Organisation of Authorities |
Organisation of Authorities |
Chapter 4 - Organisation of Authorities
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Part 1 - General Provisions: |
| Article 59
People are the source of authority and shall practice it according to
the provisions of this Constitution.
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| Article 60
The system of governance shall be based on the separation of authority
with cooperation in accordance with the way stipulated by this
Constitution.
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| Article 61
The legislative authority shall be handled by the Advisory Council as
stipulated in this Constitution.
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| Article 62
The executive authority shall be handled by the Emir to be assisted by
the Cabinet as stipulated in this Constitution.
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| Article 63
The judicial authority shall be handled by the courts of law as
stipulated in this Constitution. All verdicts shall be issued under the
name of the Emir.
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Part 2 - The Emir |
| Article 64
The Emir is the Head of the State. His person is secure and should be
respected.
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| Article 65
The Emir is the Supreme Commander of the Armed Forces, has the right to
supervise them, to be assisted by the Defence Council under his direct
supervision. The formation of the Defence Council and the definition of
its authority shall be as per an Emiri Decision.
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| Article 66
The Emir shall represent the State within the country and in all
international relations.
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| Article 67
The Emir shall have the following powers:
1. Formulating the general policy of the State with the assistance of
the Cabinet. 2. Endorsing and issuing laws. No law shall be issued unless endorsed by the Emir. 3. Convening meetings of the Council of Ministers, whenever public interest so requires. He shall chair all sessions he attends. 4. Appointing civil and military personnel and terminating their services according to the law. 5. Accepting the credentials of diplomatic and consular missions. 6. Pardoning convicts or reducing punishments in accordance with the law. 7. Bestowing civil and military honours in accordance with the law. 8. Establishing and organising ministries and other government agencies and defining their authorities. 9. Establishing and organising agencies to give him opinions and consultation to guide the policies of the State, to supervise these agencies and to define their authority. 10. Any other powers in accordance with this Constitution and the law.
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| Article 68
The Emir shall sign conventions and agreements by issuing a Decree and
putting them before the Advisory Council along with relevant
descriptions. The conventions or the agreements shall have the power of
law after being endorsed and published in the official gazette. While
the treaties and other such pacts related to the territories of the
State or the rights of sovereignty or general or special rights of the
citizens or those that include amendments of the law, shall not be valid
unless being issued by a law. In any case, treaties shall not include
secret conditions contrary to those made public.
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| Article 69
The Emir may announce through a Decree a national emergency in the State
under exceptional circumstances stipulated by the law. He has the right
to take all the necessary urgent measures to confront any danger
threatening the safety of the State or its territorial integrity or
security and interests of its people or impeding the institutions of the
State from performing their duties. The Decree shall include the nature
of such exceptional circumstances for which the state of emergency has
been declared and describe the measures being taken to confront the
emergency. The Advisory Council shall be notified within 15 days
following the issuance of the Decree. In case of the absence of the
council for any reason, it should be notified about the Decree in its
first meeting. The declaration of the emergency provisions shall have a
limited period of validity and shall not be extendable unless approved
by the Advisory Council.
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| Article 70
The Emir has the right in the exceptional circumstances that require
urgent measures and issuance of laws and if the Advisory Council is not
in session, to issue relevant Decrees having the power of law. These
Decree-Laws shall be put before the Advisory Council in its first
meeting. The council has the right, within 40 days and by two-thirds
majority, to reject any of these or ask for amendments for a specific
period of time. The effect of these Decree-Laws shall be cancelled from
the date of the council’s rejection or after the expiry of the period
specified for their amendment.
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| Article 71
A war of defence shall be declared as per an Emiri Order. Offence is
prohibited.
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| Article 72
The Emir shall appoint the Prime Minister and accept his resignation and
relieve him from his post with an Emiri Order. The acceptance of the
resignation or the dismissal of the Prime Minister will amount to
dissolution of the entire Council of Ministers. In case of acceptance of
the resignation or dismissal from the post the ministries shall continue
to perform urgent functions until fresh appointments are made.
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| Article 73
The Emir shall appoint ministers according to an Emiri Order, as per
nominations made by the Prime Minister, and accept their resignation or
dismiss them with the same tool. In case of acceptance of the
resignation of the minister, the Emir may ask him to perform urgent
functions until the appointment of his successor.
