrict the freedom. political views or disability. institutions and individuals shall be subject to the law. without distinction based upon race. Article 7 Palestinian citizenship shall be regulated by law. The Palestinian Legislative Council Title One Article 1 Palestine is part of the larger Arab world. No person shall be subject to any duress or torture. except in accordance with the law. 2. Any person accused in a criminal case shall be represented by a lawyer. Arab unity is an objective that the Palestinian people shall work to achieve. Indictees and all persons deprived of their freedom shall receive proper treatment. Article 3 Jerusalem is the capital of Palestine. They shall have the right to contact a lawyer and to be tried before a court without delay. Article 12 Every arrested or detained person shall be informed of the reason for their arrest or detention. shall be guaranteed and may not be violated. based upon political and party pluralism. color. based upon the principle of separation of powers and in the manner set forth in this Basic Law. agencies. Respect for the sanctity of all other divine religions shall be maintained. Title Two – Public Rights and Liberties Article 9 Palestinians shall be equal before the law and the judiciary.Page 155 of 203 formation. All statements or confessions obtained through violation of the provisions contained in paragraph 1 of this article shall be considered null and void. of the nature of the charges brought against them. sex. Article 10 1. Basic human rights and liberties shall be protected and respected. Article 15 Punishment shall be personal. resignation or dissolution of the cabinet to the President of the National Authority. The government shall be accountable to the President and to the Palestinian Legislative Council. 2. Punishment shall be imposed only by judicial order and shall apply only to actions committed after the entry into force of the law. broken into or searched. No person shall be subject to medical examination. search. Transplantation of human organs and new scientific developments shall be regulated by the law in order to serve legitimate humanitarian purposes. treatment or surgery. Article 17 Homes shall be inviolable. 2. Article 2 The people are the source of power. Article 16 It is unlawful to conduct any medical or scientific experiment on any person without prior legal consent. It shall be the official flag of the country. Ahmed Qurei’ (Abu Ala’)Speaker. Article 13 1. Article 5 The governing system in Palestine shall be a democratic parliamentary system. The principles of IslamicShari’a shall be a principal source of legislation. Article 4 1. Arabic shall be the official language. Imprisonment or detention shall only be permitted in places that are subject to laws related to the organization of prisons. They shall be promptly informed. executive and judicial authorities. they may not be subject to surveillance. 3. imprison. The President of the National Authority shall be directly elected by the people. in a language they understand. except by judicial order in accordance with the provisions of the law. Collective punishment is prohibited. religion. Article 6 The principle of the rule of law shall be the basis of government in Palestine. The Palestinian National Authority shall work without delay to become a party to regional and international declarations and covenants that protect human rights. 2. Personal freedom is a natural right. and the Palestinian people are part of the Arab nation. All governmental powers. Islam is the official religion in Palestine. except in accordance . It is unlawful to arrest. Article 8 The flag of Palestine shall be of four colors and in accordance with the dimensions and measurements approved by the Palestine Liberation Organization. Crime and punishment shall only be determined by the law.

Freedom of economic activity is guaranteed. disability and retirement insurance shall be regulated by law. Maintaining the welfare of families of martyrs. clubs and popular institutions in accordance with the law. guaranteed by this Basic Law. publish. both individually and in groups. The law shall guarantee the independence of universities. Education shall be free in public schools and institutions. Freedom of audio. 4. in accordance with the principle of equal opportunities. 4. together with the freedom of individuals working in 2. The Palestinian National Authority shall strive to provide work for any individual capable of performing it. Article 24 1. They shall have the following rights in particular: 1. Individuals who suffer from such violation shall be entitled to a fair remedy. Article 23 Every citizen shall have the right to proper housing. 2. 2. The Palestinian National Authority shall secure housing for those who are without shelter. societies. visual. Their financing resources shall be subject to the scrutiny of the law. health and social insurance. The National Authority shall encourage and support such creativity. within the limits of the law. Article 25 1. guaranteed by the Palestinian National Authority. To form and establish unions. in order to have representatives elected through universal suffrage in accordance with the law. Organization of unions is a right that shall be regulated by the law. 2. security. 2. shall be protected and may not be expropriated except in the public interest and for fair compensation in accordance with the law or pursuant to a judicial ruling. To vote. Article 19 Freedom of opinion may not be prejudiced.Page 156 of 203 with a valid judicial order and in accordance with the provisions of the law. and health and social benefits. institutes of higher education. Every citizen shall have the right to work. Establishment of newspapers and all media means is a right for all. Article 27 1. . Every citizen shall have the right to education. 4. 3. Article 21 1. and shall strive to upgrade the educational system. and to conduct public meetings. gatherings and processions. 3. The law shall define the rules governing its supervision and their limits. Confiscation shall be in accordance with a judicial ruling. Article 26 Palestinians shall have the right to participate in political life. health. Work relations shall be organized in a manner that guarantees justice to all and provides workers with welfare. and scientific research centers in a manner that guarantees the freedom of scientific research as well as literary. Private property. Social. Every person shall have the right to express his opinion and to circulate it orally. Article 22 1. 5. The National Authority shall supervise all levels of education and its institutions. 4. Private schools and educational institutions shall comply with the curriculum approved by the National Authority and shall be subject to its supervision. 3. To conduct private meetings without the presence of police members. 3. as well as freedom to print. prisoners of war. which is a duty and honor. worship and the performance of religious functions are guaranteed. the injured and the disabled is a duty that shall be regulated by law. The National Authority shall guarantee these persons education. It shall be compulsory until at least the end of the basic level. in writing or in any form of expression or art. both real estate and movable assets. The executive branch may establish public companies that shall be regulated by a law. artistic and cultural creativity. The economic system in Palestine shall be based on the principles of a free market economy. establish and join political parties in accordance with the law. associations. 2. Any consequences resulting from violations of this article shall be considered invalid. to nominate candidates and to run as candidates for election. distribute and transmit. The right to conduct a strike shall be exercised within the limits of the law. Article 18 Freedom of belief. Article 20 Freedom of residence and movement shall be guaranteed within the limits of the law. To form. To hold public office and positions. provided public order or public morals are not violated. and written media. with due consideration to the provisions of the law.

Not to be exploited for any purpose whatsoever. and be treated in a manner that is appropriate to their age and aims at their rehabilitation. Article 35 Before assuming office. if accepted by two-thirds of its members. confiscation. 2. 3. Article 29 Maternal and childhood welfare are national duties. of the sanctity of the private life of human beings. 2. cancellation or restriction shall be imposed upon the media except by law. Censorship of the media shall be prohibited. as per a ruling issued by the High Constitutional Court and subsequently approved by a majority of two-thirds of the members of the Legislative Council. duties and jurisdiction. . Comprehensive protection and welfare. suspension. health or education. Not to be subjected to beating or cruel treatment by their relatives. b. If the office of the President of the National Authority becomes vacant due to any of the above cases. Laws may not contain any provisions that provide immunity to any administrative decision or action or against judicial review. 4. Article 33 The enjoyment of a balanced and clean environment is a human right. shall be guaranteed by this Basic Law and other related laws. after which the President shall be elected in accordance with the law. Resignation submitted to the Palestinian Legislative Council. prevented or prohibited from returning to or leaving it. 3.Page 157 of 203 this field. Title Three – The President of the Palestinian National Authority Article 34 The President of the Palestinian National Authority shall be elected in a general and direct election by the Palestinian people. The National Authority shall guarantee a fair remedy to those who suffer from such damage. or of any of the rights or liberties that have been guaranteed by law or by this Basic Law shall be considered a crime. The commission shall submit its reports to the President of the National Authority and to the Palestinian Legislative Council. Litigation procedures shall be organized by law to guarantee prompt settlement of cases. and not to be permitted to perform work that might damage their safety. deprived of his citizenship. as God is my witness. Article 32 Any violation of any personal freedom. Article 28 No Palestinian may be deported from the homeland. or handed over to any foreign entity. The preservation and protection of the Palestinian environment from pollution for the sake of present and future generations is a national duty. Article 38 The President of the National Authority shall exercise his executive duties as specified in this law. c. Criminal and civil cases resulting from such violations may not be subject to any statute of limitations. to the people and its national heritage. in accordance with the Palestinian Election Law. and pursuant to a judicial ruling. Loss of legal capacity. Judicial error shall result in a remedy by the National Authority. the Almighty. Submitting a case to court is a protected and guaranteed right for all people. during which free and direct elections to elect a new President shall take place in accordance with the Palestinian Election Law. Article 39 The President of the National Authority is the Commander-inChief of the Palestinian Forces. to respect the constitutional system and the law. Article 30 1. Protection from harmful and cruel treatment. 5. Article 31 An independent commission for human rights shall be established pursuant to a law that will specify its formation. Each Palestinian shall have the right to seek redress in the judicial system. the Speaker of the Palestinian Legislative Council shall temporarily assume the powers and duties of the Presidency of the National Authority for a period not to exceed sixty (60) days. Death. 3. Conditions and methods of such remedy shall be regulated by law. to be faithful to the homeland and to its sacred places. 2. The office of the President shall be considered vacant in any of the following cases:a. Article 37 1. the President shall take the following oath before the Legislative Council and in the presence of the Speaker of the Palestinian National Council and the President of the High Court: “I swear by God. No warning.” Article 36 The term of the presidency of the National Authority shall be the interim phase. Children shall have the right to: 1. To be segregated – in cases where they are sentenced to a penalty that deprives them of their freedom – from adults. and to safeguard the interests of the Palestinian people completely.

2. to issue decrees that have the power of law. Article 49 Before commencing work. they shall make up the Office of the Legislative Council. Article 42 The President of the National Authority has the right to grant special pardons or to commute sentences. The Palestinian Legislative Council is the elected legislative authority. Security personnel may not be present in the Council premises unless requested by the Speaker or by a Committee Chair. Article 41 1. If the President of the National Authority returns the proposed law to the Legislative Council in conformity with the time limit and conditions specified in the previous paragraph. to be faithful to the homeland. and to perform my duties in the best manner. two Deputies to the Speaker. facts they mention. the Council shall elect a Speaker. international organizations and foreign agencies. Title Four – The Legislative Authority Article 47 1. Article 43 The President of the National Authority shall have the right. then they shall cease to have the power of law. to respect the law. . as well as procedures for questioning its Members. The Legislative Council shall be composed of eightyeight (88) Members elected in accordance with the law. 2. If the position of one or more Members becomes vacant due to death. otherwise they will cease to have the power of law. Article 46 The Council of Ministers shall assist the President in the performance of the President‘s duties and exercise of powers. general amnesties or amnesties for crimes may not be granted except by law. and a Secretary-General. partial elections shall be conducted in the relevant district to elect a successor. Otherwise. However. Article 44 The President‘s salary. If the Council passes the law a second time by a majority of two-thirds of its members. the proposed law shall be considered approved and shall be immediately published in theOfficial Gazette. but are not approved by the latter. their voting in Council sessions or committee meetings. The Council shall be solely responsible for maintaining order and security during sessions and committee meetings. allowances and remuneration shall be determined by law. The President shall have the right to dismiss the Prime Minister or to accept his resignation and to request him to convene the Council of Ministers. The President shall accept the credentials of foreign delegates to the Palestinian National Authority. as God is my witness. to preserve the rights and interests of the people and the nation. Together. 3. resignation or loss of capacity. in a manner that does not contradict the provisions of this Basic Law or general constitutional principles. insofar as they do not contradict the provisions of this law. 2. Article 51 The Council shall accept the resignation of its Members and establish its own Standing Orders. Article 52 The President of the Palestinian National Authority shall open the first ordinary session of the Council and deliver an opening address. as mentioned above. every Member shall take the following oath before the Council: “I swear by God. or Minister. Article 45 The President of the National Authority shall appoint the Prime Minister and authorize the latter to constitute his government. or because of any action they undertake outside the Council in the course of performing their parliamentary duties. Article 53 1. in accordance with the law. The President of the National Authority shall promulgate the laws voted by the Palestinian Legislative Council within thirty (30) days of their transmittal to him. as the circumstances may require. the law will be deemed promulgated and will be published in theOfficial Gazette. the Council shall debate the law again. The Legislative Council shall assume its legislative and oversight duties as prescribed in its Standing Orders. in the manner stipulated in this Basic Law. or any other governmental position. These decrees shall be presented to the Legislative Council in the first session convened after their issuance. Article 48 1. It shall not be permitted to be a member of the Office and hold at the same time the position of President of the National Authority. in cases of necessity that cannot be delayed.Page 158 of 203 Article 40 The President of the National Authority shall appoint and terminate the services of the National Authority‘s delegates to foreign countries. Council Members may not be questioned in civil or criminal proceedings due to opinions they express. The term of this Council shall be the interim period.” Article 50 In its first meeting. the Almighty. If these decrees are presented to the Legislative Council. and when the Legislative Council is not in session. The President may refer a law back to the Legislative Council with his observations and the reasons of his objection within the same period.

4. Following an interpellation. Immunity shall not lapse after membership in the Council ceases but shall be subject to the limits prevailing during the membership period. No Member shall be interfered with in any manner. or subsequently. . These statements shall be kept in sealed confidential envelopes at the High Court of Justice and may not be accessed unless permitted by the Court and within the limits it allows. 2. Article 59 The Legislative Council shall approve the General Development Plan. A decision may be issued by approval of the majority of the Council‘s Members. nor shall any search be made of a Member‘s luggage. Article 57 1. the seven-day period can be shortened to 3. To propose laws. The Office of the Council shall assume this responsibility if the Council is not in session. 3. unless the addressee agrees to reply immediately or within a shorter period. to any Minister or to others of similar rank. Article 60 The law shall regulate the specific rules governing the preparation and approval of the general budget and disbursement of funds appropriated in it. Article 54 1.Page 159 of 203 2. as well as any attached budgets. unless the Member voluntarily agrees to do so and has the prior consent of the Council. their spouse and their minor children that detail their wealth. and budgets for any project in which the government‘s investment comprises at least 50% of its capital. developmental budgets. A Member of the Legislative Council may not exploit Council membership in any type of private business or in any manner whatsoever. 2. Rejected proposals may not be resubmitted within the same term. The Legislative Council shall convene a special session to discuss the annual draft budget. as well as debts. three days in urgent cases and with the approval of the President of the National Authority. The Council‘s voting on the general budget shall be title by title. within a period not exceeding one month from the date of receipt. including real estate and movable property both inside Palestine and abroad. Article 56 Each Member of the Council shall have the following rights: 1. Transfer of funds between the various budget titles is not permitted unless it is agreed upon between the Legislative Council and the Executive branch. The law shall specify the way to prepare and present the Plan to the Council. throughout the period of immunity. place of residence. However. 5. 2. The Council shall be notified immediately about measures taken against a Member so that the Council may decide upon its proper course of action in the matter. To submit to the executive branch all legitimate requests necessary to enable the Member to carry out parliamentary functions. car. 2. or any real estate or movable property belonging to the Member. Withdrawal of confidence shall result in termination of the term of the party from whom confidence was withdrawn. 3. The government shall present the draft budget to the Legislative Council at least two months prior to the start of the fiscal year. statements or information obtained as a result of membership in the Council. Members of the Legislative Council shall present financial statements for themselves. office. Interpellations may only be discussed seven days after submission. to testify on any subject regarding Council-related actions. It shall either ratify it with the necessary amendments prior to the start of the new fiscal year or send it back to the government. No Member of the Legislative Council shall be required during the period of membership. home. To address inquiries and interpellations to the government. 4. Voting on such a request may not be held earlier than three days after submission. budgets for public institutions and services. Article 61 Taking into consideration the provisions of Article 90 of this Basic Law: 1. Article 58 The Council may form special committees or entrust one of its committees to conduct information gathering and fact-finding regarding any public matter or regarding any public institution. Article 55 A Member of the Legislative Council shall receive a monthly salary determined by law. A Member of the Legislative Council shall not relinquish parliamentary immunity without the prior permission of the Council. The returned draft budget shall include the Council‘s observations so that its requirements can be fulfilled and the draft budget resubmitted to the Legislative Council for approval. a minimum of ten Members of the Council may submit a request to withdraw confidence from the government or from any Minister. No penal measures shall be taken against any Member of the Legislative Council unless a Member is found red-handed in the commission of a crime.

To sign and issue regulations approved by the Council of Ministers. 3. as well as to coordinate between them. Article 67 After obtaining the vote of confidence and before assuming their offices. stipulated in Article 35 of this Basic Law. 4. 5. Except for the executive powers of the President of the National Authority. Once appointed by the President of the Palestinian National Authority. The Council of Ministers shall comprise a Prime Minister and a number of Ministers. or when necessary. then the President of the National Authority shall appoint another Prime Minister within two weeks of the passing of the deadline or the date of the confidence session. The Prime Minister shall appoint a Minister to serve as deputy and to assume the duties of the Prime Minister. There shall be a right to an extension of a maximum of two weeks. executive and administrative powers shall be within the competence of the Council of Ministers. 7. the Prime Minister and members of the government shall take the constitutional oath. the Prime Minister shall submit a request to the Legislative Council to hold a special session for a vote of confidence. Confidence in the Government Article 66 1. 6. Article 64 1. it shoulders the responsibility for implementing the program that has been approved by the legislative branch. 2. 4. to dismiss or accept the resignation of any of its members. if the Prime Minister is absent. 6. The vote of confidence shall take place after hearing and discussing the written ministerial declaration which specifies the program and policy of the government. before the President of the National Authority. set its structure and provide it with all necessary means. To preside over sessions of the Council of Ministers. 3. taking necessary actions in this regard. The Council shall vote on the final accounts title by title. Formation of the Government Article 65 1. or upon a request from the President of the National Authority. as specified in this Basic Law. 2. To issue necessary decisions within the Prime Minister‘s competence in accordance with the law. To form or modify the composition of the Council of Ministers. Confidence shall be granted to the government if it obtains the affirmative vote of the absolute majority 2.Page 160 of 203 Article 62 The final accounts of the National Authority‘s budget shall be presented to the Legislative Council no later than one year after the end of the fiscal year. the Prime Minister shall form a government within three weeks of the date of appointment. To prepare the general budget for presentation to the Legislative Council. To convene the Council of Ministers for weekly meetings. whichever applies. To manage the affairs of the Council of Ministers. The session shall be held no later than one week from the date of submission of the request. 8. If the Prime Minister fails to form a government within the stated deadline or does not obtain the confidence of the Legislative Council. as well as to supervise it and follow up on it. To follow up on the implementation of laws and to ensure compliance with their provisions. of the Members of the Palestinian Legislative Council. . unless the absolute majority of the members of the Legislative Council decides otherwise. Once the Prime Minister selects the members of the government. To devise general policies within the limits of its jurisdiction and in light of the ministerial program approved by the Legislative Council. 2. The vote of confidence shall be cast for the Prime Minister and the members of the government together. To oversee the work of the Ministers and public institutions dependent on the government. 5. or to fill a vacant position. Provisions contained in the above paragraph 1 shall apply to the new Prime Minister. To implement general policies adopted by the relevant Palestinian authorities. 3. 2. Powers of the Prime Minister Article 68 The Prime Minister shall exercise the following powers: 1. Title Five – The Executive Authority Article 63 The Council of Ministers (the ―government‖) is the highest executive and administrative instrument. not to exceed twenty-four (24) in number. as well as to set its agenda. To prepare the administrative apparatus. The appointment shall identify to which Ministry each Minister shall be assigned. Powers of the Council of Ministers Article 69 he Council of Ministers shall exercise the following powers: 1. To supervise the performance of the ministries and all other components of the administrative apparatus in respect of their duties and functions.

