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Constitutions

Algeria Constitution.................................................................................................................................................2

Bahrain Constitution..............................................................................................................................................15

Egypt 1972.............................................................................................................................................................27

Egypt 1980 Constitution........................................................................................................................................39

Iraq 1925................................................................................................................................................................47

Iraq 2005................................................................................................................................................................55

Lebanon 1926........................................................................................................................................................88

Lebanon 1990........................................................................................................................................................97

Libya - Constitution.............................................................................................................................................105

Morocco - Constitution........................................................................................................................................108

Morocco 1996......................................................................................................................................................115

Palestine 1995 Draft Basic Law..........................................................................................................................122

Palestine 2003 Draft Permanent constitution......................................................................................................130

Palestine 2002 Basic Law....................................................................................................................................146

Palestine 2003 Amended Basic Law...................................................................................................................154

Palestine 2005 Amendments to Basic Law.........................................................................................................166

Saudi Arabia........................................................................................................................................................167

Tunisia.................................................................................................................................................................173

UAE Constitution................................................................................................................................................180

Yemen..................................................................................................................................................................193

Algeria Constitution

{ Adopted on: 19 Nov 1976 }{ Amended on: 28 Nov 1996 }

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{ Official name: The Constitution of the People's Democratic Republic of Algeria }{ ICL Document Status: 28 Nov 1996 }

{ Editor's Note:The ICL edition was based on a text by the Algerian Constitutional Council.  Because of the official character of the translation, the text has not even been changed where it disregards common terminology ('under-mentioned' instead of 'below').  However, paragraph numbers have been added throughout.  Some article titles and cross-references have been added. }

In the Name of God the Merciful and the Compassionate PreambleThe Algerian people are a free people, and decided to remain so.Its history is a long series of struggles which always made Algeria a land of freedom and dignity.Being at the heart of great events witnessed by the Mediterranean area throughout history, Algeria has found in her sons, since the Numid era and the Islamic epic and up to the wars of decolonization, the pioneers of freedom, unity and progress as well as builders of democratic and prosperous States during the periods of glory and peace.The 1st of November 1954 was a turning point for its destiny and a crowning for the tong resistance to aggressions carried out against its culture, its values and the fundamental components of its identity which are Islam, Arabity and Amazighity. Its current struggles are well rooted in the glorious past of the nation.Gathered in the national movement and later within the National Front of Liberation, the Algerian people have made great sacrifices in order to assume their collective destiny in the framework of recovered freedom and cultural identity and to build authentic people's democratic constitutional institutions.The National Front of Liberation crowned the sacrifices of the best sons of Algeria during the People's war of liberation with independence and built a modern and full sovereign State.The belief in the collective chokes allowed the people to achieve great successes, characterized by the recovery of the national resources and the building of a State exclusively for the benefit of the people and exercising freely its powers and without any external pressures.Having fought and still fighting for freedom and democracy, the Algerian people, by this Constitution, decided to build constitutional institutions based on the participation of any Algerian, man and woman, in the management of public affairs; and on the ability to achieve social Justice, equality and freedom for all.The Constitution is the concretisation of the People's genius, the reflection of their aspirations, the fruit of their determination and the product of the deep social changes. Thus, in approving this Constitution, the People are, more than ever, decided to consider the law above everything.The Constitution is above all, it is the fundamental law which guarantees the individual and collective rights and liberties, protects the principle of the People 's free choke and gives the legitimacy to the exercise of powers. It helps to ensure the

legal protection and the control of the public authorities in a society in which lawfulness and man's progress prevail in all its dimensions.Strong with their deeply rooted spiritual values and preserving their traditions of solidarity and justice, the people are confident in their ability to participate efficiently in the cultural, social and economic progress of the present and future world.Algeria, being a land of Islam, an integral part of the Great Maghreb, an Arab land, a Mediterranean and African country is proud of the radiance of its 1st of November Revolution and is honored by the respect the country gained and knew how to preserve it through its engagement towards the just causes in the world.The pride of the People, their sacrifices, their sense of responsibility and their ancestral attachment to freedom and to social justice are the best guaranty for the respect to this Constitution which they adopt and transmit to future generations, heirs of the freedom pioneers and the builders of free society. Part One  General Principles Governing the Algerian Society Chapter I - Algeria Article 1  [Democracy, Republic]Algeria is a People's Democratic Republic. It is one and indivisible. Article 2  [State Religion]Islam is the religion of the State. Article 3  [Language]Arabic is the national and official language. Article 4  [Capital]The capital of the Republic is Algiers. Article 5  [Flag, Seal, Anthem]The national flag, the State seal and the national anthem are defined by the law. Chapter II - The People Article 6  [Popular Sovereignty](1) The People are the source of any power.(2) The national sovereignty belongs exclusively to the People. Article 7  [Constituent Power, Referendum](1) The constituent power belongs to the People.(2) The People exercise their sovereignty through institutions they set up.(3) The People exercise it by means of referendum and through the elected representatives.(4) The President of the Republic may resort directly to the expression of the People's will. Article 8  [Institutional Objectives]The People set up institutions having as objectives:

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- the safeguard and consolidation of the national independence;- the safeguard and consolidation of the national identity and unity;- the protection of fundamental liberties of the citizen and the social and cultural progress of the Nation;- the suppression of the exploitation of man by man;- the protection of the national economy from any form of embezzlement or misappropriation, illegitimate monopolizing or seizure. Article 9  [Institutional Prohibitions]The institutions are not allowed:- feudal, regionalist and nepotic practices;- setting up exploitation relationships and dependence links;- practices that are contrary to the Islamic ethics and to the values of the November Revolution. Article 10  [Representation](1) The People choose freely their representatives.(2) The representation of the People has no limits except those defined by the Constitution and the electoral law. Chapter III - The State Article 11  [Legitimacy, Motto, Purpose](1) The State takes its legitimacy and its raison d'etre from the People's will.(2) Its motto is "By the People and for the People".(3) It is exclusively for the service of the People. Article 12  [Sovereignty](1) The sovereignty of the State is exercised on its terrestrial space, its air space, and its waters.(2) The State also exercises its sovereign right established by the international law on any of its various areas of the maritime space to which they belong. Article 13  [Territory]In any circumstances should a part of the national territory be abandoned or alienated. Article 14  [State Principles](1) The State is based on the principles of democratic organization and of social justice.(2) The elected Assembly is the framework in which is expressed the people's will and the control of the public authorities is exercised. Article 15  [Communes](1) The territorial collectivities of the State are the "Commune" and the "Wilaya".(2) The "Commune" is the basic collectivity. Article 16  [Decentralization]The elected assembly represents the basis of decentralization and a place of the citizens' participation in the management of public affairs. Article 17  [Public Property](1) Public property belongs to the national collectivity.

(2) It includes the underground, the mines and quarries, the natural resources of energy, the mineral, natural and living resources in the various national maritime areas, waters and forests.(3) It also includes rail, maritime and air transport, the mail and telecommunications as well as other properties defined by the law. Article 18  [National Properties](1) The national properties are defined by the law.(2) They include public and private properties of the State, the "Wilaya" and the "Commune".(3) The management of the national properties is carried out in accordance with the law. Article 19  [External Trade](1) The organization of external trade is the domain of the State only.(2) The law defines the conditions and control of external trade. Article 20  [Expropriation](1) Expropriation can be carried out only within the framework of the law.(2) It gives right to a prior, just and fair compensation. Article 21  [Public Interest]The functions in the State institutions should neither be a source of wealth nor a means of being for the service of private interests. Article 22  [Abuse of Power]Power abuse is repressed by the law. Article 23  [Impartiality]The Administration's impartiality is guaranteed by the law. Article 24  [Security, Protection Abroad]The State is responsible for the security of persons and properties. It ensures the protection of every citizen abroad. Article 25  [Army](1) The enhancement and the development of the defense capacity of the Nation are organized within the National People's Army.(2) The permanent task of the National People's Army is to safeguard the national independence and to defend the national sovereignty.(3) It ensures the defense of the country's unity and the territorial integrity as well as the protection of its terrestrial and air space, and the various areas of its maritime space. Article 26  [War](1) Algeria does not resort to war in order to undermine the legitimate sovereignty and the freedom of other peoples.(2) It puts forth its

efforts to settle international disputes through peaceful means. Article 27  [Liberation, Self-Determination]

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Algeria associates itself with all the peoples fighting for their political and economic liberation, for the right of self determination and against any racial discrimination. Article 28  [International Cooperation]Algeria works for the reinforcement of international cooperation and to the development of friendly relations among States, on equal basis, mutual interest and non interference in the internal affairs. It endorses the principles and objectives of the United Nations Charter. Chapter IV - Rights and Liberties Article 29  [Equality Before the Law, No Discrimination]All citizens are equal before the law. No discrimination shall prevail because of bind, race, sex, opinion or any other personal or social condition or circumstance. Article 30  [Citizenship](1) The Algerian nationality is defined by the law.(2) Conditions for acquiring, keeping, losing or forfeiture of the Algerian nationality are defined by the law. Article 31  [Equality]The aim of the institutions is to ensure equality of rights and duties of all citizens, men and women, by removing the obstacles which hinder the progress of human beings and impede the effective participation of all in the political, economic, social and cultural life. Article 32  [Fundamental Rights and Liberties]The fundamental human and citizen's rights and liberties are guaranteed. They are a common heritage of all Algerians, men and women, whose duty is to transmit it from generation to another in order to preserve it and keep it inviolable. Article 33  [Protection of Rights]Individual or associative defense of the fundamental human rights and individual and collective liberties is guaranteed. Article 34  [Personal Integrity, Human Dignity](1) The State guarantees the inviolability of the human entity.(2) Any form of physical or moral violence or breach of dignity is forbidden. Article 35  [Repression of Infringements]Infringements committed against rights and libel ties and violations of physical or moral integrity of a human being are repressed by the law. Article 36  [Creed, Opinion]Freedom of creed and opinion is inviolable. Article 37  [Trade, Industry]Freedom of trade and industry is guaranteed, it is carried out within the framework of the law. Article 38  [Intellectual, Artistic, Scientific Innovation, Copyright](1) Freedom of intellectual, artistic and scientific innovation is guaranteed to the citizen.(2) Copyrights are protected by the law.

