Legislature
Legislatues
Legislature
I. GENERAL OVERVIEW
Legislature, a top branch of a government, has a full authority to create laws, amend and ratify laws. Usually, legislature is a representative of people through national election and can raise taxes and adopt the national budget. Legislatures are known as many names and the popular ones are parliament and congress, and in Cambodia, they are called national assembly and senate respectively. In parliamentary system, the legislature is considered a power branch which is independent and equal to the executive branch.
There are two primary components of a legislature. A legislature which has only one chamber or house is called unicameral, and the legislature with two chambers is called bicameral which possesses two separates houses: an upper house and lower house. Cambodia was included a bicameral legislature in 1999 and the upper house is called the senate and the lower house is called the national assembly which often duties and powers from the senate.
In most parliamentary systems, the lower house is the more powerful house while the upper house is an advisor or reviewer to the lower house. In contrast to the parliamentary systems, the upper house in federation is equal in power to the lower house. For example, the upper house in federation can dismiss the executive whereas it in parliamentary systems is an advisory to the lower house.
Historically, Cambodia was recognized as a monarchy from 1953 to 1970 and all powers were derived from the King. Legislatives powers were exercised in the name of the King and the national assembly alone should pass the laws. From 1970 to 1975, Cambodia was known as an independent democratic and social republic and all powers should be derived from the people. The parliament is responsible for making laws and cannot be a member of any other institution of the republic. From 1976 t 1978, Cambodia was an independent, unified, peaceful, neutral, non-aligned, sovereign and democratic state. The legislatures are responsible for adopting laws and defining the various domestic and foreign policies of the Democratic Kampuchea. Until the first election in 1993 supported by the United Nations Transitional Authority in Cambodia (UNTAC), the Supreme National Council was adopted and the legislature branch shall be separated due to the article 51.
The National Assembly
Cambodia adopts the parliamentary monarchy system which the constitution gave the National Assembly important legislative power and this power is elected for five years. It can be dissolved only under very special circumstances (in article 78); if on two particular events in twelve months, the government still has been in a minority then upon the agreement of the Chairman of the National Assembly, the Prime Minister(s), and the King are required to dissolve it. This is only a mechanism which greatly able to limit the right of dissolution, in spite if that helps to avoid paralysis in the event of a prolonged political crisis. Another sign of the importance of the parliamentary institution, the Chairman of the National Assembly is one of the most important figures in the Kingdom. And a member of the Council of the Throne, his agreement is required in the event of possible dissolution and for the appointment of the Prime Minister. Moreover in the Constitution of Cambodia (article 96), the serious function of the parliament to control the government is provided by means of written proposed questions to the Royal Government.
The National Assembly consists of 123 members which those members shall be elected by universal election, through a free, equal, direct, and secret vote. National Assembly members may stand for re-election in case of finding out inappropriate faults by National Election Committee. Candidates must be Khmer citizens of both sexes, aged at least 25 years old, and who have the right to vote. In the case of war or other specific situations where an election cannot be held, the National Assembly may extend its term for one year at a time, at the request of the-King. Extension shall require a two-thirds vote of the entire National Assembly.
National Assembly members shall have parliamentary privilege. The can not be arrested, intercepted or detained because of ideas expressed in carrying out their jobs. The arrest, interception or detention of a National Assembly member can be done only with the agreement of the National Assembly or its permanent committee between sessions except in cases of criminal offenses.
The National Assembly has an independent budget. The National Assembly members receive a parliamentary salary. Before starting its function, the National Assembly must decide the validity of each member’s mandate. The National Assembly must hold a separate election to select the Chairman, Vice Chairmen and all members of the National Assembly committees. This election must be decided by an absolute majority vote of all members of the National Assembly. The absolute majority vote is required for adoption of the internal regulations of the National Assembly. All members must take an oath of allegiance before holding their position or function.