or due to. whenever necessary. that report to the executive branch. Accountability of the Prime Minister and Ministers Article 74 1. Ministers are accountable to the Prime Minister. A minimum of ten Members of the Legislative Council may submit a request to the Speaker to hold a special session to withdraw confidence from the government or from any Minister after an investigation. The termination of service shall not prevent continuing the investigation or follow-up procedures. the Council of Ministers shall meet periodically every week. To be responsible for maintaining public order and internal security. 4. plans and achievements of their respective ministry in comparison with the objectives specified for the ministry within the framework of the General Plan. the performance of official duties. in accordance with the provisions of law. Article 72 Each Minister shall submit detailed reports to the Council of Ministers on the activities. 2. agencies and institutions. including the ministry‘s proposals and recommendations concerning its future policies. within limits set by the law. 3. Article 71 Each Minister shall exercise the following powers and functions within their respective ministry: 1. Meetings of the Council of Ministers Article 73 1. (a) To establish or dissolve agencies. To discuss with various governmental bodies relevant to paragraphs 6 and 7 above their proposals and policies with regard to implementation of their respective responsibilities. 10. The meetings of the Council of Ministers shall be documented. Article 75 1. To propose the general policy for the ministry and to supervise its implementation after approval. in accordance with the provisions of the law. 11. Upon invitation of the Prime Minister. To assume any other responsibility assigned to it. To propose bills and legislation related to the ministry and to present them to the Council of Ministers. or a representative from the Public Prosecution. Vote of No Confidence Article 77 1. 5. authorities and similar administrative units belonging to the executive apparatus of the government. so that the Council of Ministers remains well informed and has sufficient information about the activities and policies of each ministry. These reports shall be submitted regularly every three months. in accordance with the provisions of law. policies. To supervise the conduct of affairs in the ministry and to issue necessary instructions therefore. 2. A Minister may delegate certain powers to a Deputy Minister or to other senior officers in the ministry. 9. The Prime Minister is accountable to the President of the National Authority for his actions and the actions of his government. 3. Assistant Ministers and others of similar rank. The Prime Minister shall have the right to refer any Minister for investigation based on any of the reasons mentioned in the above paragraph 1. and to supervise them in accordance with the provisions of the law. to issue regulations and to take necessary actions to implement laws. The Prime Minister and members of the government are jointly and individually accountable to the Legislative Council. The President of the National Authority shall have the right to refer the Prime Minister for investigation as a result of crimes attributed to the Prime Minister during. it shall be conducted before an appropriate tribunal and shall follow the provisions and procedures prescribed in the Penal Code and in the Law of Criminal Procedure. Any accused Minister shall be suspended from the performance of official duties immediately upon the issuance of an indictment.Page 161 of 203 7. The above provisions shall apply to Deputy Ministers. unless there is a prior invitation from the Prime Minister. 2. If a trial ensues. The session shall not be held later than two weeks after the date of the request. To specify the respective areas of responsibilities of all ministries. . or 2. Article 76 1. institutions. shall undertake the investigation and indictment procedures. 8. 3. provided that each shall be regulated by law. each within the limits of their jurisdiction and for the actions of their respective ministry. The date of the first session shall be specified three days after the date of submitting the request. The Attorney General. 2. and others of similar status. (b) To appoint heads of institutions and agencies mentioned above in subparagraph (a). 2. To implement the general budget within the funds allocated for the ministry. Article 70 The Council of Ministers shall have the right to transmit draft laws to the Legislative Council. Persons other than Ministers may not attend these meetings.

for a vote of confidence in accordance with the provisions of this article. In case the Legislative Council casts a vote of no confidence in one or more members of the government. 3. Remuneration and Allowances of Prime Minister and Ministers Article 81 Remuneration and allowances for the Prime Minister. with complete respect for rights and freedoms. they will temporarily exercise their powers in the capacity of a caretaker government. Upon the resignation of the Prime Minister. Upon the commencement of a new term of the Legislative Council. bonds. or dismissal that involves at least one-third of the Council of Ministers. (a) Any addition or change that affects a portfolio. be board members in any company. or in the Prime Minister and the members of the government collectively. cash money and debts. Local Administration . Ministers and others of similar rank shall be determined by the law. their spouse and their minor children that details what they own in real estate. casts a vote of no confidence in the Prime Minister. stocks. Their functions are limited to defending the country. provided that it takes place within two weeks of the date of the no confidence vote. or the filling of a vacancy. They shall perform their duties within the limits prescribed by law. the Prime Minister shall present the new member or members to the following session. a Minister. The Security Forces and the Police are regular forces. for any reason. A vote of no confidence in the Prime Minister and the government shall result in the termination of their term. protecting society and maintaining public order. to the President of the National Authority. 2. or the resignation of one-third or more of the members of government. After a vote of no confidence in the Prime Minister. 6. serving the people. the addition of a Minister. or receive a salary or any other financial reward or remuneration from any person in any capacity whatsoever. Upon the death of the Prime Minister. Financial Liability of Members of Council of Ministers Article 80 1. Upon the dismissal of the Prime Minister by the President of the National Authority. 3. Article 83 The government shall be considered dissolved and shall be reformed in accordance with the provisions of this title in the following cases: 1. so long as it affects less than one-third of the members of the Council of Ministers. by an absolute majority. Security Forces and Police Article 84 1. movable property. 4. security and public morals. or more than a Minister shall be considered a ministerial reshuffle. 4. whether inside Palestine or abroad. 5. A vote of no confidence in the Prime Minister and the government shall require an absolute majority of the Members of the Palestinian Legislative Council. The Prime Minister and each Minister shall submit a financial statement for themselves. who shall make the necessary arrangements to maintain their secrecy. Upon any addition. Upon the completion of the term of the Prime Minister and the government. Article 79 1. They are the armed forces in the country. 2. 3. nor may they. or have a financial interest in any contract concluded with any governmental or administrative body. other than the single salary determined for Ministers and the relevant allowances. Neither the Prime Minister nor any of the Ministers shall assume their duties until they have obtained the confidence of the Legislative Council. Such information shall remain confidential and may not be accessed unless permitted by the High Court when necessary. during which they may make decisions only insofar as they are necessary for the conduct of executive affairs until a new government is formed. during their terms of office. or in onethird or more of the total number of Ministers. in the Prime Minister and the government. the President of the National Authority shall present a new Prime Minister who will take over from the former within a period not to exceed two weeks from the date of the vote of no confidence. 2. or practice commerce or any other profession. In case the Legislative Council. (b) Upon a ministerial reshuffle. The new Prime Minister shall be subject to the provisions of this title. Neither the Prime Minister nor any Minister may purchase or lease any property belonging to the State or to any public entity.Page 162 of 203 Article 78 1. vacancy. the new Minister or Ministers shall be presented at the very next session of the Legislative Council. change. The law shall regulate the Security Forces and the Police. Article 82 The appointed Prime Minister and all Ministers shall be Palestinians who enjoy full civil and political rights. 2. which shall occur no later than two weeks from the date of the reshuffle or the occurrence of the vacancy. 2.

Article 95 The law shall specify the rules for granting wages. Title Six – The Judicial Authority Article 97 The judicial authority shall be independent and shall be exercised by the courts at different types and levels. 2.Page 163 of 203 Article 85 1. amended and repealed only by law. the Palestinian National Authority may form a strategic financial reserve. economic and political parameters shall be taken into consideration at the time of defining the administrative divisions so as to preserve the territorial unity of the homeland and the interests of the communities therein. Demographic. for each month. the securities market. 2. A Financial and Administrative Auditing Bureau shall be established by law to provide financial and administrative oversight to all apparatus and bodies of the National Authority. shall be in accordance with the law. pensions. Each unit shall have a council elected directly. duties. The law shall organize the country into local administrative units. The law shall also detail the ways and means of dealing with real estate owned by the state and other public legal personalities. The Civil Service Department shall. It is not permitted to commit to a project which would require spending funds from the Public Treasury at a later stage unless approved by the Legislative Council. Article 90 The law shall specify the beginning and the end of the fiscal year. Article 89 The law shall state the provisions concerning the collection of public funds and the procedures for spending therefrom. subsidies and allowances incurring to the state‘s treasury. Article 87 The law shall regulate all affairs related to civil service. about its work and observations. 3. No exceptional funds shall be spent except within limits specified legally. All revenues received – including taxes. banks. Article 96 1. The Bureau shall submit to the President of the National Authority and to the Legislative Council a report annually. which shall enjoy juridical personality. foreign exchange and insurance companies and all financial and credit institutions. within the limits of the budget. except in circumstances prescribed by law. or upon request. If the public budget is not approved by the beginning of the new fiscal year. The law shall regulate the Monetary Authority. Public Finance Article 88 Public taxes and duties shall be imposed. In accordance with the provisions of law. Article 93 1. 2. their relations with the central authority and their role in the preparation and implementation of development plans. 3. their financial resources. The law shall specify the areas of responsibility of the local administrative units. The Governor of the Monetary Authority shall be appointed per a decision issued by the President of the National Authority and endorsed by the Palestinian Legislative Council. which shall include monitoring the collection of public revenues and spending therefrom. grants and profits accruing to the Palestinian National Authority from managing its property or activities – shall be paid to the Public Treasury. No part of the Public Treasury funds may be allocated or spent for any purpose whatsoever except in accordance with the law. to encounter fluctuations and emergency situations. expenditures shall continue on the basis of a monthly allocation of one-twelfth (1/12) of the previous fiscal year‘s budget. geographic. The law shall determine the way they are constituted and their jurisdiction. loans. remuneration. upgrade and develop public administration. The law shall specify the aspects of oversight over these units and their various activities. as prescribed by law. in coordination with the relevant governmental bodies. and shall regulate the public budget. and the rules and procedures regulating them. The Chief of the Financial and Administrative Auditing Bureau shall be appointed pursuant to a decision issued by the President of the National Authority and endorsed by the Palestinian Legislative Council. and the conditions of their employment. The law shall also specify the bodies that will be responsible for their implementation. No one may be totally or partially exempted. They shall issue their rulings in accordance with . Article 92 Public borrowing shall be concluded by law. Article 94 The law shall specify rules and procedures for granting privileges or imposing obligations related to the utilization of natural resources and public facilities. Its advice shall be sought upon drafting laws and regulations that deal with public administration and civil servants. 2. Article 91 1. Public Administration Article 86 The appointment of all public officials and governmental staff.

4. and procedures to be followed before them. the region to which it applies and its duration. shall come under the jurisdiction ofShari’a and religious courts. and its jurisdiction. In all cases. Refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. Title Seven – State of Emergency Provisions Article 110 1. Article 101 1. based upon a nomination submitted by the High Judicial Council. in accordance with applicable laws. shall be specified by the law. No other authority may interfere in the judiciary or in judicial affairs. the operating procedures it will follow and the effects resulting from its rulings. The Attorney General shall be appointed pursuant to a decision issued by the President of the National Authority. The Public Prosecution Article 107 1. in the name of the Palestinian Arab people. secondment. for a period not to exceed thirty (30) days. Any other jurisdiction of such courts. The President of the National Authority may declare a state of emergency by decree when there is a threat to national security caused by war. Article 109 A death sentence pronounced by any court may not be implemented unless endorsed by the President of the Palestinian National Authority. Article 102 Administrative courts may be established by law. Judicial rulings shall be announced and executed in the name of the Palestinian Arab people. at the first session convened after the declaration of the state of 2. The aggrieved party may file a case directly to the competent court and the National Authority shall guarantee a fair remedy for him. to consider administrative disputes and disciplinary claims. in accordance with the law. The jurisdiction. 3. (c) Settlement of jurisdictional disputes which might arise between judicial entities and administrative entities having judicial jurisdiction. Such courts may not have any jurisdiction beyond military affairs. Appointment. unless they fall within the jurisdiction of other judicial entities. Article 100 A High Judicial Council shall be created. Article 99 1.Page 164 of 203 the law. Article 98 Judges shall be independent and shall not be subject to any authority other than the authority of the law while exercising their duties. The decree declaring a state of emergency shall state its purpose. its responsibilities and its operating rules. including the Public Prosecution. (b) The interpretation of the Basic Law and legislation. Judges may not be dismissed except in cases that are allowed in the Judicial Authority Law. the sentence shall be pronounced in a public hearing. The law shall specify the way it is constituted. Article 108 1. functions and duties of the Attorney General shall be specified by law. The state of emergency may be extended for another period of thirty (30) days if a two-thirds majority of the members of the Legislative Council vote in favor of the extension. . The High Judicial Council shall be consulted about draft laws relating to the Judicial Authority. Article 105 Court hearings shall be public. The Attorney General shall handle and assume public cases. delegation. Article 106 Judicial rulings shall be implemented. transferring and dismissing members of the Public Prosecution service and the rules of their accountability. armed insurrection or in times of natural disaster. 2. 2. A High Constitutional Court shall be established by law to consider: (a) The constitutionality of laws. invasion. regulations. 2. The law shall specify the manner of forming the Public Prosecution service. The law shall specify the manner in which the High Constitutional Court is formed and structured. Article 104 The High Court shall temporarily assume all duties assigned to administrative courts and to the High Constitutional Court. unless a court decides to make themin camera due to considerations related to public order or public morals. Article 103 1. transfer. The law shall determine the conditions for appointing. Matters governed byShari’a law and matters of personal status. and other enacted rules. 2. Military courts shall be established by special laws. 2. The Legislative Council shall have the right to review all or some of the procedures and measures adopted during the state of emergency. promotion and questioning of judges shall be as prescribed in the Judicial Authority Law.

Article 117 Laws shall apply only to that which occurs after their entry into force. and to conduct the necessary interpellation in this regard. Article 111 It is not allowed to impose restrictions on fundamental rights and freedoms when declaring a state of emergency except to the extent necessary to fulfill the purpose stated in the decree declaring the state of emergency. Article 121 This Amended Basic Law shall be effective as of its publication in theOfficial Gazette. within a time period not to exceed fifteen (15) days from the date of detention. until they are amended or repealed. The detained individual shall have the right to select and appoint a lawyer. Title Eight – General and Transitional Provisions Article 115 The provisions of this Basic Law shall apply during the interim period and may be extended until the entry into force of the new Constitution of the State of Palestine. nor shall the provisions of this title be suspended. whichever comes earlier. Article 112 Any arrest resulting from the declaration of a state of emergency shall be subject to the following minimum requirements: 1. Article 118 Laws. except for penal matters. Any detention carried out pursuant to a state of emergency decree shall be reviewed by the Attorney General. Article 114 All provisions regulating states of emergency that were applicable in Palestine prior to the entry into force of this Basic Law shall be cancelled. 2. Article 119 All legal provisions that contradict the provisions of this Amended Basic Law are repealed. It may be stipulated otherwise when necessary. Article 116 Laws shall be promulgated in the name of the Palestinian Arab people and shall be published immediately in theOfficial Gazette. Article 120 The provisions of this Amended Basic Law may not be amended except by a majority vote of at least two-thirds of the members of the Palestinian Legislative Council. or by the appropriate court. . regulations and decisions in force in Palestine before the implementation of this law shall remain in force to the extent that they do not contradict the provisions of this Basic Law. Article 113 The Palestinian Legislative Council may not be dissolved or its work hindered during a state of emergency. including the [British] Mandate Defense (Emergency) Regulations issued in the year 1945. in accordance with the law. unless the law states otherwise.Page 165 of 203 emergency or in the extension session. These laws shall come into force thirty (30) days from the date of their publication.

shall be amended so as to become as follows: Article 36 The term of the presidency of the National Authority shall be four years. Article 3 This Law shall be effective as of its publication in the Official Gazette. Article 47 – Clause 3 The term of the Legislative Council shall be four years from the date of its being elected and the elections shall be conducted once each four years in a regular manner. Promulgated in the City of Gaza on August 13.b irzeit. 2005. provided that he shall not occupy the position of the presidency more than two consecutive terms.archive. I hereby promulgate the following Law: Article 1 Articles 36. and 55 of the Amended Basic Law of 2003 A. the vacancy shall be occupied in accordance with the provisions of the Elections Law. the provision of which shall be as follows: Article 47 bis The term of the current Legislative Council shall terminate when the members of the new elected Council take the constitutional oath. and In the name of the Palestinian People. Bir Zeit Institute of Law: The Palestinian Legal and Judicial System ”al-Muqtafi”. Based upon what the Legislative Council approved during its session. In the event the position of a member of more than a member of the Legislative Council becomes vacant. which shall determine the number of members. rights and obligations of the members of the Legislative Council and Ministers shall be determined by law. Gaza: 2005..htm.D. electoral constituencies and electoral system. 48. access via The Wayback Machine 13 December 2007 Concerning the Amendment some of the Provisions of the Amended Basic Law of 2003. The Chairman of the Executive Committee of the Palestine Liberation Organization.org/web/20070608180556/http://muqtafi.D. Having reviewed the Amended Basic Law of 2003 A.D. free and direct elections in accordance with the provisions of the Elections Law.D.D. which convened on July 27th. 47/Clause 3 thereunder. Based upon what the public interest necessitates.H.edu/data/txt/2005/14860. Concerning the Amendment some of the Provisions of the Amended Basic Law of 2003. 1426 A. particularly Article (120) thereof. 2005 A. Article 55 Allocations. http://web. Article 48 The members of the Legislative Council shall be elected in general.D. The President of the Palestinian National Authority. The President shall have the right to nominate himself for a second term of presidency. Corresponding to Rajab 8. Article 2 A new article under number (47 bis) shall be added to the Amended Basic Law of 2003 A. Mahmoud Abbas Chairman of the Executive Committee of the Palestine Liberation Organization President of the Palestinian National Authority . A.Page 166 of 203 Palestine 2005 Amendments to Basic Law 2005 Amendment to the Basic Law The Basic Law of 2005 A...