(3) The seizure of any publication, recording or any other means of communication acid information can only be done in pursuance of a warrant. Article 39  [Privacy, Secrecy of Communication](1) The private life and the honour of the citizen are inviolable and protected by the law.(2) The secrecy of private correspondence and communication, in any form, is guaranteed. Article 40  [Home]The State guarantees home inviolability. No thorough search can be allowed unless in pursuance of the law and in compliance with the latter. The thorough search can only be in pursuance of a search warrant emanating from the competent judicial authority. Article 41  [Expression, Association, Meeting]Freedom of expression, association and meeting are guaranteed to the citizen. Article 42  [Political Parties, Restrictions](1) The right to create political parties is recognized and guaranteed.(2) However, this right cannot be used to violate the fundamental liberties, the fundamental values and components of the national identity, the national unity, the security and the integrity of the national territory, the independence of the country and the People's sovereignty as well as the democratic and Republican nature of the State.(3) In respect to the provisions of the present Constitution, the political parties cannot be founded on religious, linguistic, racial, sex, corporatist or regional basis. The political parties cannot resort to partisan propaganda on the elements mentioned in the previous paragraph.(4) Any obedience, in any form of the political parties to foreign interests or parties is forbidden.(5) No political party can resort to any form of any nature of violence or constraint.(6) Other obligations and duties are prescribed by the law. Article 43  [Associations](1) The right to create associations is guaranteed.(2) The State encourages the development of associative movement.(3) The law defines the conditions and clauses of the creation of associations. Article 44  [Moving, Dwelling, Entry, Exit](1) Any citizen enjoying his civil and political rights has the right to choose freely his place of dwelling and to move on the national territory.(2) The right of entry and exit from the national territory is guaranteed. Article 45  [Innocence]Any person is presumed not guilty until his culpability is established by a regular jurisdiction with all the guarantees required by the law. Article 46  [nulla poena sine lege]

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None is guilty unless it is in accordance with a promulgated law prior to the incriminated action. Article 47  [Rule of Law]None can be pursued, arrested or detained unless within the cases defined by the law and in accordance with the forms prescribed. Article 48  [Arrest, Custody](1) In the field of penal investigation, custody is under judiciary control and cannot exceed forty-eight (48) hours.(2) The person held in custody has the right to be immediately in contact with his family.(3) The extension of the period of custody can occur, exceptionally, only within the conditions established by the law.(4) At the expiry of the period of custody, it is compulsory to proceed to a medical examination of the person detained if this latter asks for it, and in any cases, this person is informed of this right. Article 49  [Miscarriage of Justice]Miscarriage of justice leads to compensation by the State. The law determines the conditions and modes of compensation. Article 50  [Electora Rights]Any citizen fulfilling the legal conditions can elect and be elected. Article 51  [Equal Access to Offices]Equal access to functions and positions in the State is guaranteed to all citizens without any other conditions except those defined by the law. Article 52  [Property](1) Private property is guaranteed.(2) The right to inherit is guaranteed.(3) The "Wakf" properties and the foundations are recognized; their intended purpose is protected by the law. Article 53  [Education](1) The right for education is guaranteed. Education is free within the conditions defined by the law.(2) Fundamental education is compulsory.(3) The State organizes the educational system.(4) The State ensures the equal access to education and professional training. Article 54  [Healthcare](1) All citizens have the right for the protection of their health.(2) The State ensures the prevention and the fight of endemics and epidemics. Article 55  [Work](1) All citizens have right for work.(2) The right for protection security and hygiene at work is guaranteed by the law.(3) The right to rest is guaranteed; the law defines the relevant clauses. Article 56  [Unions]The trade union right is recognized to all citizens.

 Article 57  [Strike](1) The right to strike is recognized; it is carried out within the framework of the law.(2) The law may forbid or limit the strike in the field of national defense and security or in any public service or activity of vital interest for the community. Article 58  [Family]The family gains protection from the State and the society. Article 59  [Youths]The living conditions of the citizens under the age of working or those unable or can never be able to work are guaranteed. Article 60  [Duty to Obey Laws](1) Ignorance of the law is no excuse.(2) Every person should abide by the Constitution and comply with the laws of the Republic. Article 61  [Duty to Protect Independence](1) The duty of every citizen is to protect and safeguard the independence of the country and the integrity of its national territory as well as all the symbols of the State.(2) Treason, spying, obedience to the enemy as well as all the infringements committed against the State security are severely repressed by the law. Article 62  [Civil Duties](1) Every citizen should, loyally, fulfill his obligations towards the national community.(2) The commitment of every citizen towards the Mother Country and the obligation to contribute to its defense are sacred and permanent duties.(3) The State guarantees the respect of the symbols of the Revolution, the memory of the "chouhada" and the dignity of their rightfuls, and the "moudjahidine". Article 63  [Duty to Respect Rights]All the individual liberties are carried out within the respect of the rights of others recognized by the Constitution, in particular, the respect of the right for honour, intimacy and the protection of the family, the youth and childhood. Article 64  [Taxes](1) The citizens are equals before the taxes.(2) Everyone should participate in financing the public expenses, in accordance with his contributory capacity,(3) No taxes can be laid down unless in accordance with the law.(4) No tax, contribution or duty of any nature can be laid down with a retrospective effect. Article 65  [Parents]The law sanctions the duty of parents in the education and protection of their children as well as the duty of the children in helping and assisting their parents. Article 66  [Duty to Protect Public Property]The duty of every citizen is to protect the public property and the interests of the national community and to respect the property of others.

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 Article 67  [Rights of Foreigners]Any foreigner being legally on the national territory enjoys the protection of his person and his properties by the law. Article 68  [Extradition]None can be extradited unless in accordance and in implementation of the extradition law. Article 69  [Political Refugees, Asylum]In no case, a political refugee having legally the right of asylum can be delivered or extradited. Part Two  Organization of Powers Chapter I - The Executive Power Article 70(1) The President of the Republic, Head of the State, embodies the unity of the Nation. He is the guarantor of the Constitution.(2) He embodies the State within the country and abroad.(3) He addresses the Nation directly. Article 71(1) The President of the Republic is elected by direct, secret and universal suffrage.(2) The election acquired through the absolute majority of the expressed votes.(3) The other modes of presidential election are defined by the law. Article 72The President of the Republic exercises the supreme magistracy within the limits defined by the Constitution. Article 73(1) To be eligible to the Presidency of the Republic, the candidate should:- have, solely, the Algerian nationality by origin;- be a Muslim;- be more than forty (40) years-old the day of the election;- enjoy full civil and political rights;- prove the Algerian nationality of the spouse;- justify his participation in the 1st of November 1954 Revolution for the candidates born before July 1942;- justify the non-involvement of the parents of the candidate born after July 1942, in actions hostile to the 1st of November 1954 Revolution;- submit a public declaration of his personal and real estate existing either within Algeria or abroad.(2) Other conditions are prescribed by the law. Article 74(1) The duration of the presidential mandate is five (5) years.(2) The President of the Republic can be reelected once only. Article 75(1) The President of the Republic takes an oath before the People and in the presence of the high authorities of the Nation, in the week following his election.(2) He enters into of lice after taking the Oath. 

Article 76The President of the Republic takes the Oath in the following terms:"In the Name of God the Merciful and the Compassionate Faithful to the great sacrifices and to the memory of our martyrs as well as to the ideals of the eternal November Revolution. I do solemnly swear by God the almighty that I will respect and glorify the Islamic religion, defend the Constitution, see to the continuity of the State and provide the necessary conditions for the normal functioning of the reinforcement of the democratic process, respect the free choice of the people as well as the institutions and laws of the Republic, preserve the integrity of the national territory, the unity of the people and the nation, protect the fundamental human and citizen's rights and liberties, work for the development and progress of the people and put all my strength to the achievement of the great ideals of justice, freedom and peace in the world. God is my witness." Article 77In addition to the powers bestowed, explicitly, upon him by other provisions of the Constitution the President of the Republic has the following powers and prerogatives:1. he is the Supreme Chief of all the Armed Forces of the Republic;2. he is responsible for the National Defense;3. he decides and conducts the foreign policy of the Nation;4. he presides the Cabinet;5. he appoints the Head of Government and puts an end to his functions;6. he signs the presidential decrees;7. he has the right of pardon, remission or commutation of punishment;8. he can refer to the People through a referendum on any issue of national importance;9. he concludes and ratifies international treaties;10. he awards State medals, decorations and honorific titles. Article 78(1) The President of the Republic appoints:1. to posts and mandates provided by the Constitution:2. to State civil and military posts;3. to nominations decided in the Cabinet;4. the President of the Council of State;5. the Secretary General of the Government;6. the Governor of the Bank of Algeria;7. the Magistrates;8. high officials of security bodies;9. the "walis".(2) The President of the Republic appoints and recalls the ambassadors and the special envoys of the Republic abroad. He receives the credentials and the letters of recall of foreign diplomatic representatives. Article 79(1) The Head of Government presents the members of the Government he chose to the President of the Republic who appoints them.(2) The Head of Government establishes a programme and submits it to the Cabinet. Article 80

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(1) The Head of Government submits his programme for approval to the People's National Assembly. This latter opens, for this purpose, a general debate.(2) The Head of Government may adapt his programme in the light of this debate.(3) The Head of Government addresses a communication on his programme to the Council of Nation.(4) The Council of Nation may issue a resolution. Article 81In case of non approval of his programme by the People's National Assembly, the Head of Government presents the resignation of his Government to the President of the Republic. This latter appoints again a Head of Government in accordance with the same modes. Article 82(1) If the People's National Assembly's approval is not obtained, the People's National Assembly is dissolved de jure.(2) The Government in office is kept in position in order to manage daily affairs until the election of a new People's National Assembly within a maximum period of three (3) months. Article 83The Head of Government executes and coordinates the programme adopted by the People's National Assembly. Article 84(1) The Government presents each year a general policy declaration to the People's National Assembly.(2) The general policy declaration is followed by a debate on the action of the Government.(3) This debate may end up with a resolution.(4) It may also lead the People's National Assembly to bring in a vote of censure, in accordance with the provisions of Articles 135, 136 and 137 under-mentioned.(5) The Head of Government may ask the People's National Assembly a vote of confidence. If the motion of confidence is not voted, the Head of Government presents the resignation of his Government.(6) In this case, the President of the Republic may, before accepting the resignation, use the provisions of Article 129 under-mentioned.(7) The Government may also present a general policy declaration to the Council of Nation. Article 85In addition to the powers bestowed upon him explicitly by other provisions of the Constitution, the Head of Government exercises the following functions:1. he distributes the functions among the members of the Government in accordance with the provisions of the Constitution;2. he presides the Council of Government;3. he sees to the execution of laws and rules;4. he signs executive decrees;5. he appoints to state offices, without prejudice to the provisions of Articles 77 and 78 above mentioned;6. he sees to the best functioning of the public administration. Article 86

