Cambodia 1993 Constitution (reviewed 2008) - Page 13 of 18

Table of Contents

Chapter XII. The Constitutional Council

Article 136

The Constitutional Council shall guarantee the observance and respect of the Constitution, interpret the Constitution and laws adopted by the National Assembly and reviewed by the Senate.

The Constitutional Council shall have the rights to examine and decide on disputes concerning the election of Members of the National Assembly and the election of Senators.

Article 137

The Constitutional Council consists of nine members who are appointed for a term of nine-years. One third of the members of the Constitutional Council shall be replaced every three years. Three members shall be appointed by the King, three by the National Assembly and three by the Supreme Council of the Magistracy.

The Chairperson shall be elected by the members of the Constitutional Council. The Chairperson shall have a deciding vote if voting is tied.

Article 138

Members of the Constitutional Council shall be selected from among dignitaries with a higher-education degree in law, administration, diplomacy or economics and who have considerable work experience.

Article 139

A member of the Constitutional Council must not be a Senator, a Member of the National Assembly, a Member of the Royal Government, a sitting Judge, a public servant, the president or vice-president of a political party or the president or vice-president of a union.

Article 140

The King, the Prime Minister, the President of the National Assembly, one tenth of the members of the National Assembly, the President of the Senate, or one quarter of the Senators may send laws adopted by the National Assembly to the Constitutional Council for review before promulgation.

The Internal Regulations of the National Assembly, the Internal Regulations of the Senate and organic laws must be sent to the Constitutional Council for review before promulgation. The Constitutional Council shall decide within 30 days whether the laws, the Internal Regulations of the National Assembly or the Internal Regulations of the Senate are constitutional.

Article 141

After any law is promulgated, the King, the President of the Senate, the President of the National Assembly, the Prime Minister, one quarter of the Senators, one tenth of Members of the National Assembly, or the Courts, may request the Constitutional Council to review the constitutionality of that law.

People shall have the rights to appeal against the constitutionality of any law through Members of the National Assembly, or the President of the National Assembly, or Senators, or the President of the Senate as stipulated in the above paragraph.