Chapter 1 General Principles Article 1 The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion. His Messenger. (c) The King chooses the Heir Apparent and relieves him of his duties by Royal order. God's prayers and peace be upon him. respect forand implementation of the law. and love of and pride in the homeland and its glorious history as the Islamic faith stipulates. are its constitution. and to provide the right conditions for the growth of their resources and capabilities. Article 8 [Government Principles] Article 2 The state's public holidays are Id al-Fitr and Id al-Adha. and loyalty and obedience to God. (e) The Heir Apparent takes over the powers of the King on the latter's death until the act of allegiance has been carried out. Article 7 Government in Saudi Arabia derives power from the Holy Koran and the Prophet's tradition. consultation.Page 167 of 203 Saudi Arabia Saudi Arabia . Article 3 The state's flag shall be as follows: (a) It shall be green. Government in the Kingdom of Saudi Arabia is based on the premise of justice. on mutual cooperation in good deeds and piety and mutual support and inseparability. maintain its Arab and Islamic values and care for all its members. Abd al-Aziz Bin Abd al-Rahman al-Faysal Al Sa'ud. (b) Its width shall be equal to two-thirds of it's length. Article 4 The state's emblem shall consist of two crossed swords with a palm tree in the upper space between them. and its members shall be brought up on the basis of the Islamic faith. { Adopted on: March 1992 } { Adopted by Royal decree of King Fahd } { ICL Document Status: Oct 1993 } Article 6 Citizens are to pay allegiance to the King in accordance with the holy Koran and the tradition of the Prophet. (d) The Heir Apparent is to devote his time to his duties as an Heir Apparent and to whatever missions the King entrusts him with. The statute shall define the state's anthem and its medals. The statute shall define the rules pertaining to it. The most upright among them is to receive Article 12 . (b) Rule passes to the sons of the founding King. in the Kingdom of Saudi Saudi society will be based on the principle of adherence to God's command. and to their children's children. God's Book and the Sunnah of His Prophet. Chapter 2 [Monarchy] Article 11 Article 5 (a) The system of government Arabia is that of a monarchy . Its calendar is the Hegira calendar.Constitution allegiance in accordance with the principles of the Holy Koran and the Tradition of the Venerable Prophet. and to guardians. in submission and obedience. Arabic is its language and Riyadh is its capital. (c) The words "There is but one God and Mohammed is His Prophet" shall be inscribed in the center with a drawn sword under it. in times of ease and difficulty. Chapter 3 Features of the Saudi Family Article 9 The family is the kernel of Saudi society. Article 10 The state will aspire to strengthen family ties. fortune and adversity. and equality in accordance with the Islamic Shari'ah.

it supports the system of social security and encourages institutions and individuals to contribute in acts of charity. it provides security and care for those who come to perform the pilgrimage and minor pilgrimage in them through the provision of facilities and peace. illness and disability. Article 23 [Islam] The state protects Islam. The state works to construct and serve the Holy Places. on the surface or in national territorial waters. literature and culture. in the land or maritime domains under the state's control. Article 22 Economic and social development is to be achieved according to a just and scientific plan. Taxes and fees are to be imposed on a basis of justice and only when the need for them arises. and developing such wealth in the interests of the state. capital. Article 26 [Human Rights] The state protects human rights in accordance with the Islamic Shari'ah. The state has an obligation to protect it and both citizens and residents are to safeguard it. Article 21 Alms tax is to be levied and paid to legitimate recipients. and to consolidate its relations with friendly states. it implements its Shari'ah. Article 28 [Work] The state provides job opportunities for who-ever is capable of working. its security and economy. and labor are essential elements in the Kingdom's economic and social being. Article 17 Property . Article 19 Public confiscation of money is prohibited and the penalty of private confiscation is to be imposed only by a legal order. are the property of the state as defined by law. Article 27 [Welfare Rights] The state guarantees the rights of the citizen and his family in cases of emergency. sedition and separation. Article 18 The state protects freedom of private property and its sanctity. protecting. it fulfills the duty regarding God's call. Article 24 [Holy Places] Article 15 No privilege is to be granted and no public resource is to be exploited without a law. amendment. in which case fair compensation is due. and the state will prevent anything that may lead to disunity. and in old age.Page 168 of 203 The consolidation of national unity is a duty. Article 25 [World Peace] The state strives for the achievement of the hopes of the Arab and Islamic nation for solidarity and unity of word. be it under the ground. They are personal rights which perform a social function in accordance with Islamic Shari'ah. it encourages scientific research. Culture] The state safeguards science. it protects the Islamic and Arab . Imposition. Article 16 Public money is sacrosanct. members who love their homeland and are proud of its history. providing its members with knowledge and skills and preparing them to become useful members in the building of their society. Article 13 education will aim at instilling the Islamic faith in the younger generation. it orders people to do right and shun evil. it enacts laws that protect the employee and employer. Article 20 Article 29 [Science. Chapter 4 Economic Principles Chapter 5 Rights and Duties Article 14 All God's bestowed wealth. No one is to be stripped of his property except when it serves the public interest. The law defines means of exploiting. revocation and exemption is only permitted by law.

Chapter 6 The Authorities of the State Article 44 The authorities of the state consist of the following : Article 37 [Home] The home is sacrosanct and shall not be entered without the permission of the owner or be searched except in cases specified by statutes. and for the prevention of pollution.Page 169 of 203 heritage and contributes toward the Arab. There shall be no punishment except for acts committed subsequent to the coming into force of the organizational law. or have their actions restricted except in cases specified by statutes. Islamic and human civilization. the Two Holy Places. and country is a duty for each citizen. Article 36 [Arrest] The state provides security for all its citizens and all residents within its territory and no one shall be arrested. the executive authority. postal. nulla poena] Penalties shall be personal and there shall be no crime or penalty except in accordance with the Shari'ah or organizational law. protection. the regulatory authority. Article 45 The source of the deliverance of fatwa in the Kingdom of Saudi Arabia are God's Book and the Sunnah of His . publication. society. the judicial authority. Article 38 [Punishment. and all other media shall employ courteous language and the state's regulations. The King shall be the point of reference for all these authorities. Article 41 [Residents' Duties] Article 33 [Armed Forces] The state establishes and equips the Armed Forces for the defence of the Islamic religion. Article 32 [Environment. The state shall grant the right to political asylum when the public interest demands this. These authorities cooperate with each other in the performance of their duties. and they shall contribute to the education of the nation and the bolstering of its unity. Nature] The state works for the preservation. Every individual shall have a right to address the public authorities in all matters affecting him. Statutes and international agreements shall define the rules and procedures governing the extradition of common criminals. delayed. Article 40 [Communication] Telegraphic. The statutes shall define all that. The King's Court and that of the Crown Prince shall be open to all citizens and to anyone who has a complaint or a plea against an injustice. in accordance with this and other laws. Article 30 [Education] The state provides public education and pledges to combat illiteracy. The regime establishes the provisions of military service. They cannot be confiscated. All acts that foster sedition or division or harm the state's security and its public relations or detract from man's dignity and rights shall be prohibited. Article 31 [Health Care] The state takes care of health issues and provides health care for each citizen. Article 39 [Expression] Information. telephone. read or listened to except in cases defined by statutes. and improvement of the environment. and the citizen. Article 43 [Royal Courts] Article 35 [Citizenship] The statutes define the Regulations governing Saudi Arabian nationality. imprisoned. Extradition] Article 34 [Military Service] The defence of the Islamic religion. society. Article 42 [Asylum. and other means of communications shall be safeguarded. Residents of the Kingdom of Saudi Arabia shall abide by its laws and shall observe the values of Saudi society and respect its traditions and feelings.

including salaries. the state's general policies. their prerogatives. Article 60 The King is the commander-in-chief of all the armed forces. (c) The King has the right to dissolve and reorganize the Council of Ministers. Article 52 The appointment of judges and the termination of their duties is carried out by Royal decree by a proposal from the Higher Council of Justice in accordance with the provisions of the law. in accordance with what is indicated in the Book and the Sunnah. and their organization and prerogatives. the manner of their questioning and all issues concerning them. Article 55 The King carries out the policy of the nation. and statutes decreed by the Ruler which do not contradict the Book or the Sunnah. deputy ministers and those of higher rank. and the protection and defence of the country. Article 57 Article 49 Observing what is stated in Article 53. the organization of and co-ordination between government bodies. compensations. It also establishes requirements to be fulfilled by ministers. or whoever deputizes for him. favors and pensions. they also establish the seniority of the courts and their prerogatives. Article 59 The law defines the rules of the civil service. the administration of scientific research. is responsible for the implementation of judicial rulings. Article 61 . and relieves them of their posts by Royal decree in accordance with the explanations included in the law. a legitimate policy in accordance with the provisions of Islam. The law on the Council of Ministers and its prerogatives is to be amended in accordance with this law. he is assisted in carrying out his duties by members of the Council of Ministers. Article 50 The King. Article 51 The authorities establish the formation of the Higher Council of Justice and its prerogatives. for implementing the Islamic Shari'ah and the state's general policy. Article 53 The law establishes the seniority of the tribunal of complaints and its prerogatives. (b) The deputies of the prime minister and ministers of the Council of Ministers are responsible. The Council of Ministers establishes the prerogatives of the Council regarding internal and external affairs.Page 170 of 203 Messenger. He appoints officers and puts an end to their duties in accordance with the law. the system of government. deliverance of fatwa and it's (the body of senior ulema's) functions. (a) The King appoints and relieves deputies of the prime minister and ministers and members of the Council of Ministers by Royal decree. the courts shall arbitrate in all disputes and crimes. There is no control over judges in the dispensation of their judgements except in the case of the Islamic Shari'ah. in accordance with the provisions of this and other laws. Article 46 The judiciary is an independent authority. Article 47 The right to litigation is guaranteed to citizens and residents of the Kingdom on an equal basis. by expressing solidarity before the King. Article 58 The King appoints those who enjoy the rank of ministers. The law defines the required procedures for this. Article 56 The King is the head of the Council of Ministers. Article 54 The law establishes the relationship between the investigative body and the Prosecutor-general. the King oversees the implementation of the Islamic Shari'ah. Ministers and heads of independent departments are responsible before the prime minister for the ministries and departments which they supervise. The law will define the composition of the senior ulema body. awards. Article 48 The courts will apply the rules of the Islamic Shari'ah in the cases that are brought before them.

the budget of the previous year will remain in force until the new budget is announced. He appoints his representatives to states. as defined by regulations. general mobilization and war. Article 71 Statutes are to be published in the Official Gazette and take effect from the date of publication unless another date is specified. for essential reasons. Article 76 The law will fix the state's financial year and will announce the budget by way of a Royal decree. Article 75 Article 67 The regulatory authority lays down regulations and motions to meet the interests of the state or remove what is bad in its affairs. the standards. The competent body will prepare the state's final statement of account for the passing year and will submit it to the head of the council of ministers. Article 74 The sale. Article 68 [Consultative Council] A Consultative Council is to be created. Article 65 The King may delegate prerogatives to the Crown Prince by Royal decree. and he receives the credentials of state representatives accredited to him. Article 72 (a) The statute explains the provisions concerning the state's revenue and its entry in the state's general budget .Page 171 of 203 The King declares a state of emergency. The statutes will define the monetary and banking provisions. then it must be done in accordance with Royal decree. Article 64 The King awards medals. agreements. in accordance with the Islamic Shari'ah. the King may take urgent measures in order to deal with this danger And if the King considers that these measures should continue. Article 62 If there is a danger threatening the safety of the Kingdom or its territorial integrity. Chapter 7 Financial Affairs Article 63 The King receives Kings and Heads of State. renting or use of state assets is not permitted except in accordance with the statute. how it exercises its powers and how its members are selected. This authority exercises its functions in accordance with this law and the laws pertaining to the Council of Ministers and the Consultative Council. weights and measures. It will also assess the revenues and expenditure of that year at least one month before the start of the financial year. Article 77 Article 69 The King has the right to convene the Consultative Council and the Council of Ministers for a joint meeting and to invite whoever he wishes to attend that meeting to discuss whatever matters he wishes. regulations and concessions are approved and amended by Royal decree. Article 70 International treaties. the budget is not announced and the new financial year starts. Its statute will specify how it is formed. Article 66 In the event of his travelling abroad. he may then implement the necessary regulations to this end. Article 78 . (b) revenue is entered and spent in accordance with the rules specified in the statute. or the security of its people and its interests. as defined by the Royal decree. and the law defines the rules for this. If it is not possible to do so in accordance with the provisions of the budget. Article 73 Any undertaking to pay a sum of money from the general budget must be made in accordance with the provisions of the budget. If. or which impedes the functioning of the state institutions. the King issues a Royal decree delegating to the Crown Prince the management of the affairs of state and looking after the interests of the people.

Article 82 Without violating the content of Article 7. Chapter 9 General Provisions Article 81 The implementation of this law will not prejudice the treaties and agreements signed by the Kingdom of Saudi Arabia with international bodies and organizations. Article 80 government bodies will come under control in order to confirm the good performance of the administration and the implementation of the statutes. Chapter 8 Control Bodies Article 79 All the state's revenues and expenditures will come under subsequent control and all the state's movable and immovable funds will be controlled in order to confirm the good use of these funds and their preservation. An annual report will be submitted on this matter to the head of the Council of Ministers. Financial and administrative offenses will be investigated and an annual report will be submitted on this matter to the head of the Council of Ministers. This temporary suspension will be in accordance with the terms of the law. The law will define the competent body in charge of this and it's obligations and prerogatives. no provision of this law whatsoever may be suspended unless it is temporarysuch as in a time of war or during the declaration of a state of emergency. . The law will define the competent control body and its obligations and prerogatives. Article 83 This law may only be amended in the same way as it was promulgated.Page 172 of 203 The same provisions will apply both to the budgets of the corporate bodies and their final statements of account and to the state's budget and its final statement of account.

Belief] The Tunislan Republic guarantees the inviolability of the human person and freedom of conscience. Article 6 [Equality] All citizens have the same rights and the same duties.the most certain way for assuring the protection of the family and guaranteeing to each citizen work. Article 3 [Sovereignty] The sovereignty belongs to the Tunisian poople who exercise it in conformity with the Constitution. exploitation. by the Grace of God. it has in the middle. its religion is the Islam.the best guarantee for the respect of rights and duties of all citizens. Unions] . health. They are equal before the law. and free cooperation between nations. { Editor's Note: The text of the ICL edition reflects the status of 1991. Proclaim the will of this people. Article 8 [Expression. independent and sovereign. and social progress. and working for peace. and liberty.Page 173 of 203 Tunisia Tunisia . (2) Treaties concluded to this effect and being of such nature as to bring about any modification whatsoever to the present Constitution have to be submitted to a referendum by the President of the Republic after having been adopted by the National Parliament in the forms and conditions established by the Constitution. towards whose unity it works within the framework of common interests.to install a democracy founded on the sovereignty of the people. the development of the economy. a white circle in which is displayed a five-pointed star surrounded by a red crescent. and with all peoples who are struggling for justice and liberty. thereby including the significant amendments of 1988. the present Constitution. with reservation that they do not disturb the public order. the representatives of the Tunisian poople. proclaim. and protects the free exercise of beliefs . progress. the Compassionate and Merciful. justice. the national defense. and based on the principle of the separation of powers.the most effective means for assuring the prosperity of the nation through economic development of the country and the utilization of its riches for the benefit of the people. Article 7 [Legitimate Purposes of Restriction] The citizens exercise the plenitude of their rights in the forms and conditions established by the law. Article 4 [Flag] The flag of the Tunisian Republic is red. .to consolidate national unity and to remain faithful to human values which constitute the common heritage of peoples attached to human dignity . We proclaim that the republican regime constitutes: . and its form is the Republic.to remain faithful to the teachings of Islam. The exercise of these rights cannot be limited except by a law enacted for the protection of others. characterized by a stable political system. to cooperation with the African peoples in building a better future.Constitution Chapter I General Provisions Article 1 [State] Tunisia is a free State. } Preamble In the name of God. but not yet those (numerous) changes after 1991. Treaties] (1) The Tunisian Republic constitutes part of the Great Arab Maghreb. under the conditions prescribed by the law. and regression. to its membership of the Arab family. meeting as members of the National Constituent Assembly. . and education. . We . the representatives of the Tunisian people. to the unity of the Greater Maghreb. free and sovereign. { Adopted on: 1 June 1959 } { Amendment on: 12 July 1988 } { ICL Document Status: 1991 } Article 2 [Arab Nation. Conscience. . the respect for the public order. We. Article 5 [Personal Integrity. set free from foreign domination thanks to its powerful cohesion and to its struggle against tyranny. . its language is Arabic.

Article 16 [Duty to Pay Taxes] The payment of taxes and the contribution to public expenditures on an equitable basis constitute a duty for every person. Article 18 [National Parliament] The people exercise the legislative power through a representative organ called National Parliament. and association are guaranteed and exercised within the conditions defined by the law. free. expression . publication. Article 27 [Immunity] No deputy can be arrested or prosecuted for the duration of his mandate for a crime or misdemeanor as long as the National Parliament has not lifed the immunity which covers Chapter II Legislative Power .Page 174 of 203 (1) The liberties of opinion. under exceptional circumstances. or tried for opinions expressed. The members of the National Parliament are elected byuniversal. Domicile] Every citizen has the right to move freely in the interior of the territory. born of a Tunisian father. Article 19 [Election] Article 9 [Home. It is exercised within the limits established by the law. Article 23 [Continuing Parliament] Article 13 [Personal Punishment. Nulla Poena Sine Lege] The sentence is personal and cannot be pronounced except by virtue of a law existing prior to the punishable act. proposals made. to leave it. because of war or imminent peril. Article 12 [Presumption of Innocence] Every accused person is presumed innocent until his guilt is established in accordance with a procedure offering him guarantees indispensable for his defence. the press. and to establish his domicile within the limits established by the law. Article 25 [Responsibility] Every deputy is the representative of the entire Nation. (2) The right of unionization is guaranteed. and secret suffrage. Article 26 [Indemnity] A deputy cannot be prosecuted. Secrecy of Correspondence] The inviolability of the home and the secrecy of correspondence are guaranteed. However. An elector is every citizen possessing Tunisian nationality for at least five years and having attained at least twenty years of age. the National Parliament may hold its sessions in any other place of the territory of the Republic. save in exceptional cases established by the law. Article 17 [Asylum] Political refugees cannot be extradited. who is at least twentyfive years of age on the day of submission of his candidacy. direct. Article 24 [Seat] The seat of the National Parliament is established in Tunis or its environment. the mandate of the National Parliament is extended by a law until the time it is possible to proceed with the elections. assembly. Re-Election] The National Parliament is elected for a period of five years in the course of the last thirty days of its mandate. Article 14 [Property] The right to property is guaranteed. Article 20 [Right to Vote] Article 10 [Move. Article 22 [Term. Article 21 [Eligibility] Article 11 [Expatriation] No citizen can be expatriated or prevented from returning to his country. Any voter. is eligible for election to the National Parliament. according to the modalities and conditions determined by the Electoral Law. In case of impossibility of proceeding with the elections during the designated time. Article 15 [Duty to Defense] The defense of the country and the integrity of its territory is a sacred duty of every citizen. or acts carried out in the exercise of his mandate in the National Parliament. arrested.

Chapter III The Executive [Section 0 General Provision] Article 37 [Executive Power] .the general modalities of the application of the Constitution. However. or national enterprises. the status of persons.amnesty. Article 28 [Legislation] (1) The National Parliament exercises the legislative power. 10. priority being given to bills presented by the President of the Republic.public health. the President of the Republic may. the provisions of the financial bill may be implemented by decree. (2) However. public establishments. Article 32 [Treaties] Treaties do not have the force of law until after their ratification.the creation of offices. the first session of every legislature begins during the first fifteen days of November. the National Parliament is to be informed without delay. in the event of flagrante delicto. arrest procedure is permitted.labor law and social security. Article 33 [Approval of Treaties] The treaties are approved by law. . The budget must be voted at the latest by December 31. . the National Parliament may meet in extraordinary sessions on the request of the President or the majority of deputies.the determination of crimes and offences and the penalties which apply to them. Article 30 [Permanent Committees] The National Parliament elects from among its members permanent committees. The detention of a deputy is suspended if the National Parliament so requests. with the consent of the interested permanent committee. societies. (2) The National Parliament may authorize the President of the Republic to issue decree-laws within a fixed time limit and for a specific purpose which must be submitted for ratification to the National Parliament upon expiration of that time limit. other than those relative to organic laws. Article 34 [Legislative Competences] Matters relating to the following are regulated in the form of laws: . 69.citizenship. . 9. issue decree-laws which must be submitted to the ratification by the National Parliament during the next ordinary session. . .the procedure before different orders of jurisdiction. Treaties duly ratified have an authority superior to laws. in such a case. If by that date the National Parliament has not made a decision. and obligations. 66. (6) The National Parliament votes on bills concerning financial laws and the regulation of the budget under the conditionsstipulated in the organic law of the budget. . 70 and 71.the regime of property and real rights. .the fundamental guarantees accorded to civilian and military functionaries.Page 175 of 203 him. Article 29 [Sessions] (1) The National Parliament meets each year in ordinary session which begins during the month of October and ends during the month of July. except the delegation accorded to the President by the laws of finances and fiscal laws. (4) Laws considered to be of an organic charcter are those specified by Articles 4.the regime of the issuance of money. A draft organic law may not be submitted for deliberation by the National Parliament until afer the expiration of a period of fifteen days from its filing. 8. (5) The electoral law has the form of an organic law. . The presentation of legislation belongs equally to the President of the Republic and to the members of the National Parliament. 68. . . Article 31 [Decree-Laws During Vacation] During the vacation of the National Parliament. (3) During the vacation. Article 36 [Development] The law approves the development plan. (3) Organic and ordinary laws are passed by the National Parliament by absolute majority. in trimestrial renewable installments.the basis and rate of taxes for the benefit of the State. 67.loans and financial obligations of the State. whose activity is pursued during the vacation of the National Parliament. It authorizes the resources and charges of the State under conditions established by the organic law of the budget. Article 35 [Legislative Competence About Principles] The law determines the fundamental principles of: . .