The Head of Government may present to the President of the Republic the resignation of his Government. Article 87(1) The President of the Republic cannot, in any cases, delegate the power to appoint the Head of Government, the members of the Government, as well as the presidents and members of constitutional institutions for whom another mode of designation is not provided by the Constitution.(2) Moreover, he cannot delegate his power to resort to referendum, to dissolve the People's National Assembly, to decide on anticipated legislative elections, to implement the provisions of Articles 77, 78, 91, 93 to 95, 97, 124, 127 and 128 of the Constitution. Article 88(1) If the President of the Republic, because of serious and long-lasting illness, happens to be in the impossibility to carry out his functions, the Constitutional Council meets de jure, and after having verified the reality of the impediment by the appropriate means, proposes, unanimously, to the Parliament to declare the state of impediment.(2) The Parliament sitting, in both chambers convened together, declares the state of impediment of the President of the Republic, with a majority of two-thirds (2/3) of its members and charges the President of the Council of Nation, to stand for the Head of State by interim for a maximum period of forty five (45) days and carry out his prerogatives in accordance with the provisions of Article 90 of the Constitution.(3) If the impediment continues at the expiry of the forty- five (45) days period, a declaration of vacancy by resignation de jure is made in accordance with the procedure mentioned in the above paragraphs and the provisions of the following paragraph of the present Article.(4) In case of resignation or death of the President of the Republic, the Constitutional Council meets de jure and ascertains the permanent vacancy of the Presidency of the Republic.(5) It, immediately, communicates the permanent vacancy declaration act to the Parliament which meets de jure.(6) The President of the Council of Nation assumes the charge of Head of State for a maximum period of sixty (60) days, during which presidential elections are organized.(7) The Head of State, thus designated, cannot be candidate to the Presidency of the Republic.(8) In case the resignation or the death of the President of the Republic comes in conjunction with the vacancy of the Presidency of the Council of Nation whatever the cause may be, the Constitutional council meets de jure and ascertain, unanimously, the permanent vacancy of the Presidency of the Republic and the impediment of the President of the Council of Nation. In this case, the President of the Constitutional Council assumes the function of the Head of State in accordance with the conditions defined in the preceding paragraphs of the present Article and Article 90 of the Constitution. I le cannot be candidate for the Presidency of the Republic. Article 89(1) When one of the candidates of the second round of the presidential elections dies, withdraws or is hindered for any

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reason, the President of the Republic in office or who assumes the function of Head of State remains in of lice until the proclamation of the election of the President of the Republic.(2) In this case, the Constitutional Council extends the period of organizing the election for a maximum period of sixty (60) days.(3) The organic law will determine the conditions and modes of implementing the present provisions. Article 90(1) The Government in office at the time of the impediment, the death or the resignation of the President of the Republic cannot be resigned or re shuffled until the new President of the Republic comes into office.(2) In the case the Head of Government in office, is candidate for the Presidency of the Republic, he resigns de jure. The function of Head of Government is assumed by a member of the Government appointed by the Head of State.(3) During the periods of forty five (45) days and sixty (60) days provided for by Articles 88 and 89, the provisions in the paragraphs 7 and 8 of Article 77 and the Articles 79, 124, 129, 136, 137, 174, 176, 177 of the Constitution cannot be implemented.(4) During these same periods, the provisions of Articles 91, 93, 94, 95, 97 of the Constitution cannot be implemented unless the Parliament sitting in both cambers convened together gives its approval, the Constitutional Council and the High Security Council referred to before. Article 91(1) In case of urgent necessity, the High Security Council convened, the President of the People's National Assembly, the President of the Council of Nation, the Head of Government and the President of the Republic decrees the state of emergency or the stat of siege, for a definite period and takes all the necessary measures to restore the situation.(2) The duration of the state of emergency or the state of siege cannot be extended unless with the approval of the parliament sitting in both chambers convened together. Article 92The organization of the state of emergency and the sate of siege is defined by an organic law. Article 93(1) When the country is threatened by an impending danger to its institutions, to its independence or to its territorial integrity, the President of the Republic decrees the state of exception.(2) Such a measure is taken after referring to the President of the People's National Assembly, the President of the Council of Nation and the Constitutional Council, and hearing the High Security Council and the Cabinet.(3) The state of exception entitles the President of the Republic to take exceptional measures dictated by the safeguard of the independence of the Nation and the institutions of the Republic.(4) The Parliament meets de jure. The state of exception mentioned above and which led to its proclamation. Article 94The High Security Council heard, the President of the People's National Assembly and the President of the Council of Nation

referred to, the President of the Republic decrees the general mobilization during the meeting of the Cabinet. Article 95(1) The Cabinet met, the High Security Council heard, the President of the People's National Assembly and the President of the Council of Nation referred to, the President of the Republic declares war in case of effective or impending aggression in accordance with the relevant provisions of the United Nations Charter.(2) The parliament meets de jure. The President of the Republic addresses a message informing the Nation. Article 96(1) During the period of the state of war, the Constitution is suspended, the President of the Republic assumes all the powers.(2) When the mandate of the President of the Republic comes to expiry, it is extended de jure until the end of the war.(3) In case the President of the Republic resigns or dies or any other impediment, the President of the Council of Nation assumes, as Head of State and within the same conditions as that of the President of the Republic, all the prerogatives required by the state of war. In case there is a conjunction of the vacancy of the Presidency of the Republic and the Presidency of the Council of Nation, the President of the Constitutional Council assumes, the function of the Head of State within the conditions provided for above. Article 97(1) The President of the Republic signs armistice agreements and peace treaties.(2) He receives the opinion of the Constitutional Council on the relevant agreements. He submits the latter immediately to be approved explicitly by each of the two chambers of the Parliament. Chapter II - The Legislative Power Article 98The legislative power is exercised by a parliament, consisting of two chambers, the People's National Assembly and the Council of Nation. The Parliament is sovereign to elaborate and vote the law. Article 99(1) The parliament controls the action of the Government within the conditions defined by Articles 80, 84, 133 and 134 of the Constitution.(2) The control, provided for in Articles 135 to 137 of the Constitution, is carried out by the People's National Assembly. Article 100The Parliament should, within its constitutional attributions, remain faithful tot he trust of the people and be permanently aware of their aspirations. Article 101(1) The members of the People's National Assembly are elected by means of a universal direct and secret suffrage.(2) Two-thirds (2/3) of the members of the Council of Nation are elected by means of indirect and secret suffrage among

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and by the members of the People's Communal Assemblies and the People's Malaya Assembly.(3) One third (1/3) of the members of the Council of Nation is designated by the President of the Republic among the national personalities and qualified persons in the scientific, cultural, professional, economic and social fields.(4) The number of members of the Council of Nation is equal to the half, to the utmost, of the members of the People's National Assembly.(5) The modes of implementing paragraph 2 above mentioned are defined by the law. Article 102(1) The People's National Assembly is elected for a period of five (05) years.(2) The mandate of the Council of Nation is limited to six (06) years.(3) Half the members of the Council of Nation is renewed every three (03) years.(4) The mandate of the Parliament cannot be extended unless there are very exceptional circumstances which hinder the normal progress of elections. This situation is ascertained by a decision of the Parliament, sitting in both chambers convened together, following a proposal of the President of the Republic and the Constitutional Council referred to. Article 103The modes for the election of deputies and those concerning the election or the appointment of members of the Council of Nation, the conditions of eligibility, the rules of ineligibility and incompatibility are defined by an organic law. Article 104The validation of the mandate of the deputies and that of the members of the Council of Nation comes within the respective competence of each of the two chambers. Article 105The mandate of the deputy and the member of the Council of Nation is national. It can be renewed and not concurrent with other mandate or function. Article 106(1) The deputy or the member of the Council of Nation who does not fulfill or does not fulfill any more the conditions of his eligibility incurs the forfeiture of his mandate.(2) This forfeiture is decided according to the case by the People's National Assembly or the Council of Nation by the majority of their members. Article 107(1) The deputy or the member of the Council of Nation commits himself before his peers who can revoke his mandate if he commits a shameful action for his mission.(2) The internal rules of each of the two chambers define the conditions of excluding a deputy or a member of the Council of Nation. The exclusion is decided according to the case by the People's National Assembly or the Council of Nation, by the majority of its members without prejudice to any other common law lawsuits. Article 108

The conditions by which the Parliament accepts the resignation of one of its members are defined by an organic Article 109(1) Parliamentary immunity is recognized to deputies and members of the Council of Nation during the period of their mandate.(2) They cannot be subject to lawsuits, arrest, or in general, to any civil or penal action or pressure because of opinions they expressed, utterances they maple or votes they gave during the exercise of their mandate. Article 110Lawsuits cannot be instituted against a deputy or a member of the Council of Nation for crime or infringement unless there is an explicit renunciation of the concerned or an authorization according to the case from the People's National Assembly or the Council of Nation which decides by the majority of its members to lift the immunity. Article 111(1) In case of flagrant infringement or flagrant crime, the deputy or the member of the Council of Nation may be arrested. The bureau of the People's National Assembly or of the Council of Nation, depending on the case, is informed immediately.(2) The informed bureau may ask the suspension of lawsuits and the liberation of the deputy or the member of the Council of Nation; it will then be proceeded according to the provisions of Article 110 above mentioned. Article 112An organic law defines the conditions for the replacement of a deputy or a member of the Council of Nation in case there is vacancy of his seat. Article 113(1) The term of the legislative body begins de jure the tenth day following the date of the election of the People's National Assembly, under the chairmanship of the oldest member assisted by the two youngest deputes.(2) The People's National Assembly elects its bureau and forms its committees. The above mentioned provisions are applied to the Council of Nation. Article 114The President of the People's Assembly is elected for the term of the legislative body. The President of the Council of Nation is elected after each partial renewal of the members of the Council. Article 115(1) The organization and the functioning of the People's National Assembly and the Council of Nation as well as the functional relations between the chambers of the Parliament and the Government are defined by an organic law.(2) The budget of the chambers as well as the salaries of the deputies and the members of the Council of Nation are defined by the law.(3) The People's National Assembly and the Council of Nation elaborate and adopt their internal rules. 

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Article 116(1) The sittings of the Parliament are public.(2) The proceedings are recorded in a book and published in accordance with the conditions defined by an organic law.(3) The People's National Assembly and the Council of Nation may sit in camera upon a request made by their presidents, by the majority of their members present or by the Head of Government. Article 117The People's National Assembly and the Council of Nation set up permanent committees in the framework of their internal rules. Article 118(1) The Parliament meets in two ordinary sessions a year, each lasting a minimum period of four (04) months.(2) The Parliament may hold a meeting in an extraordinary session on the initiative of the President of the Republic.(3) The President of the Republic can hold a meeting of the Parliament on a request made by the Head of Government or by the two thirds (2/3) of the members of the People's National Assembly.(4) The closure of the extraordinary session comes after the Parliament has exhausted the agenda for which it was convened. Article 119(1) The Head of Government and the deputies have the right to initiate laws.(2) To be admissible, proposed laws are brought in by twenty (20) deputes.(3) Draft laws are presented in the Cabinet following the opinion of the Council of State then submitted to the bureau of the People's National Assembly by the Head of Government. Article 120(1) To be adopted, any draft law or law proposal should be debated successively by the People's National Assembly and the Council of Nation.(2) The discussion of draft laws or law proposals by the People's National Assembly concerns the text which is presented to it.(3) The Council of Nation deliberates the text voted by the People's National Assembly and adopts it by the majority of three quarters (3/4) of its members.(4) In case there is a disagreement between the two chambers, a committee of equal representation of the two chambers meets on a request of the Head of Government to propose a text on the provisions subject of the disagreement.(5) This text is submitted by the Head of Government to be adopted by the two chambers and cannot be amended unless with the agreement of the Government.(6) In case the disagreement persists, the text is withdrawn.(7) The Parliament adopts the financial law within a period of seventy five-(75) days at the utmost from the date it was submitted in accordance with the preceding paragraphs.(8) In case it was not adopted in the time limit the President of the Republic promulgates the draft text of the Government by ordinance.(9) Other procedures are defined by the organic law mentioned in Article 115 of the Constitution.