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| Article 74
The Emir, before practising his power in a special session for the
Advisory Council, shall take the following oath: “I swear by the
Almighty Allah to respect the Islamic Shariah, the Constitution, and the
Law, and to protect the independence of the State and maintain its
territorial security and to protect its people’s freedom and interests.”
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| Article 75
The Emir may ask for a citizen’s referendum on crucial issues related to
national interests. The referendum issue shall be accepted if approved
the majority of voters. The result of the referendum shall be valid and
binding from the date of its announcement and shall be published in the
official gazette.
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Part 3 - The Legislative Authority |
| Article 76
The Advisory Council shall handle the legislative authority, approve the
general State budget and monitor the executive authority, in a manner
stipulated by this Constitution.
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| Article 77
The Advisory Council shall consist of 45 members. Thirty of them shall
be elected directly by secret ballot, while the remaining 15 shall be
appointed by the Emir from among ministers or others. The membership of
the appointed members shall be terminated with their resignation or
dismissal.
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| Article 78
The election system should be laid out by a law, defining the terms and
conditions of nomination and election.
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| Article 79
The electoral districts, that the State will be divided into, shall be
defined by an Emiri Decree.
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| Article 80
The conditions for eligibility to the Advisory Council membership are: 1. Should be of Qatari origin. 2. Age on the closing date of nomination should not be less than 30 years according to Gregorian calendar. 3. Should be fluent in reading and writing Arabic language. 4. Should not have been convicted of a crime related to dishonesty or violating honour, unless otherwise rehabilitated later, in accordance with the law. 5. Should satisfy all conditions stipulated in the election laws.
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| Article 81
The Advisory Council shall have a four-year tenure from the date of its
first meeting. The election of the new council shall be conducted ninety
days before the end of the tenure of the previous one. Members may be
re-elected. If the elections cannot be held or are delayed, for any
reason, at the end of the previous council’s tenure it will continue to
be in office until the election. The term shall not be extended unless
when necessary and shall be done by a Decree.
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| Article 82
The law shall define the concerned judicial authority for deciding the
legality of the election of the members of the Advisory Council.
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| Article 83
If a post of an elected member falls vacant at least six months before
the end of its term, for any reason, a successor should be elected from
the date of the vacancy being created. If a post of an appointed member
falls vacant, a replacement shall be appointed. In both cases, the new
member shall complete the term of his predecessor.
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| Article 84
The Advisory Council will work for at least eight months in a year. The
sessions shall not be adjourned before the approval of the State Budget.
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| Article 85
The Advisory Council shall hold its annual ordinary session according to
an invitation from the Emir, during the month of October every year.
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| Article 86
With the exception of the previous two Articles, the Emir may call the
Advisory Council to the first meeting following the election within one
month of the election. In case of a delay in holding this session, the
period of the delay in this annual session, as stipulated in the
previous Article, shall be suitably deducted.
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| Article 87
The Emir or his deputy shall open the annual session of the council and
shall deliver a comprehensive speech tackling all the issues faced by a
country.
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| Article 88
The Emir shall call the Advisory Council to an extraordinary meeting, if
necessary, or as per a request of the majority of the council. In the
extraordinary session, the council has no right to discuss matters
except those for which the session was called.
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| Article 89
Invitation for the Advisory Council meeting in its ordinary or
extraordinary sessions and its adjournment shall be as per a Decree.
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| Article 90
The Emir has the right to put off an Advisory Council meeting by a
Decree for a period not exceeding one month. This postponement shall not
be repeated in one session unless with the approval of the council. The
period of postponement shall not be calculated as part of the period of
the session.
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| Article 91
The council shall hold its meetings at its location in Doha. The Emir
has the right to call the meeting at any other place.
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| Article 92
Members of the Advisory Council shall take the following oath before
assuming their duties in an open session: “I swear by Almight Allah to
be loyal to the country and the Emir; to respect the Islamic Shariah,
the Constitution and the Law; to uphold the people’s interests and to
perform my task honestly and faithfully.”
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| Article 93
The council in its first meeting shall elect a chairman and a deputy
chairman from amongst its members for the entire term. If any one of
these posts falls vacant, the council shall elect a replacement until
the end of its term. Elections shall be conducted through secret ballot.