and whose father. and paternal and maternal grandfather have been of Tunisian nationality without interruption. without being contrary to the Constitution. (2) In case of an impossibility of proceeding with the elections at the appropriate time. Article 43 [Seat of Presidency] The official seat of the Presidency of the Republic is established at Tunis and its surroundings. (2) He declares war and concludes peace with the approval of the National Parliament. The President of the Republic may present himself for two consecutive mandates. Article 48 [Treaties. Article 39 [Election] (1) The President of the Republic is elected for five years by universal. Article 45 [Diplomacy] The President of the Republic accredits representatives to foreign powers." Section I The President of the Republic Article 38 [Head of State] The President of the Republic is the Head of the State . War. the President of the Republic may not dissolve the National Parliament and no motion of censure may be presented against the Governwent. furthermore. Article 46 [Emergency Powers] (1) In case of imminent peril menacing the institutions of the Republic. direct. (3) These measures ccase to have effect as soon as the circumstances that produced them come to an end. (2) When the referendum has resulted in the adoption of the bill. mother. Article 41 [Functions] The President of the Republic is the guarantor of national independence. may present himself as a candidate for the Presidency of the Republic. Howover. (2) During this period. within the last thirty days of the term of office and under the conditions specified by the electoral law. (2) The candidate must. and to watch meticulously over the interests of the Nation. the First President of the Court of Cessation. it can be transferred provisionally to any otherlocation in the territory of the Republic. after consultation with the Prime Minister and the President of the National Parliament. (3) The candidate has to be presented by electors in accordance with the modalities and conditions stipulated by the election law. The commission rules on the validity of the candidacies. of the integrity of the territory. The elected President of the Republic gives the following oath before the National Parliament: "I swear by God Allmighty to safeguard the national independence and the integrity of the territory. the term of office of the President is extended by law until it becomes possible to proceed with the elections. free. Pardon] Article 42 [Oath] (1) The President of the Republic ratifies the treaties. diplomatic diplomatic Article 40 [Eligibility] (1) Any Tunisian who does not carry another nationality. the security and independence of the country and obstructing the regular functioning of the public powers. The President of the Republic addresses a message to the National Parliament on this subject. under exceptional circomstances. . the challenges received. be at least forty years and at most seventy years of age on the day of submitting his candidacy and must enjoy all his civil and political rights. He watches over the regolar functioning of the constitutional public powers and assures the continuity of the State. because of war or due to imminent danger. and of respect for the Constitution and the laws as well as the execution of treaties. may affect the functioning of the institutions. the President of Constitutional Council. and proclaims the result of the ballot. the President of the Republic may take the exceptional measures necessitated by the circumstances. who is of Moslem religion. to respect the Constitution and the law. and the First President of the Administrative Tribunal. Article 47 [Referendum] (1) The President of the Republic may submit to a referendum any bill relating to the organization of the public powers or seeking to ratify a treaty which.Page 176 of 203 The executive power is vested in the President of the Republic assisted by a Government directed by a Prime Minister. Peace. and secret sufErage. The representatives are accredited to him. The declaration of candidacy must be recorded in a special register before a commission composed of the President and the following four members: the President of the National Parliament. the President of the Republic promulgates it within a maximum period of fifteen days. His religion is Islam. Article 44 [Commander-in-Chief] The President of the Republic is the Supreme Commander of the Armed Forces .

dissolving the National Parliament. as necessary. Article 54 [Deliberation of Bills. during this period. presidential elections are organized to elect a new President of the Republic for a term of five years. remains in place until the end of this disability. the other members of the Government. Informing Parliament] (1) The President of the Republic directs the general policy of the Nation. (2) The interim President of the Republic may not be a candidate for the Presidency of the Republic even in the case of resignation. Article 52 [Promulgation. He exercises the general regulatory power and may delegate all or part of it to the Prime Minister. without resorting to referendum. Article 56 [Temporary Disability] (1) In case of temporary disability. (2) The President of the Republic presides over the Council of Ministers. (6) The new President of the Republic may dissolve the National Parliament and organize early legislative elections in conformity with the provisions of Article 63 (2). and on his suggestion. Countersignature] (1) Bills are deliberated on in the Council of Ministers. for the President of . He takes the constitutional oath before the National Parliament. however. Veto] (1) The President of the Republic promulgates constitutional. Regulatory Power] The President of the Republic watches over the execution of the laws. organic. dismissing the Government. Section II The Government Article 58 [Functions] The Government puts into effect the general policy of the Nation. Article 57 [Vacancy] (1) In case the Presidency of the Republic becomes vacant on account of death. or total incapacity. Article 50 [Nomination of Government] (1) The President of the Republic nominates the Prime Minister. (2) The President of the Republic may. before the Bureau of the National Parliament. by decree. the President of the Republic may.Page 177 of 203 (3) He exercises the right of pardon. (2) The President of the Republic communicates with the National Parliament either directly or by message. delegate his powers to the Prime Minister with the exclusion of the power of dissolution. Article 55 [Nomination of Officers] The President of the Republic nominates the highest civil and military officers on the recommendation of the Government. Article 49 [Policy. Article 53 [Execution of Laws. even if it is the object of a motion of censure. in conformity with the orientations and options defined by the President of the Republic. (3) The President of the Republic informs the President of the National Parliament of the provisional delegation of his powers. the President of the National Parliament immediately is invested temporarily with the functions of the Republic for a period of at least 45 days and at most 60 days. and informs the National Parliament accordingly. Article 60 [Prime Minister's Functions] The Prime Minister directs and coordinates the work of the government. Article 51 [Dismissal of Government] The President of the Republic dismisses the Government or one of its members on his own initiative or on the recommendation of the Prime Minister. or taking the exceptional measures provided for in Article 46. a motion of censure against the Government cannot be presented. (5) During the same period. resignation. or ordinary laws and ensures their publication in the Official Journal of the Tunisian Republic within a maximum period of fifteen days counting from the transmission by the President of the National Parliament. the Government. He substitutes. (3) The interim President of the Republic discharges the functions of the President of the Republic. (4) During this period. (2) During the temporary disability of the President of the Republic. (2) Decrees of a regulatory character are countersigned by the Prime Minister and the interested member of the Government. defines its fundamental options. and during its absence. Article 59 [Responsibility] The Government is responsible to the President of the Republic for its conduct. return the bill to the National Parliament for a second reading. If the bill is adopted by the National Parliament with a majority of two-thirds of its members. the law is promulgated and published within a second period of fifteen days.

The modalities of their recruitment are determined by law. Court of Accounts] (1) The Conncil of State is composod of two organs: 1) The Administrative Tribunal. Its composition and its relations with the National Parliament are determined by law. Article 65 [Independence of Judiciary] The judiciary is independent . Chapter VIII The Local Collectivities Article 71 [Local Councils] The municipal and regional Councils conduct the local affairs under the conditions determined by law. (2) The composition and the competence of the Council of State as well as the procedure applicable before it are determined by law. (2) Any deputy may address written or oral questions to the Government. Article 63 [Dissolution of Parliament] (1) If the National Parliament has adopted a second motion of censure with a two-thirds majarity during the same legislative period. Article 67 The Superior Conncil of the Magistrature. by a vote on a motion of censure. watches over the application of the guarantees accorded to magistrates in the matter of nomination. 2) The Court of Accounts. Prohibited Amendments] Article 66 [Nomination of Magistrates] Magistrates are nominated by decree of the President of the Republic upon the recommendation of the Superior Conncil of The initiative for the amendment of the Constitution belongs to the President of the Republic or to at least one-third of the . The competence and thecomposition of the High Court as well as the procedure applicable before it are specified by law. Chapter IV The Judiciary Article 64 [Judgments] Judgments are rendered in the name of the People and in the name of the President of the Republic. transfer. the President of the Republic accepts the resignation of the government presented by the Prime Minister. Chapter VI The Council of State Article 69 [Administrative Tribunal.Page 178 of 203 the Republic in presiding over the Council of Ministers or any other Conncil. Article 61 [Government in Parliament] (1) The members of the Goverament have the right of access to the National Parliament as well as to its committees. (3) The vote may not take place until 48 hours have elapsed after the motion of censure. Chapter IX Amendments of the Constitution Article 72 [Initiative. Chapter V The High Court Article 68 [High Treason by Government] The High Court meets in a case of high treason committed by a member of the Government. Chapter VII The Economic and Social Council Article 70 [Consultative Assembly] The Economic and Social Council is a consultative assembly in economic and social matters. whose composition and attributions are determined by law. (2) The decree dissolving the National Parliament must include the calling of new elections within a maximum period of thirty days. (4) When a motion of censure is adopted by a majority of twothirds of the deputies. Article 62 [Motion of Censure] (1) The National Parliament may. if it finds that the government is not following the general policy and the fundamental options provided for in Articles 49 and 58. the Magistrature. (2) The motion is not receivable unless it is motivated and signed by at least half of the membership of the National Parliament. advancement. and discipline. oppose the continuation of the responsibilities of the government. the magistrates in the exercise of their functions are not subjected to any authority other than the law. the President of the Republic may either accept the resignation of the government or dissolve the National Parliament.

Article 74 [Promulgation] The President of the Republic promulgates the law which contains the provision of the Constitution under the form of a constitutional law in conformity with Article 52. may. the second of which may not take place until at least three months after the first. Majority. (5) (3) The newly elected National Parliament must convene within eight days after the proclamation of the election results. the current term of the National Parliament expires at the same time as that of the new President of the Republic elected in accordance with the present paragraph. Second Reading] (1) The National Parliament may not deliberate on the proposed amendment except following a resolution passed by an absolute majarity and after a special ad hoc committee has determined and studied the objective. [Chapter X] Transitory Provisions (1) The incumbent President of the Republic whose term of office expires during the month of November 1991. legislative. or both at the same time. . (2) The Constitution cannot be amended except following the adoption by the National Parliament of the amendment proposal with a majority of two-thirds of its members after two readings. (3) In case only early legislative elections are held.Page 179 of 203 members of the National Parliament. prior to that date. with the reservation that it does not affect the republican form of the State. (7) (5) The legislative term of the current National Parliament ends on the day of the convening of the new National Parliament. be they presidential. organize early elections. the term of the President of the Republic ends at the same time as that of the newly elected National Parliament. Article 73 [Deliberation. (6) (4) The term of the incumbent President ends upon the proclamation of the results of the early presidential elections. (4) (2) The decrees pertaining to the early elections provided for by this Article must include the convening of the electors for new elections within a maximum period of thirty days. (2) In case only early presidential elections are held.

Union Laws shall regulate the progressive stages appropriate to the achievement of this entity. so far as possible. Sharjah. The free movement of all capital and goods between the Emirates of the Union is guaranteed and may not be restricted except by a Union Law. The Emirates of the Union shall form an economic and customs entity. enabling the Union. the Rulers of the Emirates of Abu Dhabi. Desiring also to lay the foundation for federal rule in the coming years on a sound basis. our Protector and Defender. to which our signatures were appended. 3. and Based on what was considered by the Federation Supreme Council and approved by the Cabinet and the Federal National . Council and certified by the Federation Supreme Council. (1) of 1996 The federation supreme council. more enduring stability and a higher international status for the Emirates and their people. after perusing the Federation Temporary Constitution and the approval of the Cabinet. For all these reasons and until the preparation of the permanent Constitution for the Union may be completed. 1 . grant us success Constitutional Amendment No. which shall be implemented during the transitional period indicated in it . The defence against any aggression upon its existence or the existence of its member states. The safeguard of its security and stability. capable of protecting its existence and the existence of its members. sovereign. The achievement of close co-operation between the Emirates for their common benefit in realising these aims and in promoting their prosperity and progress in all fields. fees. and before all the peoples. Zayed Bin Sultan Al-Nhayan President of United Arab Emirates Issued by us at the presidential palace in Abu Dhabi. All taxes. Ajman. 1996 4 All rights are reserved for the Federal National Council 2003. freely to achieve its goals. Article 11 1. federal state. Article Two Abu Dhabi City is the Capital of the Federation. to make it permanent in 1996. May Allah. 2. Dubai. Umm AI Quwain and Fujairah (1): Whereas it is our desire and the desire of the people of our Emirates to establish a Union between these Emirates. and progressing by steps towards a comprehensive. drafted with the establishment of the federation. corresponding to the realities and the capacities of the Emirates at the present time.Page 180 of 203 UAE Constitution United Arab Emirates Constitution The Federal National Council (FNC) and the Federal Supreme Council (FSC) amended the 2 December 1971 interim constitution of the United Arab Emirates. Desiring to create closer links between the Arab Emirates in the form of an independent. being desirous of advancing our country and our people to the status of qualifying them to take appropriate place among civilised states and nations. Article Four This constitutional amendment shall be applicable as of the date of issuance there of and be published in the official gazette. we proclaim before the Supreme and Omnipotent Creator. on a basis of mutual respect and reciprocal interests and benefits. We. our agreement to this provisional Constitution. towards which we have bent our strongest resolution. Resolved: Article One The word ?Temporary? is canceled from the United Arab Emirates Constitution wherever it is.Ras El Khaimah joined the Union on the 10th of February 1972. representative. Article Three Any text or provision contrary to this amendment is canceled. Article 10 The aims of the Union shall be the maintenance of its independence and sovereignty. The provision of a better life for all citizens together with respect by each Emirate for the independence and sovereignty of the other Emirates in their internal affairs within the framework of this Constitution. duties and tolls imposed on the movement of goods from one member Emirate to the other shall be abolished. On: 22 Rajab 1417 Hijri Corresponding to: 2 Dec. in co-operation with the sister Arab states and with all other friendly states which are members of the United Nations Organisation and of the family of nations in general. to promote a better life. sustaining the identity of its members providing that this is not inconsistent with those goals and preparing the people of the Union at the same time for a dignified and free constitutional life. democratic regime in an Islamic and Arab society free from fear and anxiety. The protection of the rights and liabilities of the people of the Union. And whereas the realisation of the foregoing was our dearest desire.

PART TWO THE FUNDAMENTAL SOCIAL AND ECONOMIC BASIS OF THE UNION Article 13 The Union and the member Emirates shall co-operate. Medical care and means of prevention and treatment of diseases and epidemics shall be ensured by the community for all citizens. Article 22 Public property shall be inviolable. searched. The community shall promote the establishment of public and private hospitals. raising the standards of living and the achievement of prosperity for citizens. Article 19 Article 27 . The law shall guarantee its existence. Conditions relating thereto shall be laid down by Law. Article 14 Equality. It shall endeavour to ensure that employment is available for citizens and to train them so that they are prepared for it. within the limits of their jurisdiction and abilities. provided that such schools shall be subject to the supervision of the competent public authorities and to their directives. It shall be compulsory in its primary stage and free of charge at all stages. It is founded on sincere co-operation between public and private activities. No one shall be deprived of his private property except in circumstances dictated by the public benefit in accordance with the provisions of the Law and on payment of a just compensation. increase of productivity. Article 20 Society shall esteem work as a cornerstone of its development. It shall furnish the appropriate facilities for that by providing legislations protecting the rights of the employees and the interests of the employers in the light of developing international labour legislations. The Law shall define the cases in which penalties shall be imposed for the contravention of that duty. No person shall be subjected to torture or to degrading treatment. Article 23 The natural resources and wealth in each Emirate shall be considered to be the public property of that Emirate. dispensaries and cure . Article 15 The family is the basis of society. all within the limits of Law. social justice. such as illness or incapacity or old age or forced unemployment. Society shall be responsible for the protection and proper exploitation of such natural resources and wealth for the benefit of the national economy. nationality. PART THREE FREEDOM. Article 26 Personal liberty is guaranteed to all citizens. The law shall prescribe the necessary plans for the propagation and spread of education at various levels and for the eradication of illiteracy. Its aim shall be the achievement of economic development. in executing the provisions of this Part. without distinction between citizens of the Union in regard to race.Page 181 of 203 Article 12 The foreign policy of the Union shall be directed towards support for Arab and Islamic causes and interests and towards the consolidation of the bonds of friendship and co-operation with all nations and peoples on the basis of the principles of the charter of the United Nations and ideal international standards. safeguard and protect it from corruption. The protection of public property shall be the duty of every citizen. within the Union. religious belief or social status. detained or imprisoned except in accordance with the provisions of law. Article 21 Private property shall be protected. religion. Such matters shall be regulated by welfare and social security legislations. Article 17 Education shall be a fundamental factor for the progress of society. It is founded on morality. RIGHTS AND PUBLIC DUTIES Article 25 All persons are equal before the law. Article 24 The basis of the national economy shall be social justice. No person may be arrested.houses. Article 18 Private schools may be established by individuals and organisations in accordance with the provisions of the law. It shall be responsible for assisting them and enabling them to help themselves for their own benefit and that of the community. Co-operation and mutual mercy shall be a firm bond between them. Article 16 Society shall be responsible for protecting childhood and motherhood and shall protect minors and others unable to look after themselves for any reason. ethics and patriotism. ensuring safety and security and equality of opportunity for all citizens shall be the pillars of the Society .

Article 47 The Supreme Council of the Union shall exercise the following matters :1. or of those who deputies for the Rulers in their Emirates in the event of their absence or if they have been excused from attending. The Council of Ministers of the Union. observance of public order and respect of public morality are duties incumbent upon all inhabitants of the Union. The Judiciary of the Union. 3. The accused shall have the right to appoint the person who is capable to conduct his defence during the trial. The Supreme Council of the Union. No person may be enslaved. 2. PART FOUR THE UNION AUTHORITIES Article 45 Article 30 Freedom of opinion and expressing it verbally. Each Emirate shall have a single vote in the deliberations of the Council. Article 44 Respect of the Constitution. Article 46 The Supreme Council of the Union shall be the highest authority in the Union. No penalty shall be imposed for any act of commission or omission committed before the relevant law has been promulgated. Article 42 Payment of taxes and public charges determined by law is a duty of every citizen. 11 All rights are reserved for the Federal National Council 2003. An accused shall be presumed innocent until proved guilty in a legal and fair trial. Physical and moral abuse of an accused person is prohibited. The National Assembly of the Union. telegraph or other means of communication and the secrecy thereof shall be guaranteed in accordance with law. including the judicial authorities. The law shall prescribe the cases in which the presence of a counsel for defence shall be assigned. Due consideration being given to regulations organising some of such professions and trades. 5. No person may be subjected to forced labour except in exceptional circumstances provided for by the law and in return for compensation. The Union authorities shall consist of :1. trade or profession within the limits of law. Article 28 Penalty is personal. 4. Article 32 Freedom to exercise religious worship shall be guaranteed in accordance with established customs. The President of the Union and his Deputy. Article 43 Defence of the Union is a sacred duty of every citizen and military service s an honour for citizens which shall be regulated by law.Page 182 of 203 Crimes and punishments shall be defined by the law. Formulation of general policy in all matters invested in the Union by this Constitution and consideration of all matters . Article 31 Freedom of communication by post. It shall consist of the Rulers of all the Emirates composing the Union. CHAPTER 1 THE SUPREME COUNCIL OF THE UNION Article 33 Freedom of assembly and establishing associations shall be guaranteed within the limits of law. Article 29 Freedom of movement and residence shall be guaranteed to citizens within the limits of law. in writing or by other means of expression shall be guaranteed within the limits of law. Article 41 Every person shall have the right to submit complaints to the competent authorities. concerning the abuse or infringement of the rights and freedom stipulated in this Part. Article 34 Every citizen shall be free to choose his occupation. laws and orders issued by public authorities in execution thereof. provided that it does not conflict with public policy or violate public morals.