 Article 121Is inadmissible any law proposal which leads to or the subject of which is to reduce public resources or increase public expenses unless it is accompanied by measures aiming at increasing the State income or making, at least, corresponding savings in other items of public expenses. Article 122The Parliament legislates in the domains which the Constitution assigned to it, as well as the following domains:1. fundamental rights and duties of the individuals, in particular, the rules of public liberties, the safeguard of individual liberties and the obligations of the citizens;2. general rules concerning personal statute and the family status and, in particular, marriage, divorce, affiliation, capacity and inheritance;3. conditions of individual's establishment;4. basic legislation concerning the Nationality;5. general rules related to the condition of the foreigners;6. rules related to the judiciary organization and to the setting up of jurisdictions;7. general rules of penal law and penal procedures; and in particular, the determination of crimes and infringements, the institution of corresponding punishments of any nature, amnesty, extradition and the penitentiary system;8. general rules of civil procedure and execution means;9. rules of civil, trade and property obligations;10. territorial allotment of the country;11. adopting the national plan;12. voting the State budget;13. setting up tax base and rate, contributions and duties of any nature;14. customs regulations;15. money issuing regulations and bank, credit and insurance rules;16. general rules related to teaching and Scientific Research;17. general rules related to public health and population;18. general rules related to work law, social security and to the exercise of trade union right;19. general rules related to environment, living space and land management;20. general rules related to the protection of the fauna and the flora;21. protection and safeguard of cultural and historic heritage;22. general regulation for forests and grazing lands;23. general regulation for water;24. general regulation for mines and hydrocarbons;25. land regulation;26. the fundamental guaranties granted to civil servants and the general statute of civil service;27. general rules related to National Defense and the use of armed forces by civil authorities;28. rules of property transfer from the public sector to the private sector;29. the creation of types of establishments;30. instituting State medals, distinctions and honorific titles. Article 123(1) In addition to the domains intended to the organic laws by the Constitution, the Parliament legislates through organic laws in the following fields:

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- organization and functioning of public powers;- electoral regulation;- the law pertaining to political parties;- the law related to information;- the statute of magistracy and judiciary organization;- the outline law of financial laws;- the law pertaining to national security.(2) The organic law is adopted by the absolute majority of the deputies and the majority of three quarters (3/4) of the members of the Council of Nation.(3) It is submitted to the Constitutional Council for a conformity control before its promulgation. Article 124(1) The President of the Republic can legislate by ordinance in case there is a vacancy of the People's National Assembly or in the inter-sessions periods of the Parliament.(2) The President of the Republic submits the texts he enacted to be approved by each of the two chambers of the Parliament in its next session.(3) The ordinances not adopted by the Parliament are void.(4) The President of the Republic may legislate by ordinance in case of a state of exception defined by Article 93 of the Constitution.(5) The ordinances are taken in a meeting of the Cabinet. Article 125(1) The President of the Republic exercises the powers pertaining to regulations for matters other than those intended to the law.(2) The implementation of laws is the domain of the Head of Government. Article 126(1) The law is promulgated by the President of the Republic within thirty (30) days from the date of handing it over.(2) However, when the Constitutional Council is called upon by one of the authorities mentioned in Article 166 under-mentioned, before the promulgation of the law, this time limit is suspended until the Constitutional Council expresses its opinion is accordance with the conditions defined by Article 167 under-mentioned. Article 127(1) The President of the Republic may request a second reading of the voted law within thirty (30) days following its adoption.(2) In this case, the majority of two third (2/3) of the deputies of the People's National Assembly is required for the law to be adopted. Article 128The President of the Republic may address a message to the Parliament. Article 129(1) The President of the People's National Assembly, the President of the Council of Nation, the Head of Government, referred to, the President of the Republic may decide the dissolution of the People's National Assembly or the Organization of anticipated general elections.

(2) In the two cases, general elections are held within a maximum time limit of three (03) months. Article 130(1) The Parliament may open a debate on foreign policy upon a request made by the President of the Republic or one of the presidents of the two chambers.(2) The debate may end up, in that case, with a resolution, of the Parliament sitting in both chambers convened together, which will be sent to the President of the Republic. Article 131Armistice agreements, peace, alliance and union treaties, treaties related to State borders as well as treaties involving expenses not provided for in the State budget are ratified by the President of the Republic following an explicit approval by each of the chambers of the Parliament. Article 132Treaties ratified by the President of the Republic in accordance with the conditions provided for by the Constitution are superior to the law. Article 133(1) Members of the Parliament may call upon the Government on a topical issue.(2) The committees of the Parliament may hear the members of Government. Article 134(1) Members of the Parliament may address orally or in a written form any question to any member of the Government.(2) Answers to written questions should be in written form within a maximum time limit of thirty (30) days.(3) Answers to oral questions are given in session.(4) If one of the two chambers considers that oral or written answers of a member of the Government justifies a debate, this latter is opened in accordance with the conditions provided for by the rules of procedure of People's National Assembly and the Council of Nation.(5) The questions and answers are published in accordance with the same conditions as those of the minute of proceedings of the Parliament's debates. Article 135(1) In debating the general policy declaration, the People's National Assembly may sue the Government's responsibility through voting a motion of censure.(2) Such a motion is admissible only if it was signed by, at least, one seventh (1/7) of the number of deputies. Article 136(1) The motion of censure should be approved by the majority of two third (2/3) of the deputies.(2) The vote occurs only three days after the motion of censure is brought in. Article 137If the motion of censure is adopted by the People's National Assembly, the Head of Government submits the resignation of his Government to the President of the Republic. 

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Chapter III - The Judicial Power Article 138The judicial power is independent. It is exercised within the framework of the law. Article 139The judicial power protects the society and the liberties. It guarantees, to all and to everyone, the safeguard of their fundamental rights. Article 140(1) Justice is founded on the principles of lawfulness and equality.(2) It is the same for all, accessible for all and is expressed by the respect of the law. Article 141Justice dispensed on behalf of the People. Article 142Punishments should comply with the principles of lawfulness and individuality. Article 143Justice deals with appeals against and administrative authorities decisions. Article 144Justice decisions are justified and pronounced in public hearing. Article 145All the qualified State bodies should ensure, at any time, in any place and in any circumstances, the execution of justice decisions. Article 146Justice is pronounced by magistrates. They can be assisted by People's assessors in accordance with the conditions defined by the law. Article 147The judge obeys to the law only. Article 148The judge is protected against any foam of pressure, interventions or maneuvers which prejudice his mission or the respect of his free will. Article 149The magistrate is answerable before the High Council of Magistracy and within the foams prescribed by the law on the way he accomplishes his task. Article 150The law protects the justiciable against any abuse or deviation the judge. Article 151(1) The right for defense is recognized.(2) In penal matters, it is guaranteed.

 Article 152(1) The High Court is the regulating body of the activities of the courts and tribunals.(2) A Council of State is instituted as a regulating body of activities of the administrative jurisdictions.(3) The High Court and the Council of State are responsible for the unification of jurisprudence throughout the country and see to the respect of the law.(4) A Tribunal of Conflicts is instituted to settle conflicts of competency between the High Court and the Council of State. Article 153The organization, the functioning and other attributions of the High Court, the Council of State and the Tribunals of Conflicts are defined by an organic law. Article 154The High Council of Magistracy is presided by the President of the Republic. Article 155(1) The High Council of Magistracy decides, within the conditions defined by the law, the appointment, transfer and the progress of the magistrate's careers.(2) It sees to the respect of the provisions provided for the statute of the magistracy and of the control of discipline under the chairmanship of the First President of the High Court. Article 156The High Council of Magistracy gives a prior consultative opinion to the exercise of the right of free pardon by the President of the Republic. Article 157The composition, the functioning and the other prerogatives of the High Council of Magistracy are defined by an organic law. Article 158(1) A High Court of State is instituted to deal with actions that can be qualified of high treason committed by the President of the Republic, with crimes and infringements committed by the Head of Government during their of office.(2) The composition, the organization and the functioning of the High Court of State as well as the procedures of implementation are defined by an organic law. Part Three  Control and Consultative Institutions Chapter I - Control Article 159The elected assemblies assume the function of control within its popular dimension. Article 160(1) The Government presents to each chamber of the Parliament a report on the use of budgetary credits which it voted for each financial year.(2) The financial year is close as far as it concerns the Parliament by a vote, by each of the chambers, of the financial year in question.

