The Assembly
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The Assembly
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The constitution and laws of Cambodia
Chapter VII
The Assembly
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Article 76-
- The assembly consists of at least 120 members.
- The deputies shall be elected by a free, universal ,
equal, direct and
secret ballot. The deputies may be re-elected
- Khmer citizens able to stand for election shall be the
Khmer citizens of
either sex who have the right to vote, at least 25 years of age, and
who have
Khmer nationalities at birth
- Preparation for the election, procedure and electoral
process shall be
determined by an Electoral Law.
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Article 77-
- The deputies of the Assembly shall represent the entire
Khmer
people, not only Khmers from their constituencies.
- Any imperative mandate shall be nullified.
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Article 78-
- The legislative term of the Assembly shall be 5 years
and terminates
on the day when the new assembly convenes.
- The assembly shall not be dissolved before the end of
its term except
when the Royal government is twice deposed within a period of twelve
months.
In this case, following a proposal from the Prime Minister and the
approval of t
he Assembly President, the King shall dissolve the Assembly.
- The election of a new assembly shall be held no later
than 60 days from
the date of dissolution. During this period, the Royal government shall
only be
empowered to conduct routine business.
- In times of war or other special circumstances an
election cannot be
held, the Assembly may extend its term for one year at a time, upon the
request
of the King.
- Such an extension shall require at least a two- third
vote of the entire
assembly.
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Article 79-
- The assembly mandate shall be incompatible with the
holding of any
active public function and of any membership in other institutions
provided for
in the constitution, except when the assembly member(s) is (are)
required to
serve in the Royal Government.
- In these circumstances, the said Assembly members shall
retain the
usual assembly membership but shall not hold any position in the
Permanent
Standing Committee and in other assembly commissions.
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Article 80-
- The deputies shall have parliamentary.
- No assembly member shall be prosecuted, detained or
arrested because
of opinions expressed during the exercise of his or her duties.
- The decision made by the Standing Committee of the
assembly shall be
made only with the permission of the assembly or by the Standing
Committee of
the Assembly between sessions, except in case of flagrante delicto. In
that
case, the competent authority shall immediately report to the assembly
or to the
Standing Committee for decision.
- The decision made by the Standing Committee of the
assembly shall be
submitted to the assembly at its next session for approval by a 2/3
majority vote of the assembly members.
- In any case, detention or prosecution of a deputy shall
be suspended by a
3/4 majority vote of the Assembly members.
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Article 81-
- The assembly shall have the autonomous budget to
conduct its
function.
- The deputies shall receive a remuneration.
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Article 82-
- The assembly shall hold its first session no later than
sixty days after
the election upon notice by the King.
- Before taking office, the assembly shall decide on the
validity of each
member's mandate and vote separately to choose a President, Vice-
Presidents
and members of each Commission by a 2/3 majority vote
- All assembly members must take the oath before taking
office according
to the text contained in Annex 5.
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Article 83-
- The assembly shall hold its ordinary sessions twice a
year.
- Each session shall last at least 3 months. If there is
a proposal from the
King or the Prime Minister, or at least 1/3 of the assembly members,
the
Assembly Standing Committee shall call an extraordinary session of the
assembly.
- In this case, the agenda with the conditions of the
extraordinary, shall be
disseminated to the population as well as the date of the meeting.
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Article 84-
- Between the assembly sessions, the assembly Standing
Committee
shall manage the work of the assembly.
- The Permanent Standing Committee of the assembly
consists of the
President of the Assembly, the Vice- Presidents ,and the presidents of
assembly
commissions.
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Article 85-
- The assembly sessions shall be held in the royal
capital of
Cambodia in the Assembly Hall, unless stipulated otherwise in the
summons,
due to special circumstances.
- Except where so stipulated and unless held at the place
and date as
stipulated, any meeting of the assembly shall be considered as illegal
and void.
Article 86-
- If the country is in a state of emergency the assembly
shall beet
every day continuously. The assembly has the right to terminate this
state of
emergency whenever the situation permits.
- If the Assembly is not able to meet because of
circumstances such as the
occupation by foreign forces the declaration of the state of emergency
must be
automatically extended.
- During the state of emergency, the assembly shall not
be dissolved.
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Article 87-
- The President of the assembly shall chair the assembly
sessions,
receive draft bills and resolutions adopted by the assembly, ensure the
implementation of the Internal Rules of procedure and manage the
assembly
relations with foreign countries.