7. But. Presiding the Supreme Council into session. to elect a new President and Vice President to fill the two vacant offices. The deliberations of the Council shall be secret. Each of them shall. or because either one of them ceases to be Ruler in his Emirate for any reason." Article 53 Upon vacancy of the office of the President or his Deputy for death or resignation. Calling the Supreme Council and the Council of Ministers into joint session whenever necessity demands. that 1 will respect its Constitution and its laws. Article 49 Decisions of the Supreme Council on substantive matters shall be by a majority of five of its members provided that this majority includes the votes of the Emirates of Abu Dhabi and Dubai. that I will protect the interests of the people of the Union. 3. whenever one of its members so requested. Article 54 The President of the Union shall assume the following powers: 1. Such sanction shall take place before the promulgation of these decrees by the President of the Union. decisions of the Council on procedural matters shall be by a majority vote. It is obligatory for him to convene the Council for sessions. and terminating its sessions according to the rules of procedure upon which the Council shall decide its bye-laws. 5. Article 52 The term of office of the President and the Vice President shall be five Gregorian years. The Vice President of the Union shall exercise all the powers of the President in the event of his absence for any reason. They are eligible for re-election to the same offices. Such acts shall be accomplished by decrees. Approval of the appointment of the Chairman of the Council of Ministers of the Union. the Supreme Council shall be called into session within one month of that date to elect a successor to the vacant office for the period stipulated in Article 52 of this Constitution. 8. Approval of the appointment of the President and Judges of the Supreme Court of the Union. Sanction of decrees relating to matters which by virtue of the provisions of this Constitution are subject to the ratification or agreement of the Supreme Council. In the event that the two offices of the President of the Supreme Council and his Deputy become vacant simultaneously. Sessions may be held in any other place agreed upon beforehand. Appointing the Prime Minister.Page 183 of 203 which leads to the achievement of the goals of the Union and the common interest of the member Emirates. 4. The Supreme Council shall lay down its own bye-laws which shall include its procedure for the conduct of business and the procedure for voting on its decisions. Article 51 The Supreme Council of the Union shall elect from among its members a President and a Vice President of the Union. Ratification of treaties and international agreements. on assuming office. 6. Any other relevant matters stipulated in this Constitution or in the Union laws. acceptance of his resignation and his removal from office upon a proposal from the President of the Union. 2. He shall also appoint the Deputy Prime Minister and the Ministers and shall receive their resignations and relieve Article 50 Sessions of the Supreme Council shall be held in the Union capital. The minority shall be bound by the view of the said majority. Signing Union laws. 5. 4. that I will discharge my duties faithfully and loyally and that I will safeguard the independence of the Union and its territorial integrity. Presiding the Supreme Council and directing its discussions. Chapter II THE PRESIDENT OF THE UNION AND HIS DEPUTY . Such matters shall be defined in the bye-laws of the Council. Such ratification shall be accomplished by decree. Supreme Control over the affairs of the Union in general. take the following oath before the Supreme Council " I swear by Almighty God that I will be faithful to the United Arab Emirates. including the Laws of the Annual General Budget and the Final Accounts. the Council shall be immediately called into session by any one of its members or by the Chairman of the Council of Ministers of the Union. acceptance of their resignations and their dismissal in the circumstances stipulated by this Constitution. 2. The Supreme Council shall establish a general Secretariat which shall consist of an adequate number of officials to assist it in the execution of its duties. 2. 3. Sanction of various Union laws before their promulgation. Article 48 1. decrees and decisions which the Supreme Council has sanctioned and promulgating them. accepting his resignation and relieving him of office with the consent of the Supreme Council.

in particular. Chapter III completely observe the interests of the people of the Union and that I will completely safeguard the existence of the Union and its territorial integrity. Drawing up the annual general budget of the Union. vis-a-vis other states and in all international relations. decrees and decisions through the Council of Ministers of the Union and the competent Ministers. assume the following powers: 1. Telegraph and Telephones 10. Following up the implementation of the general policy of the Union Government both domestic and foreign. Post. Initiating drafts of Federal Laws and submitting them to the Union National Council before they are raised to the President of the Union for presentation to the Supreme Council for sanction. 2. The Deputy Prime Minister shall exercise all the powers of the Prime Minister in the event of his absence for any reason. Planning Article 59 The Prime Minister shall preside over the meetings of the Council of Ministers. Interior 3. and the final accounts. Defence 4. Article 56 Ministers shall be chosen from among citizens of the Union known for their competence and experience. before assuming the responsibilities of their office. in accordance with the laws relating to such decorations and medals. Appointing the diplomatic representatives of the Union to foreign states and other senior Union officials both civil and military (with the exception of the President and Judges of the Supreme Court of the Union) and accepting their resignations and dismissing them with the consent of the Council of Ministers of the Union. 11. in its capacity as the executive authority of the Union. 9. Public Works and Agriculture 9. 6. Signing of letters of credence of diplomatic representatives of the Union to foreign states and organisations and accepting the credentials of diplomatic and consular representatives of foreign states to the Union and receiving their letters of credence. The Council of Ministers. shall be responsible for dealing with all domestic and foreign affairs which are within the competence of the Union according to this Constitution and Union laws. Finance. Representing the Union internally. The first Council of Ministers of the Union shall be composed of the following Ministers: 1. 10. and under the supreme control of the President of the Union and the Supreme Council. both civil and military. Public Health 8. that I will respect its Constitution and laws. his Deputy and a number of Ministers. Justice 6. 3. 17 All rights are reserved for the Federal National Council 2003. Supervising the implementation of Union laws. He shall similarly sign documents of appointment and credence of representatives. 8. Article 57 The Prime Minister. 4. that 1 will discharge my duties faithfully. Information 12. his Deputy and the Ministers shall. acceptance of resignations and dismissals shall be accomplished by decrees and in accordance with Union laws. that 1 will . Exercising the right of pardon and commutation of sentences and approving capital sentences according to the provisions of this Constitution and Union laws. take the following oath before the President of the Union:"I swear by Almighty God that I will be loyal to the United Arab Emirates. Any other power vested in him by the Supreme Council or vested in him in conformity with this Constitution or Union laws. Conferring decorations and medals of honour. Education 7. THE COUNCIL OF MINISTERS OF THE UNION Article 60 Article 55 The Council of Ministers of the Union shall consist of the Prime Minister. follow up the activities of Ministers and shall supervise the co-ordination of work between the various Ministries and in all executive organs of the Union. Foreign Affairs 2.Page 184 of 203 them of office in accordance with a proposal from the Prime Minister of the Union. Labour and Social Affairs 11. He shall call it into session." Article 58 The law shall define the Jurisdiction of the Ministers and the powers of each Minister . Economy and Industry 5. direct its debates. Preparing drafts of decrees and various decisions. 7. Such appointments. Communications. The Council of Ministers shall. 12.

Article 68 The National Assembly of the Union shall be composed of forty (1) members. The Council of Ministers shall draw up its own bye-laws including its rules of procedure. Issuing regulations necessary for the implementation of Union laws without amending or suspending such regulations or making any exemption from their execution. may charge the competent Union Minister or any other administrative authority to promulgate some of such regulations. Supervising the implementation of Union laws. 6. 8. decisions and regulations by all the concerned authorities in the Union or in the Emirates. Appointment and dismissal of Union employees in accordance with the provisions of the law. 4. Must have adequate knowledge of reading and writing. the Assembly shall be completely renewed for the time remaining until the end of the transitional period as laid down in Article 144 of this Constitution. Article 72 Article 67 The Law shall prescribe the salaries of the Prime Minister. 2. Article 71 Membership of the Union National Assembly shall be incompatible with any public office in the Union. good conduct. A special provision of the law or the Council of Ministers. reputation and not previously convicted of a dishonourable offence unless he has been rehabilitated in accordance with the law. Any other authority vested in it by law or by the Supreme Council within the limits of this Constitution. Supervising the execution of judgements rendered by Union Law Courts and the implementation of international treaties and agreements concluded by the Union. 7. 3. Must be a citizen of one of the Emirates of the Union. Dubai 8 seats Sharjah 6 seats Ras AI ? Khaimah 6 seats Ajman 4 seats Umm AI ? Quwain 4 seats Fujairah 4 seats Article 69 Each Emirate shall be free to determine the method of selection of the citizens representing it in the Union National Assembly. Any member who has completed his term may be re-elected Chapter IV THE NATIONAL ASSEMBLY OF THE UNION Section 1 General Provisions. a member of the Union National Assembly shall take the following oath before the Assembly in public session: ?I swear by Almighty God that I will be loyal to the United Arab Emirates. that I will respect the Constitution and the laws of the Union and that I will discharge my duties in the Assembly and its Committees honestly and truthfully? . Controlling the conduct of work in departments and public services of the Union and the conduct and discipline of Union employees in general. The Council of Ministers shall establish a general Secretariat Provided with a number of employees to assist it in the conduct of Its business. within the limits of this Constitution and Union laws. Must be not less than twenty-five Gregorian years of age at the time of his selection. including Ministerial portfolios. Article 70 A member of the Union National Assembly must satisfy the following conditions :1. his Deputy and the other Ministers. 9. When this period expires.Page 185 of 203 5. provided that their appointment and dismissal do not require the issue of a decree. Must enjoy civil status. Article 73 Before assuming his duties in the Assembly or its Committees. The term of membership in the Union National Assembly shall be two Gregorian years commencing from the date of its first sitting. Article 66 1. Issuing also police regulations and other regulations relating to the organisation of public services and administrations. 10. 2. decrees. Seats shall be distributed to member Emirates as follows: Abu Dhabi 8 seats . All rights are reserved for the Federal National Council 2003. All rights are reserved for the Federal National Council 2003. and permanently resident in the Emirate he represents in the Assembly.

Union Bills. The new member shall complete the term of membership of his predecessor. Notwithstanding the preceding paragraph. If votes are equally divided. Section 2 Organisation of work in the Assembly Article 78 The Assembly shall hold an annual ordinary session lasting not less than six months. a replacement shall be selected within two months of the date on which the vacancy is announced by the Assembly. including financial bills. The Assembly may not consider at an extraordinary session any matter other than those for which it has been called into session. Resolutions shall be taken by an absolute majority of the votes of members present. Article 87 Article 76 The Assembly shall decide upon the validity of the mandate of its members. by a majority of all its members and on the proposal of five among them. The resignation shall be considered as final from the date of its acceptance by the Assembly. Any meeting held by the Council without a formal summons. the President of the Union shall summon the Union National Assembly to convene its first ordinary session within a period not exceeding sixty days from the entry into force of this Constitution. commencing on the third week of November each year. except in cases where a special majority has been prescribed. amend or reject them. The Assembly shall be summoned into session. shall be submitted to the National Assembly of the Union before their submission to the President of the Union for presentation to the Supreme Council for ratification. unless the vacancy occurs during the three months preceding the end of the term of the Assembly. 26 All rights are reserved for the Federal National Council 2003. 27 All rights are reserved for the Federal National Council 2003. The National Assembly shall discuss these bills and may pass them. the Assembly shall be ipso facto in session on the twenty first of the said month. and its session shall be terminated by decree issued by the President of the Union with the consent of the Council of Ministers of the Union.Page 186 of 203 Article 74 If. The Assembly shall be competent to accept resignation from membership. if the Assembly is not called to hold its meeting for its annual ordinary session before the third week of November. Section 3 Powers of the National Assembly Article 89 In so far as this does not conflict with the provisions of Article 110. Deliberations of the Assembly shall not be valid unless a majority of its members at least are present. a seat of any member of the Assembly becomes vacant before the end of the term of his membership. This session shall end at the time appointed by the Supreme Council by decree. It shall also decide upon disqualifying members. provided that the decree of dissolution includes a summons to the new Assembly to come into session within sixty days of the date of the decree of dissolution. or in a place other than that legally assigned for its meeting in accordance with this Constitution. Article 79 . provided that such adjournment is not repeated in one session except with the approval of the Assembly and for once only. The period of adjournment shall not be deemed part of the term of the ordinary session. Article 88 Meetings of the Assembly may be adjourned by a decree promul-gated by the President of the Union with the approval of the Council of Ministers of the Union for a period not exceeding one month. Article 75 Sessions of the Union National Assembly shall be held in the Union capital. It may be called into extraordinary session whenever the need arises. Article 77 A member of the National Assembly of the Union shall represent the whole people of the Union and not merely the Emirate which he represents in the Assembly. for any reason. if they lose one of the required conditions. The Assembly may not be dissolved again for the same reason. The Assembly may also be dissolved by a decree promulgated by the President of the Union with the approval of the Supreme Council of the Union. the side which the President of the session supports shall prevail. Exceptionally. Shall be invalid and shall have no effect. Nevertheless. sessions may be held in any other place within the Union on the basis of a decision taken by a majority vote of the members and with the approval of the Council of Ministers.

In performing their duties. 2. Disciplinary discharge on the basis of the reasons and proceedings stipulated in the law. shall answer questions put to them by any member of the Assembly requesting explanation of any matters within their jurisdiction. If the Council of Ministers does not approve of these recommendations. The aforesaid Court shall be bound to accept the ruling of the Union Supreme Court rendered in this connection. in accordance with the provisions in Chapter Eight of this Constitution. Interpretation of the provisions of the Constitution. Expiration of term of contract for those who are appointed by fixed term contract or completion of term of secondment. 2. Death. 6. or between any one Emirate or more and the Union Government. Examination of the constitutionality of laws. Article 98 The President and the Judges of the Union Supreme Court shall. 4. if they are challenged by one or more of the Emirates on the grounds of violating the Constitution of the Union. conditions of service and retirement for its members and the preconditions and qualifications required of them. Their tenure of office shall not be terminated except for one of the following reasons: 1. The Prime Minister or his deputy or the competent Minister. issued by the President of the Union after approval by the Supreme Council. who shall be appointed by decree. The Prime Minister or the Minister concerned shall attend the debates. 7. Article 95 The Union shall have a Union Supreme Court and Union Primary Tribunals as explained hereinafter. Article 99 Chapter V THE JUDICIARY IN THE UNION AND THE EMIRATES The Union Supreme Court shall have jurisdiction in the following matters: 1. if they are challenged by one of the Union authorities on the grounds of violation of the Constitution of the Union or of Union laws. Examination of the constitutionality of Union laws. their order and procedures.Page 187 of 203 Article 90 The Assembly shall examine during its ordinary. 5. that they will render justice without fear or favour and that they will be loyal to the Constitution and the laws of the Union. The Union National Assembly may express its recommendations and may define the subjects for debate. whenever such disputes are submitted to the Court on the request of any of the interested parties. Article 91 The Government shall inform the Union Assembly of international treaties and agreements concluded with other states and the various international organisations. Reaching retirement age. not exceeding five in all. Article 96 The Union Supreme Court shall consist of a President and a number of judges. Article 97 The President and the Judges of the Union Supreme Court shall not be removed while they administer justice. Various disputes between member Emirates in the Union. if such request is referred to it by any Court in the country during a pending case before it. together with appropriate explanations. 3. it shall notify the Union National Assembly of its reasons. Examination of the constitutionality of legislations promulgated by one of the Emirates. judges shall be independent and shall not be subject to any authority but the law and their own conscience. when so requested by any Union authority or by the Government of Article 94 Justice is the basis of rule. in conformity with the procedures prescribed in the standing orders of the Assembly. The law shall prescribe the . 4. Resignation. legislations and regulations in general. Appointment to other offices with their consent. swear on oath before the President of the Union and in the presence of the Union Minister of Justice. Article 93 The Government of the Union shall be represented at sessions of the Union National Assembly by the Prime Minister or his deputy or one member of the Union Cabinet at least. number of the chambers in the Court. Permanent incapacity to carry the burdens of their duties by reasons of ill health. Article 92 The Union National Assembly may discuss any general subject pertaining to the affairs of the Union unless the Council of Ministers Informs the Union National Assembly that such discussion is contrary to the highest interests of the Union. Session the Annual General Budget draft law of the Union and the draft law of the final accounts. before holding office. 3.

a. forgery of the official records or seals of any of the Union authorities and counterfeiting of currency. the authority concerned in the Union or in the Emirate. such as crimes relating to its internal or external security. the President of the Union or the Supreme Council may refer it back to the National Assembly. Any such interpretation shall be considered binding on all. Union laws shall be promulgated in accordance with the provisions of this Article and other appropriate provisions of the Constitution. If the Court. c. 34 All rights are reserved for the Federal National Council 2003. It may. Conflict of jurisdiction between the judicial authority in one Emirate and the judicial authority in another Emirate. or which may be assigned to it by a Union law. exceptionally. Article 100 The Union Supreme Court shall hold its sittings in the capital of the Union. the Council of Ministers of the Union may issue them through the Supreme Council and the President of the Union. PART FIVE UNION LEGISLATIONS AND DECREES AND THE AUTHORITIES HAVING JURISDICTION THEREIN Chapter 1 UNION LAWS Article 110 1. the President of the Union may promulgate the law after ratification by the Supreme Council. The term "bill" in this clause shall mean the draft which is submitted to the President of the Union by the Council of Ministers including the amendments. Article 108 No sentence of death imposed finally by a Union judicial authority shall be carried out until the President of the Union has confirmed the sentence. A draft law shall become a law after the adoption of the following procedure :a. 6. Any other jurisdiction stipulated in this Constitution. b. 3. 4. 5. Article 111 Laws shall be published in the Official Gazette of the Union within a maximum of two weeks from the date of their signature and promulgation by the President of the Union after the Supreme Council has ratified them. or if the Union National Assembly decides to reject the bill. Article 101 The judgements of the Union Supreme Court shall be final and binding upon all. b. 2. 8.Page 188 of 203 any Emirate. 7. The President of the Union shall sign the bill after ratification by the Supreme Council and shall promulgate it. decides that a Union legislation is inconsistent with the Union Constitution. The Council of Ministers shall prepare a bill and submit it to the Union National Assembly. The rules relating thereof shall be regulated by a Union Law. if the situation requires the promulgation of Union laws when the National Assembly is not in session. or that local legislations or regulations under consideration contain provisions which are inconsistent with the Union Constitution or with a Union law. Conflict of jurisdiction between the Union judicial authorities and the local judicial authorities in the Emirates. if any. He may substitute it by an attenuate sentence in accordance with the procedure stipulated in the preceding Article. The Council of Ministers shall submit the bill to the president of the Union for his approval and presentation to the Supreme Council for ratification. assemble when necessary in the capital of any one of the Emirates. and shall remit the execution of the sentence or the remaining part of it. in ruling on the constitutionality of laws. . made to it by the Union National Assembly. If the Union National Assembly introduces an amendment on that occasion which is not acceptable to the President of the Union or the Supreme Council. shall be obliged to hasten to take the necessary measures to remove or rectify the constitutional inconsistency. Crimes directly affecting the interests of the Union. legislations and regulations. Trial of Ministers and senior officials of the Union appointed by decree regarding their actions in carrying out their official duties on tile demand of the Supreme Council and in accordance with the relevant law. or if the Union National Assembly rejects the bill. Such laws shall become in force one month after the date of their publication Article 109 There shall be no general amnesty for a crime or for specified crimes except by law. The promulgation of the law of amnesty shall consider such crimes being deemed non avenue. accordingly. provided that the Union Assembly is notified at its next meeting. 9. If the Union National Assembly inserts any amendment to the bill and this amendment is not acceptable to the President of the Union or the Supreme Council. Notwithstanding the foregoing.