If a majority in favour of a candidate is not achieved, there would be
repolling for the members whose tallies are tied. If the tie cannot be
broken by polling, a winner shall be decided by drawing lots. The
session shall be chaired by the oldest member, until the chairman is
elected.
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| Article 94
The council shall form the required committees of members within two
weeks of its first annual session. These committees may work when the
council is not in session and present the result of their activities at
the council’s sessions.
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| Article 95
The council shall have a board consisting of the chairman, his deputy,
heads of committees and the general secretariat assisting the council in
performing its duties.
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| Article 96
Maintaing order in the council is the duty of the chairman.
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| Article 97
The council shall establish its internal regulations and systems for its
functioning, for the functioning of committees, organising sessions,
rules of discussions, voting, and other powers and duties as stipulated
by this Constitution. The regulation should define penalties to be given
to members violating them or being absent from the council’s or
committees’ meetings without any justifiable reason. These regulations
should be issued through a law.
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| Article 98
Sessions of the Advisory Council shall be public. They may be held in-
camera as per a request of a third of its members or by a request from
the Cabinet.
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| Article 99
For a session to be valid, it should be attended by a majority of the
members, including the chairman or the deputy chairman. The session
shall be postponed to the next date in the lack of a quorum.
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| Article 100
Decisions of the council should be issued by a vast majority of the
members in attendance, in cases not requiring a special majority. In
case of a tie, the chairman shall have a casting vote.
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| Article 101
Membership of the council shall expire for any one of the following
reasons: 1. Death or disability 2. Expiry of the term 3. Resignation 4. Dismissal 5. Dissolution of the council
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| Article 102
Resignation from the membership of the council shall be in writing to
the chairman. The chairman shall put the resignation before the council
for a decision. The internal regulation shall organise the related
provisions.
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| Article 103
Membership of any of the council member shall not be revoked unless he
is untrustworthy or any one of the eligibility conditions is violated,
or is case of negligence of duties as a member. A decision on dropping a
member shall be taken by a two-thirds majority of the council.
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| Article 104
The Emir has the right to dissolve the Advisory Council with a Decree,
explaining the reasons for the dissolution. It is not permissible for
the council to be dissolved for the same reason twice. If the council is
dissolved, election for a new body shall be conducted not later than six
months from the date of the dissolution. Until the new council takes
over, the Emir shall handle the legislative powers with the assistance
of the Cabinet.
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| Article 105
1. Every member of the Advisory Council has the right of proposing laws.
Every proposal shall be referred to the concerned committee in the
council for further study and placing it before the council. If the
council accepts the proposal, it shall be referred to the government
after putting in the form of a draft law along with the council’s
opinions. After consideration by the government it shall be returned to
the council in the same or the next session. 2. A proposed law rejected by the council shall not be submitted again in the same session.
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| Article 106
1. Every draft of law approved by the Advisory Council shall be
submitted to the Emir for endorsement.
2. If the Emir does not approve the draft, he shall return it to the
council within three months from the date of submission, along with
reasons for such an action. 3. If the draft of law is returned to the council within the stipulated period and the council approves it once again with a two-thirds majority, the Emir shall approve it and issue the law. The Emir has the right, when absolutely necessary, to issue orders to stop the implementation of such a law for a period for which he believes it may achieve the greater interests of the country. However, if the draft does not get a two-third vote of the council, it shall not be reviewed during the same session.
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| Article 107
The general State Budget proposals should be referred to the Advisory
Council at least two months before the beginning of the fiscal year. The
budget shall not be valid unless approved by the council. The council
has the right to amend the State Budget proposals after the approval of
the government. If the new budget is not approved before the beginning
of the fiscal year, the previous budget provisions shall continue until
the approval of the new one. The law shall stipulate the manner in which
the budget is prepared as well as the fiscal year.
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| Article 108
The Advisory Council has the right of expressing opinions to the
government in general matters, and if the government is not able to
accept these opinions it should explain the reasons to the council. The
council has the right to respond once to this explanation.
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| Article 109
Every member of the council has the right to seek explanations from the
Prime Minister or any of the ministers in matters related to their areas
of jurisdiction. Only the member seeking explanation has the right to
comment once on the explanation.