- If the President is unable to perform his/ her duties
due to illness or to
fulfill the functions of Head of State ad interim or as a Regent, or is
on
a mission aborad, a Vice- President shall replace him.
- In case of resignation or death of the President or the
Vice- President(s),
the Assembly shall elect a new President or Vice- President(s).
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Article 88-
- The assembly sessions shall be held in public.
- The assembly shall meet in closed session at the
request of the President
or of at least 1/10 of its members, of the King or of the Prime
Minister.
- The assembly meeting shall be considered as valid
provided there is a
quorum of 7/10 of all members.
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Article 89-
- Upon the request by at least 1/10 of its members, the
assembly shall
invite a high ranking official to clarify important special individual
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Article 90-
- The assembly shall be the only organ to hold
legislative power, This
power shall not be transferable to any other organ or any individual.
- The assembly shall approve Administrative Accounts.
- The assembly shall approve the law on amnesty.
- The assembly shall approve or annul treaties or
international
conventions.
- The assembly shall approve law on the declaration of
war.
- The adoption of the above-mentioned clauses shall be
decided by a
simply majority of the entire assembly membership.
- The assembly shall pass a vote of confidence in the
Royal Government by
a 2/3 majority of all members
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Article 91-
- The deputies and the Prime Minister shall have the
right to initiate
legislation.
- The deputies shall have the right to propose any
amendments to the laws,
but, the proposals shall be unacceptable if they aim at reducing public
income
or increasing the burden on the people.
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Article 92-
- Laws adopted by the Assembly which run counter to the
principles of
preserving national independence, sovereignty, administration of the
nation
shall be annulled. The Constitutional Council is the only organ which
shall
decide upon this annulment.
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Article 93-
- Any law approved by the Assembly and signed by the King
for its
promulgation, shall go into effect in Phnom Penh 10 days after signing
and
throughout the country 20 days after its signing.
- Laws that are stipulated as urgent shall take effect
immediately
throughout the country after promulgation.
- All laws promulgated by the King shall be published in
the Journal Official
and published throughout the country in accordance with the above
schedule.
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Article 94-
- The Assembly shall establish various necessary
commissions. The
organization and functioning of the assembly shall be determined by the
assembly Internal Rules of Procedure.
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Article 95-
- In case of death, resignation, or dismissal of an
assembly deputy at
least 6 months before the end of the mandate, a replacement shall be
appointed in accordance with the Internal Rules of Procedure of the
National
Assembly and the Electoral Law.
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Article 96-
- The deputies have the right to put a motion against the
Royal
Government. The motion shall be submitted in writing through the
President of t
he assembly.
- The replies shall be given by one or several ministers
depending on the
matters to the accountability of one or several ministers. If the case
concerns
the overall policy of the Royal Government, the Prime Minister shall
reply in
person.
- The explanations by the ministers or by the Prime
Minister shall be given
verbally or in witting.
- The explanations shall be provided within 7 days after
the day when the
question is received.
- In case of verbal reply, the President of t he assembly
shall decide
whether to hold an open debate or not. If there is no debate, the
answer of the
minister or the Prime Minister shall be considered final. If there is a
debate, the questioner, other speakers, the ministers, or the Prime
Minister may exchange views within the time frame not exceeding one
session.
- The assembly shall establish one day each week for
questions and
answers. There shall be no vote during any sessions reserved for this
purpose.
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Article 97-
- The assembly commissions may invite any minister to
clarify certain
issue under his/her field of responsibility.
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Article 98-
- The Assembly shall dismiss a member or members of the
Royal
Government or the whole Cabinet by the adoption of a motion of censure
by 2/3
majority of the entire Assembly.
- The motion of censure shall be proposed to the Assembly
by at least 30
assembly members in order for the entire Assembly to decide.
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Constitution of Cambodia
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Preamble
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Chapter I: Sovereignty
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Chapter II: The King
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Chapter III: The Rights and Obligations Of Khmer Citizens
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Chapter IV: On Policy
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Chapter V: Economy
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Chapter VI: Education, Culture, Social Affairs
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Chapter VII: The Assembly
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Chapter VIII: The Royal Government
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Chapter X: The Constitutional Council
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Chapter XI: The Administration
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Chapter XII: The National Congress
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Chapter XIII: Effects, revision and amendments of the constitution
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Chapter XIV: Transitional Provision
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