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The system of Constitutionality control did not exist in the history of Cambodia . The Constitution of May 6, 1947 , which had been modified successively until March 31, 1964 , provided for the competence to interpret constitutional text in its article 119 but did not state the constitutionality control. The competence to final interpretation was left to the National Assembly.


The Constitution of April 30, 1972 of the Khmer Republic set up a system of constitutionality control under the name of Constitutional Court . Despite its name, this body functioned completely apart from the judiciary power. This bore western influence.


The advent of the Khmer Rouge regime in 1975 led to the massacre and the utter destruction of infrastructures and the rule of laws till the end of 1978.


After the liberation, January 7, 1979 , along with the reconstruction of the nation in all fields, the restoration of legislative system was active. The 1981 Constitution of the People's Republic of Kampuchea vested the law interpretation in the Council of State which did this in the status of the Standing Committee of the National Assembly. The 1989 Constitution of the State of Cambodia provided for the law interpretation by the Permanent Committee of the National Assembly. But at that time, the interpretation of the Constitution and the control of the constitutionality did not exist.


The new Constitution, adopted September 21, 1993 by the Constituent Assembly which emerged from the election sponsored by the United Nations in 1993, was promulgated September 24, 1993 . Consequently, western influence returned. The new Chapter XII of the Constitution provides for the Constitutional Council. This recalls, in many respects, the French Constitutional Council.


However, there are differences from the French Constitutional Council, particularly, a posteriori control of constitutionality and public hearing of cases concerning general election. The public hearing is stipulated in the Law on General Election, promulgated December 26, 1997.


It should be noted that the 1993 Constitution has been amended 9 times:


• The first amendment is promulgated by Preah Reach Kram of July 14, 1994, aiming at delegating the King’s signature authority to the Acting Head of State.


• The second amendment is promulgated by Preah Reach Kram No. NS/RKM/0399/01 of March 8, 1999, aiming to create the Senate.


• The third amendment is promulgated by Preah Reach Kram No. NS/RKM/0701/11 of July 28, 2001, aiming to give the King the right to create and confer decorations or national medals.


• The fourth amendment is promulgated by Preah Reach Kram No. NS/RKM/0605/018 of June 19, 2005, aiming to modify the quorum of the National Assembly and that of the Senate to streamline the administrative process of the two legislative bodies.


• The fifth amendment is promulgated by Preah Reach Kram No. NS/RKM/0306/006 of March 9, 2006, aiming to modify the procedures for forming the Head of the National Assembly and the Royal Government.


• The sixth amendment is promulgated by Preah Reach Kram No. NS/RKM/0208/008 of February 15, 2008, aiming to reform the structure of territorial administration of the Kingdom of Cambodia.


• The seventh amendment is promulgated by Preah Reach Kram No. NS/RKM/1014/022 of October 23, 2014, aiming to confer constitutional status on the National Election Committee (NEC).


• The eighth amendment is promulgated by Preah Reach Kram No. NS/RKM/0218/002 of February 27, 2018, aiming to promote the Khmer nation value in the cause of the protection of national independence, sovereignty and unity against external interference.


• The ninth Amendment to the Constitution promulgated by Royal Kram n° NS/RKM/1121/016 of November 3, 2021, aimed at banning the high dignitaries who are President of the National Assembly, President of the Senate, Prime Minister and President of the Constitutional Council from having a nationality other than “Cambodian nationality”.


* The Additional Constitutional Law tending to ensure the regular functioning of the national institutions is promulgated by Preah Reach Kram No. NS/RKM/0704/001 of July 13, 2004, aiming at ensuring, under all circumstances, the good functioning of the national institutions in respecting the basic principles of a liberal multi-party democracy, according to the state of necessity.


Welcame to Constitutional Council of Cambodia
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What is the constitutional council?
Symbol
Competence
Composition and Procedure
Speeches and Presentations
Series Q & A
Notification
Activities
Structures
History of Leaders
Welcame to Constitutional Council of Cambodia
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