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| Article 110
Every member of the council has the right to question ministers in
matters related to their areas of jurisdiction. Such a question has to
be first approved by a third of the council. Discussions on the question
shall not be conducted within ten days of putting it, unless in case of
an emergency, provided that the concerned minister approves curtailing
of this period.
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| Article 111
Every minister is responsible before the council for the functioning of
his ministry. A motion of no-confidence against a minister shall not be
moved until after a discussion on the enquiry addressed to him. A non-
confidence motion cannot be brought without the minister’s approval,
unless an application is signed by 15 members. The council has no right
to issue a decision in this matter before at least ten days from the
date of submitting the application or expressing the idea. A no-
confidence move against a minister shall have to be approved by two-
thirds of the members the council consists of. The minister shall be
relieved of his charge from the date of the decision on the no-
confidence motion.
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| Article 112
A member of the council shall not be excused for the opnions or views
expressed before the council or its committees on issues within the
juridiction of the council.
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| Article 113
1. No member of the Advisory Council shall be arrested, jailed, frisked
or questioned unless caught red-handed in an illegal action or without
the permission of the council. If the council does not issue a decision
on an application within one month from the date of receiving such
application, it shall be considered as granting of permission. The
permission shall be issued by the chairman of the council in times when
the council is not in session. 2. In case of apprehension, the council should be informed about the action taken against the concerned member. In times when the council is not in session, it should be notified in the its first session.
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| Article 114
It is not allowed for a member of the council to have membership of the
council while simultaneously handling public post, except in cases where
it is accepted by the Constitution.
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| Article 115
Members of the council shall work for the interests of the country and
shall not use this membership in any way for their own interests or
interests of those with whom they have special relations. The law shall
define acts that the members shall not indulge in.
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| Article 116
The chairman of the council, his deputy and members shall be awarded
renumeration to be defined by the law, and to be valid from the date of
their taking the oath before the council.
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Part 4 - Executive Authority |
| Article 117
No one shall be appointed as minister unless being of Qatari origin.
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| Article 118
The formation of the Cabinet shall be in accordance with an Emiri Order,
as per a proposal from the Prime Minister. The Emir has the right to
assign the Prime Minister or any of the minister with one or more
portfolios. The law shall define the authority of the ministers.
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| Article 119
The Prime Minister and ministers shall take the following oath before
the Emir: “I swear by Almighty Allah to be loyal to the country and the
Emir; to respect the Islamic Shriah, the Constitution, and the Law, and
to uphold the people’s interest, and to perform my duties honestly and
faithfully, and to fully preseve the country’s territorial integrity.
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| Article 120
The Cabinet shall assist the Emir in performing his duties and
practising his authority, according to this Constitution and the
provisions of the law.
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| Article 121
The Cabinet shall be assigned, in its capacity as supreme executive
authority, the managing all internal and external affairs which come
within its authority according to the Constitution and the provisions of
the law. The Cabinet shall particularly have the following powers: 1. Proposing drafts of laws and decrees. Draft of laws should be referred to the Advisory Council for consideration, and in case of approval, should be submitted to the Emir for endorsement and issuance, according to the provisions of this Constitution. 2. Approving drafts and decisions prepared by ministries and other government agencies, each within its competence, for the implementation of laws and in compliance with its provisions. 3. Supervising implementation of laws, decrees, regulations and decisions. 4. Proposing the establishment and organisation of government departments, agencies, and public institutions, in compliance with the law. 5. Monitoring the financial and administrative processes of the government. 6. Appointing and terminating employees in cases where such action is not within the authority of the Emir or individual ministers, according to the law. 7. Setting the general rules that ensure the stability of the internal security and maintaining order in the country at large, according to the law. 8. Managing the State finances, preparing the general budget proposals, according to the provisions of this Constitution and the law. 9. Approving economic projects and the means of their implementation. 10. Supervising means of promoting the interests of the State abroad and means of promoting international relations and external affairs. 11. Preparing a report in the beginning of every fiscal year, to include a detailed presentation on the significant achievements within and outside the country, along with a plan outlining the best means to achieve comprehensive development of the state. Providing means of development, progress and welfare. Consolidating the country’s security and stability according to the core principles guiding the State policy stipulated in this Constutition. This report shall be submitted to the Emir for approval. 12. Any other functions assigned to it by this Constitution or the law. |
| Article 122
The ministers shall execute the general policy of the government, within
their authority. The Emir has the right to ask the Prime Minister or the
ministers to submit reports concerning any of the affairs within their
authority.
