The Royal Government

The Royal Government

The Royal Government

The Royal Government

The constitution and laws of Cambodia

Chapter VIII

The Royal Government

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.
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.
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.
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
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.
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.
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.
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.
Article 108-
  • The organization and functioning of the Council of Ministers shall be determined by law.

Chapter IX

the judiciary

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.
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.
Article 111-
  • Judicial power shall not be granted to the legislative or executive branches.
Article 112-
  • Only the Department of Public Prosecution shall have the right to file criminal suits.
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.
Article 114-
  • Judges shall not be dismissed. The supreme Council of the Magistracy shall take disciplinary actions against any delinquent judges.
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.
Article 116-
  • The statuses of judges, and prosecutors and the functioning of the judiciary shall be defined in separate laws.

Constitution of Cambodia

Preamble
Chapter I: Sovereignty
Chapter II: The King
Chapter III: The Rights and Obligations Of Khmer Citizens
Chapter IV: On Policy
Chapter V: Economy
Chapter VI: Education, Culture, Social Affairs
Chapter VII: The Assembly
Chapter VIII: The Royal Government
Chapter X: The Constitutional Council
Chapter XI: The Administration
Chapter XII: The National Congress
Chapter XIII: Effects, revision and amendments of the constitution
Chapter XIV: Transitional Provision
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