The Royal Government
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The Royal Government
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The constitution and laws of Cambodia
Chapter VIII
The Royal Government
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Article 99-
- The Council of Ministers is the Royal Government of
Cambodia.
- The Council of Ministers shall be led by one Prime
Minister assisted by
Deputy Prime Ministers, and by State Ministers, Ministers, and State
Secretaries as members.
Article 100-
- At the recommendation of the President and with the
agreement of
both Vice- Presidents of the Assembly, the King shall designate a
dignitary from
among the representatives of the winning party to form the Royal
Government.
This designated Assembly or members of the political parties
represented in the
from the Assembly.
- After the Assembly has given its vote of confidence,
the King shall issue a
Royal decree (Kret) appointing the entire Council of Ministers.
- Before taking office, the Council of Ministers shall
take an oath as
stipulated an Annex 6.
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Article 101-
- The functions of members of the Royal Government shall
be
incompatible with professional activities in trade or industry and with
the
holding of any position in the public service.
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Article 102-
- Members of the Royal Government shall be collectively
responsible
to the Assembly for the overall policy of the Royal Government.
- Each member of the Royal Government shall be
individually responsible
to the Prime Minster and the Assembly for his/her own conduct.
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Article 103-
- Members of the Royal Government shall not use the
orders, written
or verbal, of anyone as grounds to exonerate themselves form their
responsibility
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Article 104-
- The Council of Minister shall meet every week inn
plenary session
or in a working session.
- The Prime Minister shall chair the plenary sessions.
- The Prime Minister may assign a Deputy Prime Minister
to preside over
the working sessions.
- Minutes of the Council of Ministers' meeting shall be
forwarded to the
King for His information.
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Article 105-
- The Prime Minister shall have the right to delegate his
power to a
Deputy Prime Minister or to any member of the Royal Government.
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Article 106-
- If the post of Prime Minister is permanently vacant, a
new Council of
Ministers shall be appointed under the procedure stipulated in this
Constitution. If the vacancy is temporary, an acting Prime Minister
shall
be provisionally appointed.
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Article 107-
- Each member of the Royal Government shall be punished
for any
crimes or misdemeanors that he/she has committed in the course of
his/her
duty.
- In such cases and when his/her duty, the Assembly shall
decide to file
charges against him/her with competent.
- The Assembly shall decide on such matters though a
secret vote by a
simple majority thereof.
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Article 108-
- The organization and functioning of the Council of
Ministers shall
be determined by law.
Chapter IX
the judiciary
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Article 109-
- The Judicial power shall be an independent power.
- The Judiciary shall guarantee and uphold impartiality
and protect the
rights and freedoms of the citizens.
- The Judiciary shall cover all lawsuits including
administrative ones.
- The authority of the Judiciary shall be granted to the
Supreme Court and
to lower courts of all sectors and levels.
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Article 110-
- Trials shall be conducted in the name of the Khmer
citizens in
accordance with the legal procedures and laws in force.
- Only judges shall have the right to adjudicate. A judge
shall fulfill
this duty with strict respect for the laws. wholeheartedly, and
conscientiously.
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Article 111-
- Judicial power shall not be granted to the legislative
or executive
branches.
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Article 112-
- Only the Department of Public Prosecution shall have
the right to file
criminal suits.
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Article 113-
- The King shall be the guarantor of the independence of
the
Judiciary. The Supreme Council of the Magistracy shall assist the King
in this
matter.
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Article 114-
- Judges shall not be dismissed. The supreme Council of
the
Magistracy shall take disciplinary actions against any delinquent
judges.
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Article 115-
- The Supreme Council of the Magistracy shall be
established by an
organic law which shall determine its composition and functions.
- The Supreme Council of the Magistracy shall be chaired
by the King. The
King may appoint a representative to chair the Supreme Council of the
Magistracy.
- The Supreme Council of the Magistracy shall make
proposals to the King
on the appointment of judges and prosecutors to all courts.
- The Supreme Council of the Magistracy shall meet under
the
chairmanship of the President of the Supreme Court or the General
Prosecutor
of the Supreme Court to decide on disciplinary actions against the
judges or
prosecutors.
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Article 116-
- The statuses of judges, and prosecutors and the
functioning of the
judiciary shall be defined in separate laws.
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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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