The Constitutional Council
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The Constitutional Council
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The constitution and laws of Cambodia
Chapter X
The Constitutional Council
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Article 117-
- The Constitutional council shall have the duty to
safeguard respect
for the Constitution, to interpret the Constitution, and the laws
passed by the
Assembly.
- The Constitutional Council shall have the right to
examine and decide on
contested cases involving the election of assembly members.
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Article 118-
- The Constitutional Council shall consist of nine
members with a
nine-year mandate. One third of the members of the Council shall be
replaced
every three years. Three members shall be appointed by the King, three
members by the Assembly and three others by the Supreme Council of the
Magistracy.
- The Chairman shall be elected by the members of the
Constitutional
Council. He/she shall have a deciding vote in cases of equal vote.
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Article 119-
- Members of the Constitutional Council shall be selected
among the
dignitaries with a higher-education degree in law, administration,
diplomacy or
economics and who have considerable work experience.
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Article 120-
- The function of a Constitutional Council member shall
be
incompatible with that of a member of the Royal Government, member of
the
assembly, President or Vice-President of a political party, President
or Vice-
President of trade-union or in-post judges.
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Article 121-
- The King, the Prime Minister, the President of the
Assembly, or 1/10
of the assembly members shall forward draft bills to the Constitutional
Council
for examination before their promulgation.
- The Constitutional Council shall decide within no more
than thirty days
whether the laws and the Internal Rules of Procedure are
constitutional.
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Article 122-
- After the law is promulgated, the King, the prime
Minister, the
President of the Assembly, 1/10 of the assembly members or the courts,
may ask
the Constitutional Council to examine the Constitutionality of that
law.
- Citizens shall have the right to appeal against the
Constitutionality
of the laws as through their representatives or the President of the
Assembly as stipulated in the above paragraph.
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Article 123-
- Provisions i any article ruled by the Council as
unconstitutional
shall not be promulgated or implemented.
- The decision of the Council is final.
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Article 124-
- The King shall consult with the Constitutional Council
on all
proposals to amend the Constitution.
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Article 125-
- An organic law shall specify the organization and
operation of the
Constitutional Council.
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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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