Page 189 of 203 in the said Gazette. However. or unify all or part of their public services or establish a single or joint administration to run any such service. other aviation affairs which are not within the executive jurisdiction of the Union. stipulate the contrary in matters other than criminal. provided that such authority shall not include ratification of international agreements and treaties or declaration or remission of martial law or declaration of a defensive war or appointment of the President or Judges of the Union Supreme Court. Decrees shall be published in the Official Gazette after signature by the President of the Union. Article 114 No decree may be issued unless the Council of Ministers has confirmed it and the President of the Union or the Supreme Council. however. The Emirates shall all participate in the establishment of the Union and shall benefit from its existence. Two or more Emirates may. has ratified it. Article 119 Union law shall regulate with utmost ease matters pertaining to the execution of judgements. it may authorise the President of the Union and the Council of Ministers collectively to promulgate decrees whose ratification is within the power of the Supreme Council. serving legal documents and surrender of fugitives between member Emirates of the Union. they shall have the force of law and the Union National Assembly shall be notified at its next meeting. civil and commercial transactions and company law. if necessity so requires. The law may. Article 117 The exercise of rule in each Emirate shall aim in particular at the maintenance of security and order within its territories. unless another date is specified in the said law. Article 113 Should necessity arise for urgent promulgation of Union laws between sessions of the Supreme Council. Article 112 No laws may be applied except on what occurs as from the date they become in force and no retroactive effect shall result in such laws. If they are approved. requests for commissions of rogation. Article 115 While the Supreme Council is out of session and if necessity arises. technical and industrial property and copyright. protection of agricultural and animal wealth? major legislations relating to penal law. 40 All rights are reserved for the Federal National Council 2003. PART SIX THE EMIRATES Article 116 Article 122 The Emirates shall have jurisdiction in all matters not assigned to the exclusive jurisdiction of the Union in accordance with the provisions of the two preceding Articles. import of arms and ammunitions except for use by the armed forces or the security forces belonging to any Emirate. banks. they shall cease to have the force of law unless that it has decided to sanction their effectiveness during the preceding period. the provision of public utilities for its inhabitants and the raising of social and economic standards. or to settle in some other way the effects arising therefrom. after obtaining the approval of the Supreme Council. the President of the Union together with the Council of Ministers may promulgate the necessary laws in the from of decrees which shall have the force of law. Chapter 11 LAWS ISSUED BY DECREES Article 118 The member Emirates of the Union shall all work for the coordination of their legislations in various fields with the intention of unifying such legislations as far as possible. Article 123 . provided that they are not inconsistent with the Constitution. services and protection. Such decree-laws must be referred to the Supreme Council within a week at the maximum for assent or rejection. agglomerate in a political or administrative unit. The Emirates shall exercise all powers not assigned to the Union by this Constitution. printing and publishing. according to their powers. procedures before the civil and criminal courts? protection of cultural. delimitation of territorial waters and regulation of navigation on the high seas. if the Supreme Council does not approve them. The Union shall have exclusive legislative jurisdiction in the following matters: Labour relations and social security? real estate and expropriation in the public interest? extradition of criminals. Chapter 12 ORDINARY DECREES Article 121 Without prejudice to the provisions of the preceding Article. insurance of all kinds.

Contribution made by member Emirates of the Union in the Annual Budget of the Union in accordance with the article herein coming after. Article 133 No Union tax may be imposed. such expenditure or transfer may be arranged by decree-law in conformity with the provisions of Article 113 of this Constitution. shall be referred to the Union National Assembly at least two months before the beginning of the financial year. duties and fees may not be levied on any person except within the limits of the law and in accordance with its provisions. In all cases. before the draft budget is submitted to the . for assent. The Emirates may retain their membership in the OPEC organisation and the Organisation of Arab Petroleum Exporting Countries or may join them. fees and duties imposed under a Union law in matters within the legislative and executive jurisdiction of the Union. Notwithstanding the foregoing. Revenues shall be collected and expenditure disbursed in accordance with the laws in force at the end of the preceding financial year. for discussion and submission of comments thereon. No person may be exempted from payment of such taxes except in the cases specified by law. internal security and social affairs according to the urgent needs of some of the Emirates. the member Emirates of the Union may conclude limited agreements of a local and administrative nature with the neighbouring states or regions. Article 131 All expenditure not provided for in the budget. Article 128 The law shall prescribe the method of preparing the general budget of the Union and the final accounts. save that such agreements are not inconsistent with the interests of the Union or with Union laws and provided that the Supreme Council of the Union is informed in advance. Article 127 The member Emirates of the Union shall contribute a specified proportion of their annual revenues to cover the annual general budget expenditure of the Union. -Editor PART EIGHT FINANCIAL AFFAIRS OF THE UNION Article 126 The general revenues of the Union shall consist of the income from the following resources: 1. all expenditure in excess of the budget estimates and all transfers of sums from one part to another of the Budget must be covered by a law. 2. Temporary monthly funds may be made by Union decree on the basis of one twelfth of the funds of the previous financial year. in cases of extreme urgency. Union taxes. Supreme Council of tile Union. Taxes. Accomplished by means of and under the supervision of the competent Union bodies with the agreement of authorities of the Emirates concerned. where the budget law has not been promulgated before the beginning of the Financial year. The execution of these projects and the disbursement thereon shall be drawn from these funds. together with those comments. 45 All rights are reserved for the Federal National Council 2003.Page 190 of 203 As an exception to paragraph 1 of Article 120 concerning the exclusive jurisdiction of the Union in matters of foreign policy and international relations. amended or abolished except by virtue of law. 3. comprising estimates of revenues and expenditure. it shall be obligatory to suspend the matter until the Union Court has ruled on that objection as early as possible. Article 129 The draft annual budget of the Union. 4. The Union may establish a special fund for this purpose. and constriction projects. The law shall also define the beginning of the financial year. Fees and rates received by the Union in return for services provided. 42 All rights are reserved for the Federal National Council 2003. Union income from its own properties. in the manner and on the scale to be prescribed in the Budget Law. If the Council objects to the conclusion of such agreements. PART SEVEN Please refer to the official web site of the Government of United Arab Emirates for Part Seven. PART NINE ARMED FORCES AND SECURITY FORCES Article 137 Every attack upon any member Emirates of the Union shall be considered an attack upon all the Emirates and upon the existence of the Union itself. Article 130 The annual general budget shall be issued by a law. which all Union and local forces will co-operate to repel by all means possible. Article 132 The Union shall allocate in its annual budget a sum from its revenue to be expended on building.

take any immediate measure which cannot be delayed Article 146 In case of necessity defined by law. The Supreme Council may call upon the aid of the local armed forces belonging to any Emirate for this purpose provided that the Emirate requesting assistance and the Emirate to whom the forces belong agree. if the Supreme Council is not in session. The Council may invite any military adviser or expert or other persons it wishes to attend its meetings but they shall have no decisive say in its deliberations. may any of the provisions of this Constitution be suspended. Martial law shall be declared by a decree promulgated with the approval of the Supreme Council on the basis of a proposal made by the President of the Union with the consent of the Council of Ministers of the Union. Article 143 Any Emirate shall have the right to request the assistance of the Armed Forces or the Security Forces of the Union in order to maintain security and order within its territories whenever it is exposed to danger. It shall advise and offer views on all matters pertaining to defence maintenance of the peace and security of the Union. If the Supreme Council considers that the topmost interests of the Union require the amendment of this Constitution. Council of Ministers of the Union. their equipment and development and the determination of their posts and camps. The Union may have A Union Security Forces. the Union against any external aggression. the Supreme Council shall adopt the necessary measures to prepare a draft permanent Constitution to take the place of this temporary constitution. Article 140 The declaration of defensive war shall be declared by a Union decree issued by the President of the Union after its approval by the Supreme Council. The Commander in Chief of these forces and the Chief of the General Staff shall be appointed and dismissed by means of a Union decree. During the transitional period. except when Martial Law is in force and within the limits specified by this law. Article 142 The member Emirates shall have the right to set up local security forces ready and equipped to join the defensive machinery of the Union to defend. FINAL AND TRANSITIONAL Article 139 The law shall regulate military service. PART TEN PROVISIONS Article 144 1. Such decree shall be notified to the Union National Assembly at its next meeting. if need arises. the Commander in Chief and the Chief of the General Staff. and considered necessary and may call the Supreme Council into immediate session. Such a request shall be submitted immediately to the Supreme Council of the Union for decision. Notwithstanding the foregoing. Forming of the armed forces. Interior. the Ministers of Foreign Affairs.Page 191 of 203 Article 138 The Union shall have army. The permanent Constitution shall be presented at this session. It shall be promulgated according to the procedure laid down in paragraph 2 of this Article. the rights and duties of members of the Armed Forces. no longer exists. for which it was imposed. The President of the Union shall sign the constitutional amendment in the name of the Supreme Council and as its representative and shall promulgate the amendment. it shall submit a draft constitutional amendment to the Union National Assembly. The Union Council of Ministers shall be responsible directly to the President of the Union and the Supreme Council of the Union for the affairs of all these forces. Martial law shall be similarly lifted by decree issued with the approval of the Supreme Council when the need. sessions of the National Assembly of the Union may not be suspended during that period nor may the immunity of its members be violated. c. The approval of the Union National Assembly for a draft constitutional amendment shall require the agreement of twothirds of the votes of members present. Defence. 2. navy and air forces with unified training and command. 3. a. The procedure for approving the constitutional amendment shall be the same as the procedure for approving laws. Article 145 Under no circumstances. The Supreme Council shall call the Union National Assembly into extraordinary session at a time not more than six months before the end of the period of validity of this temporary Constitution. The President of the Union and the Council of Ministers of the Union collectively. general or partial mobilisation. Finance. b. Subject to the provisions of the following paragraphs. All matters pertaining to this Council shall be regulated by means of a law. Offensive war shall be prohibited in accordance with the provisions of international charters. may. It shall submit the draft permanent Constitution to the Union National Assembly for debate before promulgating it. the provisions of this Constitution shall apply for a transitional period of five Gregorian years beginning from the date of its entry into force in accordance with provisions of Article 152. their disciplinary procedures and similarly the special regulations of the Union Security Forces. 4. .

regulations. Article 151 The provisions of this Constitution shall prevail over the Constitutions of the member Emirates of the Union and the Union laws which are issued in accordance with the provisions of this Constitution shall have priority over the legislations.asp?SPName=CHR N&StructuredIndexCode=&LawBookID=021020011753972 &Year1=&Year2=&YearGorH= Article 147 Nothing in the application of this Constitution shall affect treaties or agreements concluded by member Emirates with states or international organisations unless such treaties or agreements are amended or abrogated by agreement between the parties concerned. decrees. that part of the inferior legislation which is inconsistent with the superior legislation shall be rendered null and void to the extent that removes the inconsistency. particularly those which are not consistent with the provisions of the Constitution. the Emirates may promulgate legislations necessary for the regulation of the matters set out in the said Article without violation of the provisions of Article 151 of this Constitution.org/pdb/RelatedArticlesGvnSPName. Source: Helpinlaw. Similarly.com 03/05/07 http://www. Article 150 The Union authorities shall strive to issue the laws referred to in this Constitution as quickly as possible so as to replace the existing legislations and systems. no Data All rights are reserved for the Federal National Council 2003. shall continue to be applicable unless amended or replaced in accordance with the provisions of this Constitution. the matter shall be referred to the Union Supreme Court for its ruling. Article 149 As an exception to the provisions of Article 121 of this Constitution. orders and decisions in the various member Emirates of the Union in effect upon the coming into force of this Constitution.php Arabic Text from UNDP . Article 148 All matters established by laws.Page 192 of 203 http://www. In case of conflict. In case of dispute. regulations and decisions issued by the authorities of the Emirates. the measures and organisations existing in the member Emirates shall continue to be effective until the promulgation of laws amending them in accordance with the provisions of the Constitution.com/law/uae/constitution/constitution 01.arabipu.helplinelaw.

and dogma of international law which are generally recognized. amendment. and Arabic is its official language. Article (17) The law shall specify the scales of salaries. c. Protection and respect for private ownership. Article (6) The Republic of Yemen confirms its adherence to the UN Charter. Article (14) The state shall encourage cooperation and savings. Any attack on or misuse of these. wages.Page 193 of 203 Yemen PART ONE: THE FOUNDATIONS OF THE STATE Chapter I: The Political Foundations Article (1) The Republic of Yemen is an Arab. Article (18) Contracting concessions regarding natural resources and public facilities should be undertaken according to the law. the Charter of the Arab League. private capital investment in all socioeconomic development fields and in accordance with law. achieving social integration and equilibrium. The Law stipulates rules and procedures required for the formation of political organizations and parties. shall be considered sabotage and an aggression on society.. Article (5) The political system of the Republic of Yemen is based on political and partisan pluralism in order to achieve a peaceful transformation of power. It shall sponsor efforts to establish cooperative projects and activities of all kinds. in territorial waters. according to the law. on the continental shelf or the exclusive economic zone are owned by the state. The state shall issue legislation that guarantees protection for producers and consumers. executive and judicial authorities. Article (16) The executive power is not authorized to contract loans or guarantee them or associate itself with a project that entails the spending of public funds in a coming year/years without the approval of the House of Representatives. in lieu of fair consideration and in accordance with law. b. compensations. Article (13) The imposition. Lawful competition between the public. Article (20) General confiscation of property is prohibited. or indirectly through the legislative. and those who violate their sacrosanctity shall be punished in accordance with the law. which cannot be confiscated unless necessary in the public interest. the International Declaration of Human Rights. Chapter II: The Economic Foundations Article (7) The national economy is based on freedom of economic activity which benefits both the individual and society and which enhances national independence. The people of Yemen are part of the Arab and Islamic nation. Article (10) The state shall sponsor foreign trade and promote internal trade and investment in a way that serves the national economy. availability of basic commodities. Article (12) Taxes should be assessed with regard to the public interest in order to achieve social justice among citizens. It shall also define measurements. Private confiscation is not allowed without a legal judgment. Article (2) Islam is the religion of the state. Islamic social justice in economic relations which aims at developing and promoting production. and rules and procedures to be undertaken. Article (21) The state shall collect the Zakat (Shari'ah tax) and shall spend it through its legal channels in accordance with the law. standards and weights. Misuse of Governmental posts and public funds for the special interest of a specific party or organization is not permitted. . Article (15) The law shall specify the basic rules for the collection and disbursement of public funds. which they exercise directly through public referendums and elections. The law shall also regulate the ways of awarding concessions to local entities/units and the free disposal/use of public funds. The law may illustrate some cases of limited significance in which concessions could be granted according to rules and procedures clarified in the law. and realisation of equal and just treatment in all sectors. subsidies and bonuses payable from the government treasury. Article (4) The people of Yemen are the possessor and the source of power. as well as through elected local councils. whether above ground. The national economy should be founded on the following principles: a. and the exercise of political activity. The law shall define cases and ways of granting certain immobile and mobile property. Article (9) The state's economic policy shall be based on scientific planning which ensures the best exploitation of all resources and the promotion of capabilities for all economic sectors in all socioeconomic fields of development and within the state's development plan which serves the common interest and the national economy. fees or other charges except by law. private. restriction of monopoly and shall promote. No one is to be partially or fully exempted from the payment of taxes except as stipulated in the law and no one shall be subject to taxes. which assure their exploitation for the common good of the people. The state and all members of society shall maintain and protect them. Islamic and independent sovereign state whose integrity is inviolable. Article (11) The law shall regulate the state's official currency and the financial and banking systems. and cancellation of taxes shall only be authorized by law. underground. and no part of which may be ceded. Article (3) Islamic Shari'ah is the source of all legislation. Article (8) All types of natural resources and sources of energy. Article (19) Public funds and properties are inviolable. providing equal opportunities and promoting higher living standards in society. cooperative and mixed economic sectors.

will exist to attend to matters pertaining to means of safeguarding the Republic and its security. political party or organization may establish forces or paramilitary groups for whatever purpose or under any name. Article (44) A Yemeni national may not be extradited to a foreign authority. Chapter III: Social and Cultural Foundations Article (24) The state shall guarantee equal opportunities for all citizens in the fields of political. implement the orders of the judicial authority and execute duties dictated to it by the Country's laws. Such forces belong to all the people and their function is to protect the republic and safeguard its territories and security. The state shall guarantee freedom of thought and expression of opinion in speech. Once Yemeni nationality is acquired it may not be withdrawn except in accordance with the law. which is based on justice.Page 194 of 203 Article (22) Endowment properties are inviolable. Persons in public office are to serve the public interest and the people. individual. Those who control them are obliged to improve and develop their resources and spend them in a way that secures the accomplishment of their objectives and legal aims. Article (29) Work is a right. Article (33) In cooperation with society. Article (31) Women are the sisters of men. Article (41) Every citizen has the right to participate in the political. security. police and security forces. police and other forces shall not be employed in the interest of a party. Chapter IV: The National Defence Foundations Article (35) The state is the authority to establish the armed forces. the state bears responsibility for consequences resulting from natural disasters and public crises. the police. Article (27) The state shall guarantee freedom of scientific research and achievements in the fields of literature. The law shall regulate the provisions regarding the practice of this right. No organization. Article (30) The state shall protect mothers and children. Article (25) Yemeni society is based on social solidarity. Article (42) The citizen has the right to elect and nominate himself as a candidate in an election. The law shall maintain the integrity of the family and strengthen its ties. A special law will be issued accordingly. It shall preserve the law. factionalism. Article (34) It is the duty of the state and all members of society to protect and maintain the archaeological and historical sites. economic. The members of all forces are banned from party memberships and activities according to the law. Society shall with the state take part in providing them. group. duties and other functions. its pillars are religion. They have rights and duties. Every citizen has the right to choose the appropriate work for himself within the law. Article (39) Military. and shall sponsor the young. writing and photography within the limits of the law. protect general behavior. promotion and disciplinary procedures in the military. economic. The law shall punish those who abuse their inviolability or sell them. Article (43) The law shall regulate Yemeni nationality. and a necessity for society's progress. keep public order. The law shall regulate union activities and professional work. the security forces and any such bodies. freedom and equality according to the law. Article (26) The family is the basis of society. Article (28) Public office is a duty and an honour. They shall be safeguarded against all forms of differentiation resulting from party affiliation. No citizen can be compelled to do any work except within the law. regionalism and tribalism in order to guarantee their neutrality and the fulfillment of their duties in the proper manner. social and cultural life of the country. as well as the right to demonstrate his opinion in a referendum. which are guaranteed and assigned by Shari'ah and stipulated by law. The law shall specify the terms of public service and the duties and rights of persons in public office. PART TWO: THE BASIC RIGHTS AND DUTIES OF CITIZENS Article (40) Citizens are all equal in rights and duties. which conform with the spirit and objectives of the Constitution. an individual or group. Article (38) The police is a civilian and formal force which performs its duties for the service of the people and guarantees peace and security for the people. Article (36) General mobilization shall be organized according to the law and shall be proclaimed by the President of the Republic following the approval of the House of Representatives. and police by-laws. Article (32) Education. and artistic creation and shall protect achievements thereof. customs and love of the homeland. headed by the President of the Republic. and in which case it is to serve the common interest and be in return for a fair wage. an honour. The state shall provide means conducive to such achievements and shall provide support and encouragement for scientific and technical invention. The law stipulates the conditions for military service. health and social services are the basic pillars for building and developing the society. No crime or punishment shall be undertaken without a provision in the Shari'ah or the law. social and cultural activities and shall enact the necessary laws for the realization thereof. Any abuse of the sites or confiscation of archaeological finds shall be considered sabotage and an assault against society. and the relationship between workers and employers. Any Yemeni shall not be deprived of his nationality. arts and culture. Article (23) The right of inheritance is guaranteed in accordance with Islamic tenets (Shari'ah). racism. Article (45) Extraditing political refugees is prohibited. The law shall determine its composition. Article (37) The National Defense Council. Article (46) Criminal liability is personal. The accused is innocent until proven .