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 Article 161(1) Each of the two chambers of the Parliament may, within the framework of its prerogatives, institute at any time committees investigating affairs of general interest Article 162.(2) The control institutions and bodies are in charge of checking the conformity of the legislative and executive action with the Constitution and to verify the conditions of use and management of material means and public funds. Article 163A Constitutional Council is institute to see to the respect of the Constitution. The Constitutional Council sees also to the due form of referendum operations, the election of the President of the Republic and the legislative elections. It proclaims the results of these operations. Article 164The Constitutional Council is composed of nine (09) members: three (03) appointed by the President of the Republic among whom is the President, two (02) elected by the People's National Assembly, two (02) elected by the Council of Nation, one (01) elected by the Supreme court of Nation, one (01) elected by the Council of state. Once elected or appointed, the members of the Constitutional Council cease any other mandate, function, responsibility or mission. The President of the Republic appoints the President of the Constitutional Council for a single mandate of six (06) years. The other members of the Constitutional Council fill a unique mandate of six (06) years and are renewed by half every three (03) years. Article 165(1) In addition to the prerogatives explicitly bestowed upon it by other provisions of the Constitution, the Constitutional Council pronounces on the constitutionality of treaties, laws and regulations, either through an opinion if these are not enforced or, otherwise, through a decision.(2) The Constitutional Council, called upon by the President of the Republic, expresses a compulsory opinion on the constitutionality of the organic laws following their adoption by the Parliament.(3) The Constitutional Council also pronounces on the conformity of the rules of procedures of each of the two chambers of the Parliament with the Constitution accordance with the provisions of the above mentions paragraph. Article 166The Constitutional Council is called upon by the President of the Republic, the President of the People's National Assembly or by the President of the Council of Nation. Article 167(1) The Constitutional Council deliberates in camera; its opinion or its decision are given within twenty (20) days following the date it was referred to.(2) The Constitutional Council defines the rules of its functioning. Article 168

When the Constitutional Council considers that a treaty, an agreement or a convention is not constitutional, its ratification cannot take place. Article 169When the Constitutional Council considers that a legislative or regulatory provision is not constitutional, this latter loses its effect from the date the decision is taken by the Council. Article 170(1) An Audit Office is instituted with the task of controlling a posteriori the finances of the State, the territorial collectivities and public services.(2) The Audit Office establishes a yearly report which is addressed to the President of the Republic.(3) The law defines the prerogatives, the organization and the functioning of the Audit Office as well as the sanctions of its investigations . Chapter II - Consultative Institutions Article 171A High Islamic Council is instituted to the President of the Republic and is trusted, in particular, with:- encouraging and promoting "Ijtihad";- expressing its views in comparison with religious precepts on matters submitted to it;- presenting a periodic report of activity to the President of the Republic. Article 172The High Islamic Council is composed of fifteen (15) members, including a president appointed by the President of the Republic among national personalities highly qualified in various fields of science. Article 173(1) A High Security Council presided by the President of the Republic is instituted. Its task is to express views on all the issues related to national security.(2) The President of the Republic defines the modes of organization and functioning of the High Security Council. Part Four  Constitution Revision Article 174(1) Constitutional revision is decided on the initiative of the President of the Republic. It is voted, in the same manner, in accordance with the same conditions applied to a legislative text by the People's National Assembly and the Council of Nation.(2) It is submitted to a referendum to be approved by the People within fifty (SO) days following its adoption.(3) The Constitutional revision, approved by the People is promulgated by the President of the Republic. Article 175(1) The law pertaining to the draft constitutional revision not approved by the People is void.(2) It cannot be submitted again to the People during the same legislature. 

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Article 176When the Constitutional Council considers that the draft constitutional revision does not infringe, at all, upon the general principles governing the Algerian society, the human and citizen's rights and liberties, or does not affect, in any way, the fundamental balance of powers and of institutions, the President of the Republic may promulgate, directly, the law pertaining to constitutional revision without submitting it to People's referendum if it obtains the voices of three quarters (3/4) of the members of the two chambers of the Parliament. Article 177The three quarters (3/4) of the members of the two chambers of the Parliament meeting together can propose a constitutional revision and present it to the President of the Republic who can submit it to a referendum.If approved, it is promulgated. Article 178Any constitutional revision cannot infringe on:1. the republican nature of the State;2. the democratic order based on multi-party system;3. Islam as the religion of the State;4. arabic as the national and official language;5. fundamental liberties, and citizen's rights;6. integrity of the national territory.[Part Five] - Transitional Provisions Article 179The legislative body in office at the date of the promulgation of the present Constitution and up to the end of its mandate, the President of the Republic at the end of the legislative body's mandate and up to the election of the People's National Assembly, legislate through ordinances including the domains pertaining to organic laws. Article 180Awaiting the setting up of the institutions provided for in the present Constitution:- the laws in force pertaining to the organic domain remain applicable up to their replacement or modification in accordance with the procedures provided for by the Constitution;- the Constitutional Council, with its present representation, assumes the prerogatives bestowed upon it by the present Constitution up to the time of setting up institutions represented in its midst. Any modification or addition should be subject to Article 164 (paragraph 3) of the present Constitution, resorting, if necessary, to drawing lots;- the elected People's National Assembly will assume full legislative power until the Council of Nation is set up; However the President of the Republic may delay the promulgation of the laws adopted by the deputies until their adoption by the Council of Nation. Article 181The renewal of half (1/2) the members of the Council of Nation during the first mandate is carried out at the end of the third year by drawing lots. Members of the Council of Nation are replaced by drawing lots in the same conditions and following the same procedure of their election or appointment. However, drawing lots does not concern the President of the

Council of Nation who assumes the first mandate of six (06) years. Article 182The President of the Republic promulgates the constitutional revision text approved by the people and which will be carried out as the fundamental law of the Republic.

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Bahrain Constitution

{ Adopted on: 14 Feb 2002 }{ ICL Document Status: 14 Feb 2002 }{ Official Title: Constitution of the Kingdom of Bahrain }

{ Editor's Note:The ICL edition is based on an official translation provided to the public by the Bahrain Government.  We have kept the alphabetical paragraph numbering, but added numerical paragraph numbers in round brackets where necessary.  We also added article titles for better identification of the sections in the table of contents. }

 [Preamble] Foreword to the ConstitutionIn the name of God on high, and with His blessing, and with His help, we Hamad bin Isa Al Khalifa, Sovereign of the Kingdom of Bahrain, in line with our determination, certainty, faith, and awareness of our national, pan-Arab and international responsibilities; and in acknowledgment of our obligations to God, our obligations to the homeland and the citizens, and our commitment to fundamental principles and our responsibility to Mankind,And in implementation of the popular will expressed in the principles enshrined in the National Action Charter; pursuant to the authority entrusted to us by our great people to amend the Constitution; out of our desire to complete the requirements of the democratic system of government for our beloved nation; striving for a better future in which the homeland and the citizen will enjoy greater welfare, progress, development, stability and prosperity through earnest and constructive cooperation between government and citizens which will remove the obstacles to progress; and out of a conviction that the future and working for the future is what all of us seek in the coming stage; and in view of our belief that such an objective requires the exertion of efforts; and in order to complete the march, we have amended the existing Constitution.This amendment has taken account of all the lofty values and the great human principles enshrined in the National Action Charter. These values and principles confirm that the people of Bahrain surge ahead in their triumphant march towards a bright future, God willing, a future in which the efforts of all parties and individuals unite, and the authorities in their new garb devote themselves to achieve the hopes and aspirations under his tolerant rule, declaring their adherence to Islam as a faith, a code of laws and a way of life, with their affiliation to the great Arab nation, and their association with the Gulf Cooperation Council now and in the future, and their striving for everything that will achieve justice, good and peace for the whole of Mankind.The amendments to the Constitution proceed from the premise that the noble people of Bahrain believe that Islam brings salvation in this world and the next, and that Islam means neither inertness nor fanaticism but explicitly states that

wisdom is the goal of the believer wherever he finds it he should take it, and that the Qur'an has been remiss in nothing.In order to achieve this goal, it is essential that we listen and look to the whole of the human heritage in both East and West, adopting that which we consider to be beneficial and suitable and consistent with our religion, values and traditions and is appropriate to our circumstances, in the conviction that social and human systems are not inflexible tools and instruments which can be moved unchanged from place to place, but are messages conveyed to the mind, spirit and conscience of Man and are influenced by his reactions and the circumstances of his society.Thus these constitutional amendments are representative of the advanced cultural thought of our beloved nation. They base our political system on a constitutional monarchy founded on counsel [shura], which in Islam is the highest model for governance, and on the people's participation in the exercise of power, which is the foundation of modern political thought. The Ruler, with his perspicacity, chooses certain experienced people to constitute the Consultative Council (Majlis al-Shura), and the aware, free and loyal people choose through elections those who make up the Chamber of Deputies (Majlis al-Nuwwab), and thus the two chambers together achieve the popular will represented by the National Assembly (Al-Majlis al-Watani).These constitutional amendments undoubtedly reflect the joint will of the King and the people, and achieve for everyone the lofty ideals and the great humanitarian principles contained in the National Action Charter, and ensure that the people will advance to the high position for which their ability and preparedness qualify them, and which accords with the greatness of their history, and allows them to occupy their appropriate place among the civilised nations of the world.This constitution that we have promulgated contains the amendments that have been carried out in accordance with the provisions of the National Action Charter and that complement all the unamended texts.We have attached an explanation memorandum which will be used to explain its judgement. Chapter I The State Article 1  [Sovereignty, Constitutional Monarchy]a. The Kingdom of Bahrain is a fully sovereign, independent Islamic Arab State whose population is part of the Arab nation and whose territory is part of the great Arab homeland. Its sovereignty may not be assigned or any of its territory abandoned.b. The regime of the Kingdom of Bahrain is that of a hereditary constitutional monarchy, which has been handed down by the late Sheikh Isa bin Salman Al Khalifa to his eldest son Sheikh Hamad bin Isa Al Khalifa, the King. Thenceforward it will pass to his eldest son, one generation after another, unless the King in his lifetime appoints a son other than his eldest son as successor, in accordance with the provisions of the Decree on inheritance stated in the following clause.c. All provisions governing inheritance are regulated by a special Royal Decree that will have a constitutional character, and which can only be amended under the provisions of Article 120 of the Constitution.

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d. The system of government in the Kingdom of Bahrain is democratic, sovereignty being in the hands of the people, the source of all powers. Sovereignty shall be exercised in the manner stated in this Constitution.e. Citizens, both men and women, are entitled to participate in public affairs and may enjoy political rights, including the right to vote and to stand for elections, in accordance with this Constitution and the conditions and principles laid down by law. No citizen can be deprived of the right to vote or to nominate oneself for elections except by law.f. This Constitution may be amended only partly, and in the manner provided herein. Article 2  [State Religion, Shari'a, Official Language]The religion of the State is Islam. The Islamic Shari'a is a principal source for legislation. The official language is Arabic. Article 3  [Flag]The State flag, emblem, logos, honours and national anthem are laid down by law. Chapter II Basic Constituents of Society Article 4  [State Principles]Justice is the basis of government. Cooperation and mutual respect provide a firm bond between citizens. Freedom, equality, security, trust, knowledge, social solidarity and equality of opportunity for citizens are pillars of society guaranteed by the State. Article 5  [Family]a. The family is the basis of society, deriving its strength from religion, morality and love of the homeland. The law preserves its lawful entity, strengthens its bonds and values, under its aegis extends protection to mothers and children, tends the young and protects them from exploitation and safeguards them against moral, bodily and spiritual neglect. The State cares in particular for the physical, moral and intellectual development of the young.b. The State guarantees reconciling the duties of women towards the family with their work in society, and their equality with men in political, social, cultural, and economic spheres without breaching the provisions of Islamic canon law (Shari'a).c. The State guarantees the requisite social security for its citizens in old age, sickness, disability, orphanhood, widowhood or unemployment, and also provides them with social insurance and healthcare services. It strives to safeguard them against ignorance, fear and poverty.d. Inheritance is a guaranteed right governed by the Islamic Shari'a. Article 6  [Arab and Islamic Heritage]The State safeguards the Arab and Islamic heritage. It contributes to the advancement of human civilization and strives to strengthen the bonds between the Islamic countries, and to achieve the aspirations of the Arab nation for unity and progress. Article 7  [Education]

