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Bahrain Legal System

Law Making Process


Creation of New Law

• Set by the Constitution, HM The King is the


Protector of the Legality of the Government
and the Supremacy of Law.
• HM The King can propose constitutional
amendments and initiate laws.
• Only HM The King can ratify and promulgate
the laws.

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Creation of New Law

• Before it becomes a law the draft law


proposed is called a “bill”

• The bill must go through both chambers:


Parliament and Shura Council (Advisory
Council)

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Step 1 - Parliament

• The Prime Minister (government) will submit


draft laws to Parliament, who may approve/
amend or reject the law.
Step 2 –Shura Council

• All draft law is referred to the shura council.


• In case the Shura Council disapproves a draft
law adopted by the Parliament, whether by
rejection, amendment, deletion or addition,
the President of the Council refers it back to
the Parliament for its review.
• http://www.shura.bh/en/Pages/default.aspx
• If the Parliament approves the version of the
draft law submitted by the Advisory Council, the
President of the latter Council refers it to the
Prime Minister who submits it to the King.
• The Parliament may reject any amendment on
the draft law made by the Advisory Council, and
insist in turn on its previous decision without
introducing any new amendments to the draft
law.
• In this case, the draft law shall be referred to the
Advisory Council, who may approve the decision
of the Parliament or insist on his position.
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• If the Advisory Council and the Parliament disagree
twice on any draft law, the National Council shall
convene to discuss the issues subject of disputes.
• The National council is made up of both the
Parliament and the Advisory Council.
• The draft law may be approved by a decision of the
National Council rendered by the majority of its
present members. If the draft law was rejected, it shall
not be submitted twice to the National Council during
the same session.
• This approval is normally done by a vote in the
National Council.
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• No law can be passed without the
confirmation of the Advisory Council and the
Parliament or the National Council, and
ratified by the King.

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Examples of New Laws

• https://www.bna.bh/en/HMKingratifiesissuesL
aw12020.aspx?cms=q8FmFJgiscL2fwIzON1%2
BDpprMZpLFRfh0Xu20GdyF44%3D
Example of disagreement between
Parliament and Shura Council
• https://www.weetas.com/gccnews/shura-cou
ncil-rejects-property-registration-fee-exemptio
n/
Prime Minister (Government) submits draft law to Parliament

Parliament: Approve/Amend/Reject

Advisory Council (Shura): Approve/Amend/Reject

Approve Amend/Reject

Prime Minister Parliament to consider changes

Approve Amend/Reject
King for ratification

Prime Minister Advisory Council

Approve Reject/Amend
King for ratification

Prime Minister National Council (Vote)

YES NO
King for ratification

Prime Minister End of draft law

King for ratification


Quiz Time

• Take the Moodle quiz now to test your


learning 
• https://moodle.polytechnic.bh/moodle/mod/
quiz/view.php?id=114657

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