The judge or Public Prosecutor shall inform the detained individual of the reason for his detention and questioning and shall enable the accused to state his defense and pleas or reputals. b. the Prosecutor is not entitled to continue detention of the accused individual more than seven days except with a judicial order. Article (48) The right to defend oneself in person or by representation is guaranteed during all periods of investigation and in front of all courts. and may not be restricted except by law and for reasons necessitated by the security and safety of the people. places of worship. The state shall guarantee freedom for the political. Article (56) Freedom of movement from one place to another within the country is guaranteed for all citizens. The same notification shall be repeated whenever a court orders the continuation of the detention. mental and physical education. Article (54) Health care is a right for all citizens. provide them with religious. telephone. The state shall guarantee judicial assistance to those who cannot afford it. a person may immediately contact someone of his choice. Article (59) Defending religion and the homeland is a sacred duty. The law shall define the maximum period of custody. scientific and social organizations Article (58) Paying taxes and public dues or charges of public hardships is a duty according to the law. preserve their dignity and their security. Article (49) Execution of punishments shall not be undertaken by illegal means. social and national organizations in a way that serves the goals of the Constitution. order.Page 195 of 203 guilty by a final judicial sentence. cultural. e. the detainee's closest relative or concerned friend shall be notified. c. detention or jail is a crime that cannot be prescribable. The state shall guarantee education in accordance with the law through building various schools and cultural and educational institutions. and national service is to be organized by law. trade. d. They also have the right to submit their complaints. The person whose freedom is restricted has the right not to answer any questions in the absence of his lawyer. the state shall guarantee this by building various hospitals and health establishments and expanding their care. The state shall guarantee to its citizens their personal freedom. military duty is an honour. and educational institutions have a sanctity which may not be violated through surveillance or search except in the cases stipulated by the law. and no law may be enacted to put a person to trial for acts committed retroactively. old age or the loss of support. No citizen may be deported from or denied return to Yemen. The law shall define the cases in which citizens freedom may be restricted. Article (57) In as much as it is not contrary to the Constitution. No individual can be arrested. cultural. No person may be imprisoned or detained in places other than those designated as such and governed by the law of prisons. in accordance with the rules of the . The state shall guarantee these rights. criticisms. If the nominated person can not be notified. for whatever reasons. law. The law shall organize the medical profession. The state shall give special attention to young people and protect them against perversions. none of which may be censored. No person can be put under surveillance unless in accordance with the law. exposed. Article (53) Education is a right for all citizens. searched. and the appropriate environment to develop their aptitude in all fields. Forcing confessions during investigations is forbidden. the citizens may organize themselves along political. Any person temporarily apprehended on suspicion of committing a crime shall be presented in front of a court within a maximum of 24 hours from the time of his detention. Upon arrest. disability. They have the right to form associations in scientific. The state shall do its best to obliterate illiteracy and give special care to expanding technical and vocational education. the expansion of free health services and health education among the citizens. and suggestions to the various government offices directly or indirectly. delayed or confiscated except in cases specified by law and according to a court order. Any person whose freedom is restricted in any way must have his dignity protected. All those who practice. according to the law. The law shall determine the punishment for whosoever violates any of the stipulations of this Article and it shall also determine the appropriate compensation for any harm the person suffers as a result of such a violation. Article (52) The state shall guarantee the freedom and confidentiality of mail. Physical punishment and inhumane treatment during arrest. Physical or psychological torture at the time of arrest. detention or imprisonment are prohibited. and shall take the necessary measures to enable citizens to exercise them. Article (50) Citizens have the right of recourse to the courts to protect their rights and lawful interests. unemployment. physical or psychological torture shall be punished. Physical and psychological torture is prohibited. The court then gives an order justifying the release of the accused or extending his detention. or participate in executing. Basic education is obligatory. Article (55) The state shall guarantee social security for all citizens in cases of illness. which is necessary for the progress of an investigation or the maintenance of security. Personal freedom cannot be restricted without the decision of a competent court of law. In all cases. searched or detained unless caught in the act (in flagrante delicto) or served with a summons from a judge or the Public Prosecutor. The law shall regulate entry and exit from Yemen. The state shall especially guarantee this for the families of those killed in war according to the law. professional and union lines. Article (51) Residences. The law shall organize such matter. Article (47) a. telegram and all other means of communication.

which will judge the validity of the appeal within 60 days of receiving the verdict of the court. free and equal vote directly by the people. b. excluding those whose seats were declared vacant. must be of good character and conduct. If in extraordinary circumstances. A candidate for the House of Representatives must meet the following conditions: a. must be a Yemeni citizen. It shall also direct and monitor the activities of the Executive Authority as stipulated in this constitution. Article (65) The House of Representatives is to be located in Sana'a. Article (69) The House of Representatives shall. It shall enact laws. It may be called to hold extraordinary sessions. Article (67) The House shall be competent to determine the legitimacy of its membership. it is necessary for more than half of its members to attend. the President. Each constituency shall elect a member to the House of Representatives. The oldest member shall chair the House during the election of the Speaker and the House's internal regulations shall specify all the procedures for electing the Presiding Board of the House. 2. the House shall meet on the morning following the date of expiration of the said two weeks. . Article (63) 1. must be at least 18 years old. Any appeal shall be submitted to the Supreme Court within 15 days of its delivery to the House.Page 196 of 203 Article (60) Preserving national unity. The Court's findings and verdict must be submitted to the House. Article (71) For the meetings of the House of Representatives to be valid. its prerogatives and constitutional powers. enacted and amended by law. but shall be given priority if submitted in another session. A voter must meet the following two conditions: a. fulfill his religious duties and have no court convictions against him for committing crimes that contradict the rules of honour and honesty. Article (73) The House shall annually hold two ordinary sessions. No other armed force may enter the House premises or take positions near its entrances except at the request of the Speaker. the existing House continues to function until such circumstances are overcome and elections can be held. b. safeguarding secrets of the state. The internal regulations of the House shall specify the dates of the ordinary sessions and their duration. on an invitation from the President of the Republic. Internal regulations determine the conditions under which the House may hold meetings outside the capital city. The House session shall not be adjourned during the last quarter of the year before the endorsement of the General Budget of the state. If the results of voting are equally divided. If no such invitation is made. the House of Representatives shall elect from among its members. d. must be at least 25 years old. The House shall include a General Secretariat. respecting the laws and following their rules are every citizen's duty. PART THREE: ORGANISATION OF THE STATE AUTHORITIES Chapter I: The Legislative Authority The House of Representatives Article (61) The House of Representatives is the legislative authority of the state. its duration and its other functions. elections cannot be held. a chairman and three Deputies to form the Presiding Board of the House. Article (62) The House of Representatives consists of 301 members. Article (70) At its first meeting. Article (72) Meetings of the House of Representatives shall be open to the public but the House may hold closed meetings at the request of the Speaker. presided over by a Secretary General. the House may call for extraordinary sessions by Presidential decree. must be a Yemeni. Decisions shall be taken by an absolute majority of the attending members except in cases where the Constitution or House regulations demand a specific majority. The Speaker of the House shall take charge of such responsibility through a special guard force under his command. Membership of the House may not be nullified except by a resolution taken by two thirds of the House. may not contradict or amend any clause in the Constitution. must be able to read and write (literate). and approve government budgets and final accounts. the internal regulations of the House shall specify the rules that relate to its formation and other rules connected to it. Such regulations. The House shall then decide whether the discussion of the subject should be conducted openly or in closed meetings. The investigation must be completed within 90 days from the date of the submission of the appeal to the Supreme Court. Article (68) The House of Representatives alone shall have the exclusive right to maintain order and security within the premises of the House. In times of necessity. or a written request from one third of the members. The Republic shall be divided into constituencies equal in number of population with a variation of not more than 5% plus or minus. c. the Government. or at the request of at least twenty members of the House. unless he was pardoned /reprieved. Article (66) The House of Representatives issues its internal regulations. the capital. who shall be elected in a secret. sanction general state policy and the socio-economic plan. a decision by the Presiding Board of the House. stipulating the procedures of its working committees. Article (64) The term of the House of Representatives is four calendar years starting from the date of its first session. further deliberations must be rejected within the same session. The Speaker shall call the voters to elect a new House at least sixty days before the expiry date of the existing House. hold its first meeting no later than two weeks after the announcement of the results of the elections.

Article (78) A member of the House of Representatives shall not interfere with the work of the Executive or the Judicial authorities. Article (90) The final accounts of the Government's annual budget shall be submitted to the House within a period that does not exceed nine months from the end of the fiscal year. his deputies and ministers shall not be entitled to such remuneration if they happen to be members of the House of Representatives. the previous year's budget shall be followed until the new budget is approved. The House may not change the proposed budget without the approval of the government. or for his voting pattern in open or closed meetings. Any proposed law submitted by others than the government may not be submitted again during the same session. it is to be recalled for an extraordinary session. these may only be proposed by the government or by at least 20% of the representatives. b. and their amendments. Voting on the Bill shall be made on a section by section basis and shall be approved by an enactment of law. prior to his assumption of membership duties. imprisonment. Article (79) Membership of the House of Representative may not be combined with membership of a local council or with any public employment. and the House of Representatives shall be notified at the first meeting following the procedures taken. If the House is in recess. The proposed general budget shall be submitted to the House of Representatives at least two months before the beginning of the fiscal year. The members of the House and the House as a whole has the right to comment on the government's program. The Chairman of the Councilor Ministers. Also the annual report of the organization concerned with the auditing and control of government accounts shall be submitted to the . The House shall make sure of the rectitude of the procedures followed in such cases. Article (83) The membership of a member of the House of Representatives may not be nullified unless any of the membership conditions stipulated in this Constitution cease to apply. Article (89) The law shall specify the rules of the budgets of public authorities. If the House decides to discuss any of these it can be transferred to the committee responsible for examining and reporting thereon. In the case of financial laws that aim at increasing or abolishing an existing tax. which has the exclusive right to accept them. Article (77) If a seat of a member of the House of Representatives becomes vacant for more than a year before the expiry of the House's tenure. If the budget law is not enacted before the beginning of the fiscal year. or aim at allocating part of the state funds for a certain project. Every expenditure not provided for in the budget or any additional revenue shall only be authorized by law. With he exception of the above. Article (80) A member of the House of Representatives shall not be held responsible for facts he comes across or matters he raises in the House or any of its committees. and their final accounts. the autonomous and supplementary budgets. arrest. A law shall be enacted to stipulate the process of the preparation of such plans. a replacement shall be elected within sixty days of the House's declaration of the vacancy and this membership ends when the existing House duration comes to an end. No allocation of revenue for a specific purpose may be authorized except by a law. A vote shall be taken on each part of the budget. corporations and companies. or if the member commits a grave violation of the membership duties according to the specifications of the internal regulations of the House. Article (84) A member of the House of Representatives and the government have the right to propose bills for laws. Article (85) Within a maximum of twenty-five days of the Formation of the new government. Article (75) A member of the House of Representatives shall. swear the Constitutional oath before the House in an open session. The failure of the government to win the required majority is to be considered a with-holding of confidence. their submission to the House and the approval thereof.Page 197 of 203 Article (74) A member of the House of Representatives represents the whole nation. This does not apply to cases of slander or defamation by members. Membership of the Council of Ministers may concur with membership of the House of Representatives. the Presidency Board and other members of the House shall receive a fair remuneration specified by law. It shall be enacted by a law. Article (88) The transfer of any amount from one section to another of the general budget must be approved by the House of Representatives. All the proposed laws presented by a member or additional members of the House shall not be referred to one of the committees of the House before being studied by a special committee which will determine whether the proposal meets the requirements for action by the House. inspection. the House shall be notified forthwith. The law shall specify the way to prepare and categorize the general budget as well as specifying the fiscal year. permission shall be sought from the Presidency Board of the House. these budgets shall be subject. Article (82) Members of the House of Representatives submit their resignations to the House. and in such a case. Article (86) The House of Representatives shall approve comprehensive social and economic development plans. If the House of Representatives is in recess. their accounts. Article (76) The Speaker and members of the House of Representatives. guards the public interest and his representation may not be subjected to any restriction or special condition. Article (87) a. or punishment except with the permission of the House of Representatives save in the case his being caught in the act. the Chairman of the Council of Ministers shall present his governments programme to the House of Representatives in order to win a vote of confidence by the majority of the members of the House. or decrease or give exemption from part of it. Article (81) A member of the House of Representatives may not be subject to procedures of investigation.

Article (92) The House of Representatives has the right to present instructions and recommendations to the government regarding general issues. The House shall also meet under the power of the Constitution if a referendum does not take place within thirty days or does not gain the required majority. it comes into effect under the power of the Constitution. and is. Article (100) The President of the Republic may not dissolve the House of Representatives except in urgent circumstances and only after a nation-wide referendum on the reasons for the dissolution. The House may not withdraw confidence from the government before an interpolation directed at the Prime Minister or he who is acting on his behalf. the House of Representatives may create a special committee or instruct one of its committees to investigate any issue which is contrary to public interest or to investigate the actions of any ministry. Article (96) Every member of the House has the right to direct an interpolation to the Prime Minister. Chapter II: The Executive Authority . The final vote must be on the bill as a whole. board. ministers. However. Article (103) Laws shall only apply to cases occurring after they become operative. it shall be considered a law. The questioning may not be converted into an interpolation during the same sitting. public/mixed corporation. the committee may gather proof and hold hearings by seeking testimony from any party/person it deems necessary. and the President shall issue it within two weeks. Article (102) All laws are published in the official gazette. No laws may be applied in a retroactive manner. or elections did not take-place. the President shall issue a decree of dissolution. If he does not return the bill to the House within this period. or if the requested review is not heeded the Bill is then approved once again by the majority of the House. and are announced within two weeks of issuance. In all cases. Article (99) Voting on bills is done on an Article by Article basis. truce. However. A majority is necessary to pass a vote of no-confidence. of whatsoever form or level. in matters other than taxes and penal measures. alliance. the new House must hold its first session within ten days following the completion of elections. Responses to and discussions of such interpolations shall take place after at least one week. Article (97) The House of Representatives may withdraw confidence from the government. the new House of Representatives may not be dissolved again for the same reason. All executive and special authorities shall comply by laying all information or documentation they possess at the disposal of the relevant committee. If the President does not issue the law. it must hold its first session by the end of the said ten days in accordance with the rules of the Constitution. Article (98) The Prime Minister.Page 198 of 203 House. request explanation of government policies and exchange views concerning that issue. peace or border alterations. Article (91) The House of Representatives shall ratify international political and economic treaties and conventions of a general nature. ministers or deputy ministers on any matter falling within their responsibilities and they are under obligation to provide answers accordingly. The President of the Republic shall issue a decree that suspends the sessions of the House and calls for the referendum within thirty days. The government or any of its members must comply with the request of the House of Representatives to attend any of its meetings. The internal regulations of the House explain the procedures in this respect. together with its comments thereon. he must then return the bill to the House of Representatives within thirty days of its submission. the approval of two thirds majority is needed in the House of Representatives. except in cases which the House deems urgent. They may also bring along any senior officials to assist in such deliberations. government agency. Article (95) The responsibility of the Council of Ministers is both collective and individual. such representatives of governments may not participate in the votes of the House unless they are members thereof. or local councils. If elections are held. The House cannot vote on the issue of no-confidence in the government without seven days' notification of such a vote. the dissolution is considered void and null and the House shall meet by under the power of the Constitution. Every member of the House of Representatives may pose questions to the Prime Minister. This period may be shortened or extended by specific provision in the law. The request for interpolation must by signed by a third of the members of the House. which involve financial commitments on the slate or for which their execution needs the enactment of a law. Based on a reasoned decision. Once the House of Representatives is dissolved. any of his deputies. and to which the government agrees. The House of Representatives has the right to ask the Organization to submit any supplementary documents or reports. and their deputies are given the floor whenever they ask to clarify any points in the deliberations of the House of Representatives. Article (93) At least twenty per cent of the members of the House may move a motion to discuss a public issue. In such case. The decree shall simultaneously call voters to elect a new House of Representatives within a date that does not exceed sixty days from the date of the announcement of the results of the referendum. If the dissolution decree does not include the above-mentioned call. and shall come into force within thirty days of their publication. and in particular those connected to defense. If an absolute majority of the voters are in favour of the dissolution. the House of Representatives may not be dissolved in its first session. To carry out such investigations. If the House is not called to meet. Article (101) The President of the Republic has the right to request a review of any bill which is approved by the House. If the government failed to execute these instructions and recommendations it has to justify such action to the House. at once. his deputies. his deputies and ministers to hold them accountable for matters under their charge. published in the Official Gazette and come into operation two weeks later. Article (94) Upon a request signed by at least ten of its members. and those. specific stipulations in the law may determine otherwise.

the Presiding Board of the House shall temporarily take over the functions of the President. the new President shall be elected. c. Article (117) The President of the Republic may not during his term. c. To be of good character. stating his reasons. He shall adhere to the principle of a peaceful transition of power. The President shall have a Vice President to be appointed by the President. then the Presidential term is prolonged until Parliamentary elections are held. the Vice President temporarily takes over the presidential functions for a period that does not exceed sixty days. Article (115) If the post of the President of the Republic becomes vacant or should the President become permanently disabled. the old President continues his functions for a maximum of ninety days based on an authorization from the House of Representatives. The prolongation of the term for more than ninety days can only take place if the country is in a state of war. Article (110) The President of the Republic is the Supreme Commander of the Armed Forces. e. The President of the Republic is the President of the state and shall be elected according to the Constitution.Page 199 of 203 Article (104) Executive authority shall be exercised. procedures must be initiated to elect the new President. the constitutional oath in front of the House of Representatives before assuming his responsibilities. Election of the President of the Republic shall be by the people and in a competitive elections. If the resignation is not accepted. Article (111) The term of the President of the Republic is five calendar years from the date of performing the constitutional oath. To be a descendant of Yemeni parents. the government shall replace the Presiding Board of the House in carrying out the functions of the Presidency. Article (113) Within ninety days prior to the expiry of the term of the President. Proposals must be submitted to the Speaker of the House of Representatives. The rules of Articles 106. elections shall be repeated according to the above procedures for the two candidates who got the highest number of votes. in accordance with the previous rules of the Articles of this section. If the House of Representatives is under dissolution. and exercise his authority according to the Constitution. Within sixty days of the first meeting of the new House of Representatives. b. e. during which new elections for the President of the Republic shall take place. Candidatures must be studied by the Presiding Board of the House of Representatives to ensure that the candidates meet the constitutional conditions. The person who wins an absolute majority of those who participated in the elections is considered the President of the Republic. or industrial. Article (112) If the term of the House of Representatives expires in the same month as the term of the President of the Republic. supervise the sovereign tasks concerning the defence of the Republic and foreign policy. practise his Islamic duties and have no dishonorable criminal record and if so. Article (116) The law determines the salaries and appropriations of the President of the Republic. b. he has been reprieved. by the President of the Republic and the Council of Ministers within the limits stated in the Constitution. To be at liberty to practise his political and civil rights. If the posts of the President of the Republic and Vice President become vacant at the same time. The House of Representatives is bound to recommend at least two persons for the post of the President of the Republic before submitting the candidates to the people in competitive elections. financial. d. protect national unity and the principles and objectives of the revolution. and this time the House of Representatives is obliged to accept it. directly or indirectly. g. 117 and 126 shall be applied to the Vice President. To be at least forty years old. respect the Constitution and Law. He is b. d. If none of the candidates win this majority. and in this case election of the President of the Republic shall take place within a period that does not exceed sixty days from the first session of the new House of Representatives. The election thereof must be completed at least one week before the expiry date. If such elections cannot take place for any reason. and he is not entitled to any other emolument or remuneration. under which electing the President becomes impossible. Article (109) The President of the Republic shall materialize the will of the people. f. The First Branch: The Presidency of the Republic Article (105) a. . Article (107) Nomination and election of the President shall be as follows: a. the President may submit a further resignation within three months. Article (114) The President may submit his resignation. or suffering a natural disaster or another emergency situation. engage in any private business of any kind whether commercial. to the House of Representatives which may accept it by an absolute majority vote of all his members. A candidate who wins the recommendation of 10% of the members is considered a candidate for the post of the President of the Republic. No person may assume the post of President of the Republic for more than two five-year terms. Article (106) Every Yemeni who meets the following specified conditions may become a candidate for the post of the President of the Republic: a. on behalf of the people. Names of candidates who meet the conditions shall be presented to the House for approval. 116. Not to be married to a foreign spouse or to enter into such a marriage during his term of office. Article (108) The President of the Republic must perform.