a. The State sponsors the sciences, humanities and the arts, and encourages scientific research. The State also guarantees educational and cultural services to its citizens. Education is compulsory and free in the early stages as specified and provided by law. The necessary plan to combat illiteracy is laid down by law.b. The law regulates care for religious and national instruction in the various stages and forms of education, and at all stages is concerned to develop the citizen's personality and his pride in his Arabism.c. Individuals and bodies may establish private schools and universities under the supervision of the State and in accordance with the law.d. The State guarantees the inviolability of the places of learning. Article 8  [Health Care]a. Every citizen is entitled to health care.  The State cares for public health and the State ensures the means of prevention and treatment by establishing a variety of hospitals and healthcare institutions.b. Individuals and bodies may establish private hospitals, clinics or treatment centres under the supervision of the State and in accordance with the law. Article 9  [Property]a. Ownership, capital and work -- in accordance with the principles of Islamic justice -- are basic constituents of the social entity of the State and the national wealth, and are all individual rights with a social function regulated by law.b. Public funds are inviolate, and it is the duty of every citizen to protect them.c. Private ownership is protected. No one shall be prevented from disposing of his property within the limits of the law. No one shall be dispossessed of his property except for the public good in the cases specified and the manner stated by law and provided that he is fairly compensated.d. Public expropriation of funds is prohibited, and private expropriation shall be a penalty only by judicial ruling in the cases prescribed by law.e. The relationship between the owners of land and real estate and their tenants shall be regulated by law on economic principles while observing social justice.f. The State shall endeavour to provide housing for citizens with limited income.g. The State shall make the necessary arrangements to ensure the exploitation of land suitable for productive farming, and shall strive to raise the standards of farmers. The law lays down how small farmers are to be helped and how they can own their land.h. The State shall take the necessary measures for the protection of the environment and the conservation of wildlife. Article 10  [Economy]a. The national economy is based on social justice, and it is strengthened by fair cooperation between public and private business. Its objective, within the limits of the law, is economic development according to a well-ordered plan and achievement of prosperity for the citizens, all within the bounds of the law.b. The State endeavours to achieve the economic union of the Gulf Cooperation Council states and the states of the Arab

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League, and everything that leads to rapprochement, cooperation, coordination and mutual assistance among them. Article 11  [Natural Resources]All natural wealth and resources are State property. The State shall safeguard them and exploit them properly, while observing the requirements of the security of the State and of the national economy. Article 12  [Compensation]The State guarantees the common liability of society in bearing the burdens arising from public disasters and ordeals, and for compensating those affected by war damage or as a result of performing their military duties. Article 13  [Work]a. Work is the duty of every citizen, is required by personal dignity and is dictated by the public good. Every citizen has the right to work and to choose the type of work within the bounds of public order and decency.b. The State guarantees the provision of job opportunities for its citizens and the fairness of work conditions.c. Compulsory work cannot be imposed on any person except in the cases specified by law for national exigency and for a fair consideration, or pursuant to a judicial ruling.d. The law regulates the relationship between employees and employers on economic basis while observing social justice. Article 14  [Savings, Credit]The State encourages cooperation and saving, and supervises the regulation of credit. Article 15  [Taxes]a. Taxes and public costs are based on social justice, and their payment is a duty under the law.b. The law regulates exemption of low incomes from taxes in order to ensure that a minimum standard of living is safeguarded. Article 16  [Public Jobs]a. Public jobs are a national service entrusted to their incumbents, and State employees shall have the public interest in mind when performing their jobs. Foreigners shall not be entrusted with public posts except in those cases specified by law.b. Citizens are equal in the assumption of public posts in accordance with the conditions specified by law. Chapter III Public Rights and Duties Article 17  [Citizenship]a. Bahraini nationality shall be determined by law. A person inherently enjoying his Bahraini nationality cannot be stripped of his nationality except in case of treason, and such other cases as prescribed by law.b. It is prohibited to banish a citizen from Bahrain or prevent him from returning to it. Article 18  [Human Dignity, Equality]People are equal in human dignity, and citizens are equal before the law in public rights and duties. There shall be no

discrimination among them on the basis of sex, origin, language, religion or creed. Article 19  [Personal Freedom]a. Personal freedom is guaranteed under the law.b. A person cannot be arrested, detained , imprisoned or searched, or his place of residence specified or his freedom of residence or movement restricted, except under the provisions of the law and under judicial supervision.c. A person cannot be detained or imprisoned in  locations other than those designated in the prison regulations covered by health and social care and subject to control by the judicial authority.d. No person shall be subjected to physical or mental torture, or inducement, or undignified treatment, and the penalty for so doing shall be specified by law. Any statement or confession proved to have been made under torture, inducement, or such treatment, or the threat thereof, shall be null and void. Article 20  [Criminal Trials]a. There shall be no crime and no punishment except under a law, and punishment only for acts committed subsequent to the effective date of the law providing for the same.b. Punishment is personal.c. An accused person is innocent until proved guilty in a legal trial in which he is assured of the necessary guarantees to exercise the right of defence at all stages of the investigation and trial in accordance with the law.d. It is forbidden to harm an accused person physically or mentally.e. Every person accused of an offence must have a lawyer to defend him with his consent.f. The right to litigate is guaranteed under the law. Article 21  [Asylum]The extradition of political refugees is prohibited. Article 22  [Conscience, Religion]Freedom of conscience is absolute. The State guarantees the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings in accordance with the customs observed in the country. Article 23  [Expression]Freedom of opinion and scientific research is guaranteed. Everyone has the right to express his opinion and publish it by word of mouth, in writing or otherwise under the rules and conditions laid down by law, provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is not prejudiced, and discord or sectarianism is not aroused. Article 24  [Press]With due regard for the provisions of the preceding Article, the freedom of the press, printing and publishing is guaranteed under the rules and conditions laid down by law. Article 25  [Home]Dwellings are inviolate. They cannot be entered or searched without the permission of their occupants exception in cases of maximum necessity as laid down and in the manner provided by law.

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 Article 26  [Communication]The freedom of postal, telegraphic, telephonic and electronic communication is safeguarded and its confidentiality is guaranteed. Communications shall not be censored or their confidentiality breached except in exigencies specified by law and in accordance with procedures and under guarantees prescribed by law. Article 27  [Associations, Trade Unions]The freedom to form associations and unions on national principles, for lawful objectives and by peaceful means is guaranteed under the rules and conditions laid down by law, provided that the fundamentals of the religion and public order are not infringed. No one can be forced to join any association or union or to continue as a member. Article 28  [Assembly]a. Individuals are entitled to assemble privately without a need for permission or prior notice, and no member of the security forces may attend their private meetings.b. Public meetings, parades and assemblies are permitted under the rules and conditions laid down by law, but the purposes and means of the meeting must be peaceful and must not be prejudicial to public decency. Article 29  [Petition]Any individual may address the public authorities in writing over his signature. Group approaches to the authorities may only be made by statutory bodies and corporate persons. Article 30  [Military Service]a. Peace is the objective of the State. The safety of the nation is part of the safety of the Arab homeland as a whole, and its defence is a sacred duty of every citizen. Performance of military service is an honour for citizens and is regulated by law.b. Only the State may establish the Defence Force, National Guard, and Public Security services. Non-citizens are assigned such tasks only in case of maximum necessity and in the manner prescribed byc. General or partial mobilisation shall be regulated by law. Article 31  [Restrictions]The public rights and freedoms stated in this Constitution may only be regulated or limited by or in accordance with the law, and such regulation or limitation may not prejudice the essence of the right or freedom. Chapter IV Public Authorities General Provisions [Section 0 General Provision] Article 32  [Separation of Powers]a. The system of government rests on a separation of the legislative, executive and judicial authorities while maintaining cooperation between them in accordance with the provisions of this Constitution. None of the three authorities may assign all or part of its powers stated in this Constitution. However, limited legislative delegation for a particular period and specific subject(s) is permissible, whereupon the powers

shall be exercised in accordance with the provisions of the Delegation Law.b. Legislative authority is vested in the King and the National Assembly in accordance with the Constitution. Executive authority is vested in the King together with the Council of Ministers and Ministers, and judicial rulings are issued in his name, the whole being in accordance with the provisions of the Constitution. Section 1 The King Article 33  [Head of State, Powers]a. The King is Head of State, and its nominal representative, and his person is inviolate. He is the loyal protector of the religion and the homeland, and the symbol of national unity.b. The King safeguards the legitimacy of the government and the supremacy of the constitution and the law, and cares for the rights and freedoms of individuals and organisations.c. The King exercises his powers directly and through his Ministers. Ministers are jointly answerable to him for general government policy, and each Minister is answerable for the business of his Ministry.d. The King appoints and dismisses the Prime Minister by Royal Order, and appoints and dismisses Ministers by Royal Decree as proposed by the Prime Minister.e. The Cabinet shall be re-formed as aforesaid in this article at the start of each legislative season of the National Assembly.f. The King appoints and dismisses members of the Consultative Council by Royal Order.g. The King is the Supreme Commander of the Defence Force. He commands it and charges it with national tasks within the homeland and outside it. The Defence Force is directly linked to the King, and maintains the necessary secrecy in its affairs.h. The King chairs the Higher Judicial Council. The King appoints judges by Royal Orders, as proposed by the Higher Judicial Council.i. The King awards honours and decorations in accordance with the law.j. The King establishes, grants and withdraws civilian and military ranks and other honourary titles by Royal Order, and can delegate others to carry out these functions on his behalf.k. The currency is issued in the name of the King in accordance with the law.1. On ascending the throne, the King  takes the following oath at a special meeting of the National Assembly:"I swear by Almighty God that I shall respect the Constitution and the laws of the State, that I shall defend the freedoms, interests and assets of the people, and that I shall safeguard the independence of the nation and the integrity of its territories."m. The Royal Court is attached to the King.  A Royal Order shall be issued to regulate it. Its budget and the rules for the budget's control are set by a special Royal Decree. Article 34  [Deputy Head of State]a. In the event of his absence abroad and the inability of the Crown Prince to act for him, the King shall appoint a Deputy by Royal Order to exercise his powers during his period of absence. This Order may include a special regulation for the exercise of these powers on his behalf or may limit their scope.