The ordinary session of the National Assembly is held twice per year, each session lasts at least three months. If there is a proposal from the King, Prime Minister or one-third of the National Assembly members, the permanent committee of the National Assembly can call an extraordinary session. Between sessions, the permanent committee shall manage the work of the assembly. The National Assembly’s permanent committee consists of the President of the National Assembly, both Vice-Chairmen of the National Assembly and the heads of all National Assembly committees.
If the country is in a state of emergency, the National Assembly must meet every day. The National Assembly has the right to terminate the state of emergency if the situation permits. If the National Assembly cannot meet because of circumstances such as the occupation by foreign forces or other circumstances the declaration of the state of emergency must be automatically extended. During the state of emergency the National Assembly must not be dissolved.
The National Assembly session is held in public. The National Assembly can meet in closed session at the request of the Chairman of the National Assembly or at least one-tenth of the National Assembly members, or the King or the Prime Minister. The quorum of the National Assembly is seven-tenths of all members. Upon the proposal of at least one-tenth of its members, the National Assembly may invite a high dignitary to clarify or discuss important issues. The National Assembly is the only organ to adopt laws. This right is not transferable to any other organ.
The National Assembly approves the national budget; the state planning, the permission of the State to borrow, to lend, and the creation, changes or annulment of tax. The National assembly approves or annuls treaties or international convention, and may declare a state of war. The adoption of the above mentioned laws must be decided by a simple majority of all members.
National Assembly members or the Prime Minister shall have the right to propose laws. But these proposals are unacceptable if they aim to reduce public assets or to increase the burden on citizens. Laws adopted by the National Assembly which run counter to the principles of national sovereignty and affect the political unity or the administrative management of the nation is annulled. The Constitutional Council is the only organ which can approve this annulment. Laws approved by the National Assembly and signed by the Head of State is effective in Phnom Penh within ten days after signing and within twenty days throughout the country. Urgent laws shall become effective immediately after the signature by the King. National Assembly members have the right to submit written questions to the Royal Government through the Chairman of the National Assembly. Replies can come from one or more ministries according to the raised issue, if the raised issue concerns general policies within the Royal Government. The Prime Minister can reply verbally or in writing. All replies must be given within seven days after receipt of the question. The Chairman of the National Assembly can decide whether the Assembly discusses the issue in open debate. If there is no discussion, the matter is settled. If there is open discussion, the questioner, Minister or Prime Minister may discuss their views within the time of one meeting. The National Assembly sets aside one day a week for responses to questions. However, the session for answering questions shall not lead to a vote.
National Assembly committees can invite ministers to give explanations on their field of responsibility. The National Assembly can dismiss a minister or members of the cabinet or government from his/her position by a vote of two-thirds of the National Assembly members.
THE SENATE
The word senate is derived from the Latin word Senates. The members or legislator of a senate are called senators. The Latin word senator was adopted into English with no change in spelling. In the ancient Holy Romance senate was known as upper-house. The upper-house senators (legislators) were elected by voters who owned more property, and it was believed that they would be more mindful of concern to property owner. Typically, the senate has a smaller membership than the lower house (National assembly). Senate membership can be determined either through elections or appointment, and the term of a senator according to different countries.
In Cambodia, the senate is one of two chambers of the Cambodian Parliament and has 61 members, appointed by the king on recommendation of the parties in the National assembly of Cambodia. According to the constitution of the kingdom of Cambodia, chapter 8, article 99:”the senate is a body that has legislative power and performs its duties as determined in the constitution and law. The numbers of senate does not exceed half of all of the members of the assembly.” also in article 100, two senators will be nominated by the king and 2 will be elected by the national assembly of Cambodia. The rest will be elected by commune councilor.
According to article 102, the term for senators is 6 years. The senate of Cambodia is led by a 12-person permanent commission. The president of the senate is a title often given to the presiding officer, speaker, or chairman of a senate. The candidates being elected were arranged by political parties.