at the specified time. and to issue the decrees that execute them. 8.Page 200 of 203 not allowed to buy or rent government property. To name the members of the National Defense Council according to the Law. To proclaim states of emergency and general mobilization according to the Law. or to permit the wearing of badges and honours awarded by other states. or natural disasters. to elect the House of Representatives. or any other action that prejudices the independence and sovereignty of the country. shall issue resolutions and regulations to implement laws and to regulate and organize general administration and government departments. To call the voters. To accredit diplomatic representatives of foreign countries and organizations in Yemen. Article (122) The President of the Republic has the right to demand reports from the Prime Minister concerning the implementation of the duties of the Council of Ministers. and to issue a republican decree with the names of the cabinet members. Article (126) The President of the Republic may be charged with grand treason. 13. 2. To appoint and dismiss senior government officials and military/police officers according to the law. Article (121) The President declares a state of emergency by a republican decree according to the law. Article (120) The President of the Republic. The indictment decision on this matter requires the support of two thirds of the House of Representatives and the law stipulates the procedures of the trial. To call for national referenda. In all cases. except with the approval of the House of Representatives. If the House is not called to session. Article (123) A Death sentence shall not be executed unless endorsed by the President of the Republic. or the declaration of the state of emergency has not been presented to it. then the Presidency Board of the House of Representatives temporarily assumes the duties of the President and until the giving of the court's verdict on the charges brought against the President. following a proposal by the relevant minister and approval from the Council of Ministers. 11. Such a charge requires the petitioning of half of the House of Representatives. The President may authorize others to issue such regulations. 6. If the House of Representatives rejects those decrees. In all cases. Article (119) If. 4. The law may designate who issues such regulations. If the House of Representatives is dissolved. Prescription shall not be applied to crimes stipulated in this article. To call the cabinet to a joint meeting with the President. Article (118) The responsibilities of the President of the Republic are as follows: 1. 16. internal discord. violation of the Constitution. Article (125) A decree by the President of the Republic shall form a Consultative Council from experienced and qualified specialists in order to expand the base of participation through consultation and to make use of national expertise and qualifications available in different areas of Yemen. a state of emergency is only declared in circumstances of war. To establish military ranks according to the Law. To represent the Republic internally and externally. 7. Such decrees have to be presented to the first meeting of the House of Representatives If they are not presented. To establish diplomatic delegations abroad and to appoint and recall ambassadors according to the law. 9. To name the person who will form the government. provided such decrees do not contradict the Constitution or the budgetary estimates. The House of Representatives shall pass the above mentioned law in the first regular round of its sessions once this Constitution takes effect. urgent decisions are required. as the need arises. 15. 14. or barter any of his property to the state. Any other functions stipulated in the Constitution and Law. then the state of emergency shall cease to exist according to the Constitution. the House may discuss them and take appropriate decisions thereon. If the court's verdict finds either of the two guilty. To award badges. and is then subject to the normal penalties of the law. they become null and void from the date the House decides and the House . then the President of the Republic can issue decrees which have the power of law. then the old House of Representatives is called to session by the Constitution. To grant political asylum. 12. then he is relieved of his post by the Constitution. To issue decrees endorsing Treaties and Conventions approved by the House of Representatives. 3. 10. The law shall clarify the special rules that concern the Council. The President may delegate some functions of his to the Vice President. The Second Branch: The Council of Ministers 5. If the charge is directed at the President and his deputy. and may not be extended. not even through an open auction and he is not allowed to lease. 18. To promulgate the laws passed by the House of Representatives and their publication. The House of Representatives shall be called to session within one week and be presented with the declaration of emergency. while the House of Representatives is in recess or under dissolution. 17. These regulations may not obstruct any Law and may not have the effect of exempting any one from abiding by them. medals and decorations stipulated by Law. sell. To ratify agreements that do not require the approval of the House of Representatives if approved by the Cabinet. To lay down the general policy of the state jointly implementation as stipulated in the Constitution. Declaring the state of emergency shall only be for a limited time. Article (124) The Vice President assists the President in his duties. of Representatives determines how the consequences are to be settled.

the his of the the President of the Republic according to the responsibilities of each. and it is the highest executive and administrative authority of the state. corporations. To follow up the execution of laws. c. coordinate and review the activities of the ministries. in preparing broad outlines of internal and external policies. the administrative apparatus. Their dismissal may not stop the charge against him or the course of the charge. his deputies. excepting the Prime Minister who must not be less than forty years old. Article (138) If the Council of Ministers resigns. and to set and execute the policies that technically intend to develop manpower in government organizations. f. cultural. and they may not combine the posts of minister with membership of the board of directors of any company. the Prime Minister chooses the members of cabinet. the Prime Minister and Ministers may not engage in any other public office. reports on any matter pertaining to their ministries and the duties assigned to them. and within the limits of the provisions of the Constitution. even through an open bid. in conjugation with the President of the Republic. according to the laws and regulations. h. social. Article (130) In consultation with the President of Republic. Article (128) The government is composed of the Prime Minister and his deputies and Ministers who together shall form the Council of Ministers. To guide. in addition. economic. his deputies and the Ministers shall meet the same conditions as must be met by a member of the House of Representatives. Article (129) The Prime Minister. Article (137) 1. To prepare drafts of the national economic plan. g. The rules of the previous items are applicable to Vice ministers. agencies. and to prepare the government's final statement of accounts. In particular. or confidence is withdrawn. b. To contract and award loans within the overall policies of the state. To prepare drafts of laws and resolutions and present them to the House of Representatives or the President of the Republic according to the jurisdiction of each. To approve Treaties and Conventions before presenting them to the House of Representatives or Article (136) The Prime Minister shall manage the affairs of the Council of Ministers and shall head its meetings.Page 201 of 203 Article (127) The Council of Ministers is the government of the Republic of Yemen. the ministers and vice-ministers. they may not purchase. are under the directives of the Council of Ministers. and they must comply with such demands. or is dismissed. He shall represent the Council in the implementation of the state's general policies and shall supervise the execution of Council decisions and overall state policies in a unified and coordinated manner. commercial. sell. and to train/qualify personnel according to the needs of the country within the framework of the economic plan. To participate. it shall exercise the following: a. Article (132) Before the Prime Minister and the ministers can assume their responsibilities. i. To appoint and dismiss senior government officials according to the law. and to protect the rights of citizens. A decision of the House of Representatives to take such a measure shall be based on a proposal presented by at least fifth of its members. To supervise the organization and administration of the monetary. or in any private. Article (131) The Prime Minister and the ministers are collectively responsible for the actions of the government before the President of the Republic and the House of Representatives. They may not participate in any undertakings the government (or any of its corporations) contracts. d. or his deputies or ministers under investigation and trial for any crimes committed by them in discharging their duties or as a consequence thereof. and defense fields. and to protect state funds. without exception. The investigation and trial of the Chairman of the Council of Ministers. and seeks the confidence of the House Representatives on the basis of a program he submits to House. The law defines the general basis for organizing ministries and the various authorities/agencies of the state. 3. All state administrative organizations. e. To take the necessary measures to guard the internal and external security of the state. it remains as a caretaker government responsible for day to day . 2. credit and insurance systems. financial or industrial activities. and the annual budget. to organize and execute them. The accusation may not be issued without the support of two thirds of the House. his age must not be less than thirty years. even if indirectly. Article (133) The law stipulates the salaries of the Prime Minister. He may demand from any members of the cabinet. his deputies and ministers and the trial procedures and guarantees [of fairness] shall be as stipulated by law. They may not lease. they shall perform the constitutional oath before the President of the Republic. corporations and boards and the public and mixed sectors according to the law. 4. Article (134) During their term of office. Article (135) The Council of Ministers is responsible for the execution of overall state policies in the political. j. or barter any of their property to the government. Those accused according to paragraph 1 mentionedabove shall be suspended from work until judgment is passed. rent or barter government property. During their term. The President of the Republic and the House of Representatives has the right to place the Prime Minister.

whose decisions are obligatory to the districts and councils which must execute them in all cases. Also the law shall show the way for nominating. The law shall organize it. if it becomes clear that his cooperation with one of the members of the cabinet has become impossible. to hold sessions behind closed doors. badges. FLAG AND NATIONAL ANTHEM OF THE REPUBLIC Article (153) The law stipulates the Republic's insignia. It shall undertake to do the following: a. A charge regarding such interference cannot be nullified with the passing of time. They shall propose programmers. No other body may interfere in any way in the affairs and procedures of justice. which shall exercise their functions within the borders of the administrative area. divisions and the objective criteria for the administrative divisions. the rights and duties of its members. Article (142) Each minister is in charge of the supervision and direction of his ministry and its branches throughout the Republic. discharge and dismissal according to the law. its role in the execution of development plans and programmes and all other rules. Article (144) The administrative districts enjoy a nominal personality and shall have councils which must be freely and fairly elected. its administration and financial resources. The Third Branch: Bodies of Local Authority Article (143) The territory of the Republic of Yemen is divided into administrative Units.Page 202 of 203 administration until a new government is formed. or a general election for the House of Representatives is undertaken. the terms and procedures of appointment. In all cases. and their other privileges and guarantees. electing and selecting their chairpersons. unless that was taken as a disciplinary measure. may request from the President the dismissal of the said member. the Prime Minister is obliged to tender the resignation of his government to the President of the Republic. for reasons of security or general morals. d. The law shall regulate the disciplinary trial of the judiciary and it organizes legal profession/practice. The law specifies the resolutions and regulations that the Minister may issue to implement the laws. criminal. Article (152) Court sittings are open to the public unless a court determines. The law shall specify the means for nomination and election of the local authority. The courts shall judge all disputes and crimes. Such interference shall be considered a crime that must be punished by law. responsibilities. the VicePresident. Judge disputes over conflict of jurisdiction. They may not be transferred to nonjudicial posts except with their own consent. Article (151) The Supreme Court of the Republic is the highest judicial authority. both at the local and governorate level. The judges are independent and not subject to any authority. financial and administrative aspects and the General Prosecution is one of its sub-bodies. He is responsible for the execution of the government's overall policies in his ministry. Chapter III: The Judicial Authority Article (147) The Judiciary authority is an autonomous authority in its judicial. personal and administrative disputes and disciplinary cases according to the law. c. the approval of the relevant judicial council. Article (148) The judiciary is an integrated system. monitor and audit the agencies of the local authority according to law. Judge cases and pleas that laws. through considering the adoption of the principle of administrative and financial decentralization as the foundation of local administration system. The Supreme Judiciary Council shall execute these guarantees for the judiciary in the fields of appointment. promotion. Article (149) Members of the judiciary and public Prosecution office shall not be dismissed except under the conditions stipulated by the law. PART FOUR: THE EMBLEM. transfer and promotion of judges. plans and investment budgets for the administrative district as well as supervise. and national anthem. Article (140) If the Prime Minister becomes unable to carry out his responsibilities. the Prime Minister. The law shall identify their number. To try the President of the Republic. bylaws and decisions are not constitutional. verdicts are announced in an open session. e. b. The law shall specify how it can be formed. the Prime Minister has to tender the resignation of the whole government. Article (146) The state shall encourage and sponsor the local cooperative administrations as they are one of the most important means of local development. Rule on appeals of final judgments in civilian. Article (141) If the majority of the members of the Council of Ministers submit their resignations. the ministers and their deputies according to the law. commercial. Exceptional courts may not be established under any conditions. The law organizes this system in terms of ranks. The law defines the methods of control over the actions of the local councils. or if the House of Representatives bars! withholds! withdraws confidence from the Council of Ministers. Investigate and give opinions regarding appeals referred by the House of Representatives which relate to its membership. clarify its functions and system of nominating and appointing its members. A caretaker government may not appoint or dismiss officials. regulations. clarify its functions and the procedures to be followed before it. Article (145) All the administrative units and the local councils are an inseparable part of the power of the state. and shall specify their functions and duties within their areas. except the law. emblems. his deputies. Article (150) The judiciary shall set up the Supreme Judicial Council. Article (139) The Prime Minister. The governors shall be responsible before the President of the Republic and the Council of Ministers. borders. . The Council shall study and approve the judicial budget in preparation for inserting it as one item within the overall budget of the state.

Article (155) The city of Sana'a is the capital of the Republic of Yemen. the House shall discuss the principle of amendment and take a decision only with a majority of its members. the House shall discuss the articles which require amendment after a break of two months. members of the House of Representatives. The one who wins the majority of the members of the House of Representatives is considered the President of the Republic. Chairman and members of the government. independent and neutral committee shall administer. Article (159) The text of the constitutional oath to be sworn by the President of the Republic. If the request is rejected. The law also shall specify the jurisdictions and the functions of the committee in a manner that secures the best fulfillment of its functions. . to fully take care of the interests a and freedoms of the people. Article (157) A supreme. Nomination for the post of the President of the Republic must be by a quarter of the members of the House of Representatives. These are. If the request was issued by the House of Representatives it must be signed by a third of its members. the conditions they should meet under and the method for nominating and appointing them. and in all cases.Page 203 of 203 Article (154) The national flag is composed of three colors. his deputy. another request for the amendment of the same articles may not be submitted until the lapse of one year. the reasons and justification for this amendment. The law shall specify the number of the members of the committee. to preserve the unity of the homeland. If the House of Representatives agrees to the principle of the amendment. to respect the Constitution and law. the amendment is considered valid as of the date of announcing the results of the referendum. shall be as follows: I swear by Allah Almighty the Great to adhere to Qur'an (the Book of God) and his Prophet's Sunnah (Traditions) to faithfully safeguard the Republican system. PART FIVE: BASIS FOR AMENDING CONSTITUTION AND GENERAL PROVISIONS THE Article (156) The President of the Republic and the House of Representatives have the right to request an amend one or more articles of the Constitution. white. If three quarters of the House agree on the amendment. The request must mention the articles that require amendment. Article (158) The President of the Republic shall be elected for the first time following the approval of constitutional amendment by the House of Representatives. black. it shall be presented to the people in a general referendum. If the absolute majority of those who vote are in favour of the amendment. supervise and monitor the general elections and general referenda. its independence and the integrity of its territories. starting from the top: Red.

its administration and financial resources.Page 204 of 205 Article (140) If the Prime Minister becomes unable to carry out his responsibilities. The courts shall judge all disputes and crimes. clarify its functions and the procedures to be followed before it. The law defines the methods of control over the actions of the local councils. b. electing and selecting their chairpersons. The judges are independent and not subject to any authority. unless that was taken as a disciplinary measure. the approval of the relevant judicial council. Judge cases and pleas that laws. No other body may interfere in any way in the affairs and procedures of justice. d. A charge regarding such interference cannot be nullified with the passing of time. Article (146) The state shall encourage and sponsor the local cooperative administrations as they are one of the most important means of local development. They may not be transferred to non-judicial posts except with their own consent. the Prime Minister. The law shall regulate the disciplinary trial of the judiciary and it organizes legal profession/practice. divisions and the objective criteria for the administrative divisions. It shall undertake to do the following: a. Article (145) All the administrative units and the local councils are an inseparable part of the power of the state. Article (151) The Supreme Court of the Republic is the highest judicial authority. Investigate and give opinions regarding appeals referred by the House of Representatives which relate to its membership. To try the President of the Republic. Judge disputes over conflict of jurisdiction. promotion. The Third Bodies of Authority Branch: Local freely and fairly elected. The Supreme Judiciary Council shall execute these guarantees for the judiciary in the fields of appointment. Article (141) If the majority of the members of the Council of Ministers submit their resignations. Also the law shall show the way for nominating. and their other privileges and guarantees. monitor and audit the agencies of the local authority according to law. Article (148) The judiciary is an integrated system. The law organizes this system in terms of ranks. except the law. financial and Article (152) Court sittings are open to the public unless a court . transfer and promotion of judges. the Prime Minister is obliged to tender the resignation of his government to the President of the Republic. both at the local and governorate level. regulations. plans and investment budgets for the administrative district as well as supervise. borders. responsibilities. the terms and procedures of appointment. The Council shall study and approve the judicial budget in preparation for inserting it as one item within the overall budget of the state. Exceptional courts may not be established under any conditions. Article (142) Each minister is in charge of the supervision and direction of his ministry and its branches throughout the Republic. the ministers and their deputies according to the law. Article (150) The judiciary shall set up the Supreme Judicial Council. his deputies. discharge and dismissal according to the law. through considering the adoption of the principle of administrative and financial decentralization as the foundation of local administration system. and shall specify their functions and duties within their areas. Article (147) The Judiciary authority is an autonomous authority in its judicial. Rule on appeals of final judgments in civilian. or if the House of Representatives bars! withholds! withdraws confidence from the Council of Ministers. The governors shall be responsible before the President of the Republic and the Council of Ministers. commercial. whose decisions are obligatory to the districts and councils which must execute them in all cases. Such interference shall be considered a crime that must be punished by law. Article (149) Members of the judiciary and public Prosecution office shall not be dismissed except under the conditions stipulated by the law. the Vice-President. The law shall organize it. bylaws and decisions are not constitutional. The law shall identify their number. the Prime Minister has to tender the resignation of the whole government. or a general election for the House of Representatives is undertaken. criminal. which shall exercise their functions within the borders of the administrative area. The law shall specify how it can be formed. Article (144) The administrative districts enjoy a nominal personality and shall have councils which must be e. The law shall specify the means for nomination and election of the local authority. c. personal and administrative disputes and disciplinary cases according to the law. clarify its functions and system of nominating and appointing its members. Article (143) The territory of the Republic of Yemen is divided into administrative Units. The law specifies the resolutions and regulations that the Minister may issue to implement the laws. He is responsible for the execution of the government's overall policies in his ministry. the rights and duties of its members. Chapter III: Judicial Authority The administrative aspects and the General Prosecution is one of its sub-bodies. its role in the execution of development plans and programmes and all other rules. They shall propose programmers.

its independence and the integrity of its territories. FLAG AND NATIONAL ANTHEM OF THE REPUBLIC Article (153) The law stipulates the Republic's insignia. emblems. PART FIVE: BASIS FOR AMENDING THE CONSTITUTION AND GENERAL PROVISIONS Article (156) The President of the Republic and the House of Representatives have the right to request an amend one or more articles of the Constitution. If three quarters of the House agree on the amendment. Article (155) The city of Sana'a is the capital of the Republic of Yemen. shall be as follows: I swear by Allah Almighty the Great to adhere to Qur'an (the Book of God) and his Prophet's Sunnah (Traditions) to faithfully safeguard the Republican system. These are. The law also shall specify the jurisdictions and the functions of the committee in a manner that secures the best fulfillment of its functions. supervise and monitor the general elections and general referenda. The law shall specify the number of the members of the committee. to preserve the unity of the homeland. and national anthem. If the request was issued by the House of Representatives it must be signed by a third of its members. and in all cases. Article (157) A supreme. In all cases. Chairman and members of the government. The one who wins the majority of the members of the House of Representatives is considered the President of the Republic. to respect the Constitution and law. starting from the top: Red. the reasons and justification for this amendment. the amendment is considered valid as of the date of announcing the results of the referendum. to hold sessions behind closed doors. for reasons of security or general morals. If the request is rejected. to fully take care of the interests a and freedoms of the people. . Article (158) The President of the Republic shall be elected for the first time following the approval of constitutional amendment by the House of Representatives. the House shall discuss the articles which require amendment after a break of two months. members of the House of Representatives.Page 205 of 205 determines. verdicts are announced in an open session. his deputy. it shall be presented to the people in a general referendum. independent and neutral committee shall administer. another request for the amendment of the same articles may not be submitted until the lapse of one year. Article (154) The national flag is composed of three colors. black. Nomination for the post of the President of the Republic must be by a quarter of the members of the House of Representatives. Article (159) The text of the constitutional oath to be sworn by the President of the Republic. the conditions they should meet under and the method for nominating and appointing them. If the absolute majority of those who vote are in favour of the amendment. If the House of Representatives agrees to the principle of the amendment. PART FOUR: THE EMBLEM. The request must mention the articles that require amendment. badges. white. the House shall discuss the principle of amendment and take a decision only with a majority of its members.