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b. The conditions and provisions of Clause (b) of Article 48 of this Constitution shall apply to the King's Deputy. If he is a Minister or a member of the Consultative Council or the Chamber of Deputies, he shall not participate in ministerial or parliamentary business during the period he deputises for the King.c. Before exercising his powers, the King's Deputy shall take the oath prescribed in the preceding Article, including the phrase : "and I shall be loyal to the King".  The oath shall be taken in the National Assembly if in session, and if not it shall be taken before the King. The Crown Prince shall take this oath once, even if he deputises for the King a number of times. Article 35  [Legislative Powers]a. The King may amend the Constitution, propose laws, and is the authority for their ratification and promulgation.b. A law shall be deemed ratified and the King shall promulgate it if six months have elapsed from the date on which it was submitted to him by the Consultative Council and Chamber of Deputies without it being returned to these Chambers for reconsideration.c. With due regard for the provisions pertaining to amendment of the Constitution, if within the interval prescribed in the preceding clause the King returns to the Consultative Council and the Chamber of Deputies for reconsideration the draft of any law by way of a Decree in justification, he shall state whether it should be reconsidered in that same session or the next.d. If the Consultative Council and the Chamber of Deputies, or the National Assembly, re-approve the draft by a majority of two-thirds of their members, the King shall ratify it, and shall promulgate it within one month of its approval for the second time. Article 36  [Declaration of War]a. Aggressive war is forbidden. A defensive war is declared by a Decree which shall be presented to the National Assembly immediately upon its declaration, for a decision on the conduct of the war.b. A state of national safety or martial law shall be proclaimed only by Decree. In all cases, martial law cannot be proclaimed for a period exceeding three months. This period may not be renewed except with the consent of the majority of the members of the National Assembly present. Article 37  [Treaties](1) The King shall conclude treaties by Decree, and shall communicate them to the Consultative Council and the Chamber of Deputies forthwith accompanied by the appropriate statement. A treaty shall have the force of law once it has been concluded and ratified and published in the Official Gazette.(2) However, peace treaties and treaties of alliance, treaties relating to State territory, natural resources, rights of sovereignty, the public and private rights of citizens, treaties pertaining to commerce, shipping and residence, and treaties which involve the State Exchequer in non-budget expenditure or which entail amendment of the laws of Bahrain, must be promulgated by law to be valid.(3) Under no circumstances may a treaty include secret clauses which conflict with those openly declared. 

Article 38  [Decrees](1) If between the convening of both the Consultative Council and the Chamber of Deputies sessions, or during the period in which the National Assembly is in recess, any event should occur that requires expediting the adoption of measures that brook no delay, the King may issue relevant Decrees that have the force of law, provided they do not contravene the Constitution.(2) Such Decrees must be referred to both the Consultative Council and the Chamber of Deputies within one month from their promulgation if the two chambers are in session, or within a month of the first meeting of each of the two new chambers in the event of dissolution or if the legislative term had ended. If the Decrees are not so referred, their legal force shall abate retrospectively without a need to issue a relevant ruling. If they are referred to the two chambers but are not confirmed by them their legal force shall also abate retrospectively. Article 39  [Administrative Decrees]a. The King shall lay down the regulations for implementation of the laws, by Decrees which shall not include amendment or suspension of those laws or exemption from their implementation. The law may prescribe a lower instrument than a Decree for promulgation of the regulations necessary for their implementation.b. The King shall lay down the control regulations and the regulations necessary for the organization of public directorates and departments, by Decrees in a manner which does not conflict with the laws. Article 40  [Officers]The King shall appoint and dismiss civil servants, military personnel, and political representatives in foreign States and with international organizations, within the bounds and on the conditions prescribed by law, and shall accredit the representatives of foreign States and organizations. Article 41  [Pardon, Amnesty]The King may abate or commute a sentence by Decree. A total amnesty may be granted only by law, and shall apply to offences committed before the amnesty was proposed. Article 42  [Electoral Orders]a. The King shall issue the Orders for elections to the Chamber of Deputies in accordance with the provisions of the law.b. The King shall invite the National Assembly to convene by Royal Order, and shall open its proceedings and bring them to a close in accordance with the provisions of the Constitution.c. The King is entitled to dissolve the Chamber of Deputies by a Decree that states the reasons for the dissolution. The Chamber cannot be dissolved for the same reasons once again. Article 43  [Popular Referendum]The King may conduct a popular referendum on important laws and issues connected with the interests of the State. The issue on which the referendum has been held is considered to have been agreed upon if approved by a majority of those who cast their votes. The result of the referendum shall be binding on all and effective from the date it is declared, and it shall be published in the Official Gazette.

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 Section 2 The Executive Authority Article 44  [Composition]The Council of Ministers shall consist of the Prime Minister and a number of Ministers. Article 45  [Eligibility]a. The incumbent of a Ministry must be a Bahraini, aged not less than 30 years by the Gregorian Calendar and must enjoy full political and civil rights. Unless otherwise provided, the provisions pertaining to Ministers apply also to the Prime Minister.b. The salaries of the Prime Minister and Ministers shall be laid down by law. Article 46  [Oath of Office]Before exercising their powers, the Prime Minister and Ministers shall take the oath prescribed in Article 78 of this Constitution before the King. Article 47  [Powers]a. The Council of Ministers shall oversee State interests, lay down and follow through the implementation of general government policy, and supervise the course of business in the Government apparatus.b. The King shall chair those meetings of the Council of Ministers which he attends.c. The Prime Minister shall supervise performance of the tasks of the Council of Ministers and the course of its business, implement its decisions and coordinate between the various Ministries and integrate their business.d. Relinquishment by the Prime Minister of his position for any reason shall entail removal of all Ministers from their posts.e. The deliberations of the Council of Ministers shall be confidential. Its decisions shall be adopted when a majority of its members attend and there is a majority of those attending in favour. In the event of a tied vote, the side on which the Prime Minister's vote is cast shall prevail. The minority shall abide by the opinion of the majority unless they resign. Council decisions shall be submitted to the King for approval in cases where issue of a relevant Decree is required. Article 48  [Departments, Incompatibilities]a. Each minister shall supervise the affairs of his Ministry and implement the general government policy in that Ministry. He shall also decide the orientation of the Ministry and supervise the putting of it into practice.b. While in charge of his Ministry, a Minister may not assume any other public office, nor may he even indirectly practise a profession or conduct industrial, commercial or financial business, nor may he participate in contracts concluded by the Government or public institutions, or combine his ministerial position with the membership of the board of directors of any company except as a non-remunerated Government representative. Also during this period the Minister may not purchase or rent a State asset even by way of public auction, nor may he lease, sell, or barter any of his assets to the State. Article 49  [Succession]

If the Prime Minister or the Minister relinquishes his position for any reason, he shall continue to discharge urgent business of his function until a successor is appointed. Article 50  [Supervision of Self-Government]a. The law shall regulate public institutions and municipal departmental bodies so as to ensure their independence under State direction and supervision. The law shall ensure the municipal departmental bodies can administer and oversee the services that have a local character and are within their area.b. The State shall direct public welfare institutions for the public good in a manner consistent with general State policy and the interest of its citizens. Section 3  The Legislative Authority National Assembly [Part 0 General Provision] Article 51  [Chambers]The National Assembly consists of two Chambers: the Consultative Council and the Chamber of Deputies. Part 1 The Consultative Council Article 52  [Composition]The Consultative Council is composed of forty members appointed by Royal Order. Article 53  [Eligibility]A member of the Consultative Council must be a Bahraini, enjoy full political and civil rights, be on an electoral list, must not be less than a full thirty five years of age by the Gregorian Calendar on the day of appointment, and must be experienced or have rendered distinguished services to the Nation. Article 54  [Term]a. The term of membership of the Consultative Council is four years, and members may be reappointed when their term has expired.b. If for any reason the place of a member of the Consultative Council becomes vacant before his term is due to expire, the King shall appoint a replacement to serve until the end of the term of his predecessor.c. Any member of the Consultative Council may ask to be exempted from membership of the Council by applying to the President of the Council, and the President is to submit the request to the King. Membership shall not terminate until the date on which the King accedes to the request.d. The King shall appoint the President of the Consultative Council for the same period as the Council, and the Council shall elect two Vice-Presidents for each convening period. Article 55  [Sessions]a. The Consultative Council shall meet when the Chamber of Deputies meets, and the convening period for both Chambers shall be the same.b. If the Chamber of Deputies is dissolved, sessions of the Consultative Council shall be halted. Part 2 The Chamber of Deputies Article 56  [Composition]

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The Chamber of Deputies comprises forty members elected by direct, secret general ballot in accordance with the provisions of the law. Article 57  [Eligibility]A member of the Chamber of Deputies must meet the following requirements:a. He must be a Bahraini enjoying his full civil and political rights, and his name must be on an electoral list.b. On the day of his election he must be not less than thirty years of age by the Gregorian Calendar.c. He must read and write Arabic fluently.d. His membership of the Consultative Council or the Chamber of Deputies must not have been abrogated by decision of the Chamber to which he belonged due to loss of confidence and esteem or for being in breach of duties of membership. However, a person whose membership has been abrogated may put himself forward as a candidate if the legislative season during which the decision to abrogate his membership was taken has elapsed, or if the chamber of which he was a member adopts a decision to cancel the impediment to candidature entailed by abrogation of membership upon expiry of the convening period during which the decision to abrogate his membership was taken. Article 58  [Term](1) The term of the Chamber of Deputies is four years by the Gregorian Calendar from the date of its first session. Elections for a new Chamber of Deputies shall be held during the last four months of that term, while observing the provisions of Article 64 of the Constitution. A person whose period of membership has ended may be re-elected.(2) The King may, when necessary, extend the legislative season of the Chamber of Deputies by Royal Order for a period not exceeding two years. Article 59  [Vacancies](1) If for any reason the place of a member of the Chamber of Deputies becomes vacant before his term is due to expire, his replacement shall be elected within two months from the date of announcement of the vacancy by the Chamber, and the new member shall serve until the end of term of his predecessor.(2) If the vacancy occurs within the six months that precede the end of the legislative season of the Chamber, there shall be no election of a replacement member. Article 60  [Presidency](1) At its first session the Chamber of Deputies shall choose from among its members a President and two Vice Presidents for the same duration as the Chamber's term. If the place of any of them falls vacant, the Chamber shall choose a replacement to serve out his term.(2) In all cases election shall be by an absolute majority of those present. If there is no such majority on the first ballot, the election shall be conducted again between the two who secured the most votes. If a third party tied with the second of the two, he shall participate with them both in the election in the second ballot, and in this case the election shall be by proportional majority. If this proportional majority results in a tie, the Chamber shall choose by lot.