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| Article 123
The Prime Minister and the ministers are collectively responsible before
the Emir for the implemnetation of the general policy of the government.
Every one of them shall hold individual responsibility before the Emir
concerning his duties and practising his authority.
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| Article 124
The law shall determine the remuneration of the Prime Minister and the
ministers. The Prime Minister shall be subject to all provisions
applying to ministers, unless there is a provision that states
otherwise.
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| Article 125
The Prime Minister shall handle the Cabinet’s sessions and guide and
supervise the discussions and the coordination between different
ministries to achieve the unity of the government agencies and the
integration of its activities. He has the right to sign on behalf of the
Cabinet and in the name of the Cabinet, all decisions issued by the
Cabinet. He shall submit to the Emir all decisions taken by the Cabinet
relating to affairs that an Emiri Decision defines for endorsement and
issuance, according to the provisions of this Constitutions.
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| Article 126
Meetings of the Cabinet shall be considered legal if the majority of its
members attend along with the Prime Minister or his deputy. The
deliberations of the Cabinet shall be confidential. Its decisions shall
be taken only when approved by a majority of the members. In case of a
tie, the Prime Minister has a casting vote. The minority shall accept
and be committed to the decision of the majority.
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| Article 127
The Cabinet shall prepare its internal regulation for organising its
functioning. It shall have a secretariat general to assist it in
performing its tasks.
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| Article 128
The ministers, when handling their posts, shall uphold the interets of
the country. They shall not use or exploit there official posts in any
way for their own interests or for the interests of those with whom they
have special relations. The law shall define acts prohibited for the
ministers and acts that may attract questioning, and also define the
manner of this questioning.
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Part 5 -Judicial Authority |
| Article 129
The prevalence of the law is the basis of the rule in the State. The
honesty of judiciary and the neutrality of judges and their justice is a
guarantee of rights and freedoms.
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| Article 130
The judicial authority is independent and shall be handled by courts of
law in its different types and degrees. It shall issue its verdicts
according to the law.
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| Article 131
Judges are independent. There is no power over them in their judgements
except the law. No agency has the right to interfere in the process of
justice.
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| Article 132
The law shall categorise the courts of law in different types and
degrees and define their authorities and jurisdictions. The authority of
court martialling is restricted in cases of non-emergency professions,
on the military crimes committed by personnel of the armed forces and
security forces, and within the limits stipulated by the law.
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| Article 133
Sessions of the courts of justice shall be public, unless the court
decides to hold them in-camera. In all cases, the pronouncement of the
verdict shall be in a public session.
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| Article 134
Judges are beyond dismissal, except in cases to be defined by the law.
The law shall define the special provisions related to them and organise
their disciplinary questioning.
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| Article 135
Litigation is a right secured and preserved for the people. The law
shall define procedures and situations of practising this right.
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| Article 136
The Attorney General shall handle the general public cases in the name
of the society; supervise the affairs of judicial control; be dedicated
to the implementation of the criminal law. The law shall set this agency
and define its authority and conditions and special guarantees for those
appointed in its posts.
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| Article 137
The judiciary shall have a Supreme Council supervising the proper way of
the functioning of courts and supporting agencies. The law shall define
the formation of this council, its jurisdiction and authority.
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| Article 138
The law shall define the concerned agency entitled to settle
administrative disputes and its system and its functions.
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| Article 139
The law shall define the manner of settling disputes on the
specialisation between the judicial bodies and in disputes between
provisions.
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| Article 140
The law shall define the judicial agency that is authorised to settle
disputes related to constitutional validity of laws and regulations;
define its authority, and means of appeal and regulations that should be
followed before this agency. The law shall also define the effect of a
sentence declaring an act as unconstitutional.
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Constitution of Qatar |
| State and the Bases of the Rule |
| Basic components of the Society |
| General Rights and Duties |
| Organisation of Authorities |
| General Provisions |
| Emir |
| Legislative Authority |
| Executive Authority |
| Judicial Authority |
| Final Provisions
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