(3) The first session shall be chaired by the eldest member until such time as a President of the Chamber of Deputies is elected. Article 61  [Committees]The Chamber shall form the committees necessary for its business during the first week of its annual assembly. These committees may exercise their powers while the chamber is in recess. Article 62  [Electoral Jurisdiction]The Court of Cassation shall have jurisdiction to rule on challenges relating to elections to the Chamber of Deputies, in accordance with the relevant law. Article 63  [Resignation]The Chamber of Deputies is the authority competent to accept a resignation from its membership. The resignation shall be deemed final only from when the Chamber decides to accept it, and the place shall become vacant from the date ofthat acceptance. Article 64  [Dissolution]a. If the Chamber of Deputies is dissolved, elections for a new Chamber of Deputies must be held not later than four months from the date of dissolution. If elections are not held during that period the dissolved Chamber of Deputies shall regain its full constitutional powers, and meets immediately as though the dissolution never occurred, and shall continue its business until a new Chamber is elected.b. Notwithstanding the preceding clause, the King may defer election of the Chamber of Deputies if there are compelling circumstances whereby the Council of Ministers considers holding elections is not possible.c. If the compelling circumstances mentioned in the preceding clause continue, the King, taking the opinion of the Council of Ministers, may restore the dissolved Chamber of Deputies and invite it to convene. This Chamber of Deputies shall be regarded as extant from the date of promulgation of the Royal Decree restoring it. It shall exercise its full constitutional powers. The provisions of this Constitution shall apply to it including those pertaining to completion of the Chamber's term and dissolution. The session the Chamber holds in such a case shall be regarded as its first session irrespective of the date of its commencement. Article 65  [Interpellation](1) Upon an application signed by at least five members of the Chamber of Deputies, any Minister may be questioned on matters coming within his sphere of competence.(2) The question must not pertain to a private interest of the questioner or his relatives to the fourth degree, or be made by his proxy.(3) The question shall not be debated until at least eight days after the day on which the question was posed, unless the Minister agrees to bring the debate forward.(4) The question may lead to the matter of confidence in the Minister being put to the Chamber of Deputies under the provisions of Article 66 of this Constitution. Article 66  [Responsibility, Vote of No-Confidence]

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a. Each Minister shall be responsible to the Chamber of Deputies for the business of his Ministry.b. A question of confidence in a Minister may be put forward only at his own wish or upon an application signed by at least ten members of the Chamber of Deputies following the debate of the question put to him, and the Chamber may not give its decision on the application until seven days after its submission.c. If the Chamber of Deputies decides by a majority of two-thirds of its members to give a vote of no-confidence in a Minister, he shall be regarded as having withdrawn from the Ministry from the date of the no-confidence vote, and he shall submit his resignation forthwith. Article 67  [Limitations]a. The subject of confidence in the Prime Minister shall not be raised in the Chamber of Deputies.b. If, two-thirds of members of the Chamber of Deputies consider it not possible to cooperate with the Prime Minister, the matter will be referred to the National Assembly to consider it.c. The National Assembly cannot issue its decision on the lack of possibility of cooperating with the Prime Minister prior to seven days from the date the matter was referred to it.d. If the National Assembly decides by a majority of two thirds of its members that it is not possible to cooperate with the Prime Minister, the matter is submitted to the King for a decision, either by relieving the Prime Minister of his post and appointing a new Government, or by dissolving the Chamber of Deputies. Article 68  [Wishes]The Chamber of Deputies may express its wishes in writing to the Government on public matters. If the Government finds itself unable to meet these wishes, it must give its reasons in writing to the Chamber. Article 69  [Commissions of Inquiry](1) The Chamber of Deputies may at any time form commissions of inquiry or delegate one or more of its members to investigate any matter coming within the powers of the Chamber stated in the Constitution, and the commission or member is to present the findings of the inquiry not later than four months from the date of commencement of the inquiry.(2) Ministers and all State employees are to provide such testimony, documents and statements as are asked of them. Part 3 Provisions Common to Both Chambers Article 70  [Legislation]No law shall be promulgated unless approved by both the Consultative Council and the Chamber of Deputies, or the National Assembly as the situation demands, and ratified by the King. Article 71  [Sessions]The National Assembly shall convene on the second Saturday in the month of October unless the King decides to invite it to convene before this date. If that day is an official holiday, it shall convene on the first working day following that holiday. 

Article 72  [Length of Sessions]The normal convening period for both the Consultative Council and the Chamber of Deputies shall last for at least seven months, and this convening period may not be closed before the budget is approved. Article 73  [Convening Period](1) As an exception to the provisions of the two foregoing Articles, the National Assembly shall convene on the day following the expiry of one month from the date of appointment of the Consultative Council or election of the Chamber of Deputies whichever occurs later, unless the King decides to invite it to convene before that date.(2) If the date of convening the National Assembly in that period is later than the annual date prescribed in Article 71 of the Constitution, the convening period prescribed in Article 72 of the Constitution shall be reduced by the amount of the difference between the two aforesaid dates. Article 74  [King's Address and Reply]The King shall inaugurate the ordinary convening period of the National Assembly with a royal address. He may delegate the Crown Prince or whomever he decides to inaugurate the convening period and deliver the royal address on his behalf. Each of the two chambers shall choose a committee from among its members to prepare the draft reply to the address, and each chamber shall submit its reply to the King after it is approved. Article 75  [Extraordinary Sessions](1) Both the Consultative Council and the Chamber of Deputies shall be called, by Royal Decree, to meet in extraordinary session if the King deems it necessary, or if so requested by a majority of members of either chamber.(2) When in extraordinary session the two chambers may not consider matters other than those for which it has been called to convene. Article 76  [Closing of Sessions]The King shall declare ordinary and extraordinary convening periods closed by Royal Order. Article 77  [Place and Time]Any meeting of the Consultative Council or the Chamber of Deputies which is not held at the prescribed time and place shall be null and void and decisions taken thereat shall be invalid. Article 78  [Oath of Office]Every member of the Consultative Council or the Chamber of Deputies shall take the following oath in public session, prior to pursuing their work in the Chamber or its committees:"I swear by Almighty God that I shall be loyal to the country and the King, shall respect the Constitution and the laws of the State, shall defend the freedoms, interests and assets of the people, and shall perform my work honestly and sincerely." Article 79  [Publicity]Sessions of the Consultative Council and the Chamber of Deputies shall be open to the public. They may be held in secret at the request of the Government, the President of the

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Chamber, or ten members, and the request shall be debated in secret session. Article 80  [Quorum](1) For a meeting of both the Consultative Council or the Chamber of Deputies to be valid, a quorum of more than half the members of each chamber must be present. Decisions shall be taken on an absolute majority of members present, except in cases where a special majority is stipulated. In the event of a tied vote, the matter shall be decided in favour of the side that includes the President of the chamber. If the voting relates to the Constitution, voting shall be conducted by calling upon members by name.(2) If there is a lack of quorum for either chamber to convene on two successive occasions, the meeting of the chamber shall be deemed valid provided that the number of members attending is not less than one quarter of the chamber's members. Article 81  [Initiative]The Prime Minister shall present bills to the Chamber of Deputies, which is entitled to pass, amend or reject the bill. In all cases the bill shall be referred to the Consultative Council, which is entitled to pass, amend or reject the bill or to accept any amendments which the Chamber of Deputies had introduced to the bill, or had rejected or amended them. However, priority of debate shall always be given to bills and proposals put forward by the Government. Article 82  [Reconsideration]If the Consultative Council does not approve a bill passed by the Chamber of Deputies, whether the Consultative Council's decision involves rejection, amendment, deletion or addition, the President of the Council shall return it to the Chamber of Deputies for reconsideration. Article 83  [Submission]If the Chamber of Deputies accepts the bill as it receives it from the Consultative Council, the President of the Consultative Council shall refer it to the Prime Minister who will submit it to the King. Article 84  [Amendments]The Chamber of Deputies may reject any amendment made to a bill by the Consultative Council, and may insist on its previous decision without introducing any new amendments to the bill. In such a case the bill shall be returned to the Consultative Council for reconsideration. The Consultative Council may accept the decision of the Chamber of Deputies or insist on its previous decision. Article 85  [Disputes, Joint Session]If the two Chambers differ twice over any bill, the National Assembly shall convene in joint session under the chairmanship of the President of the Consultative Council to discuss those clauses in dispute. For the bill to be accepted, the decision of the National Assembly must be taken on a majority of members present, and when the bill is rejected in this manner it shall not be presented to the National Assembly again in the same convening period. Article 86  [Approved Bill]

In all cases in which a bill is approved, the President of the Consultative Council shall refer the approved bill to the Prime Minister so that he submits it to the King. Article 87  [Budget]Every bill that regulates economic or financial matters, and the Government requests its urgent consideration, shall first be submitted to the Chamber of Deputies so that it takes a decision on it within fifteen days. When that period elapses, the bill is presented to the Consultative Council with the opinion of the Chamber of Deputies if there is such an opinion, so that the Consultative Council decides on it within a further period of fifteen days. If the two Chambers should disagree on the bill in question, the matter is referred to the National Assembly for a vote on it within fifteen days. If the National Assembly does not reach a decision on it within that period, the King may issue the bill as a Decree that has the force of a law. Article 88  [Governmental Program]As soon as it is formed, each Government shall submit its program to the National Assembly which may put forward any observations it deems appropriate regarding the program. Article 89  [Representation, Immunity](1) a. A member of either the Consultative Council or the Chamber of Deputies represents the people and cares for public interest. He shall not come under the sway of any authority in his work in the either chamber or its committees.b. No member of the Consultative Council or the Chamber of Deputies shall be called to account for expressing his opinions or ideas in the Council or its committees unless the opinion expressed is prejudicial to the fundamentals of the religion or the unity of the nation, or the mandatory respect for the King, or is defamatory of the personal life of any person.c. Other than in a case of flagrante delicto, it shall be impermissible during the convening period for any detention, investigation, search, arrest or custodial procedures or any other penal action to be taken against a member except with the permission of the chamber of which he is a member. Outside the convening period, permission must be sought from the President of the relevant chamber.(2) The non-issue of a decision by the chamber or its President on the permission which is being sought within one month from the date of receipt of the request shall be regarded as permission.(3) The chamber must be informed of any measures which may be taken under the preceding paragraph while it is convened, and it must invariably be informed at its first session of any action taken against a member during the chamber's annual recess. Article 90  [Postponement]The King may by Royal Order postpone the convening of the National Assembly for not more than two months, and such postponement shall not be repeated more than once in any one convening period. The period of postponement shall not be counted within the convening period provided by Article 72 of this Constitution. Article 91  [Questions]

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(1) Any member of the Consultative Council or the Chamber of Deputies may direct written questions at Ministers to clarify matters coming within their sphere of competence, and only the questioner may comment once on the reply. If the Minister adds anything new, the member shall be further entitled to comment.(2) The question may not relate to an interest of the questioner or his relatives to the fourth degree, or be made by proxy. Article 92  [Initiatives]a. Fifteen members of the Consultative Council or the Chamber of Deputies are entitled to request proposing an amendment to the Constitution. Any member of the two chambers is entitled to propose laws. Each proposal shall be referred to the relevant committee in the chamber in which the proposal was made for an opinion. If the chamber sees fit to accept the proposal, it shall refer it to the Government to formulate it as a draft amendment of the Constitution or as a draft law and present it to the Chamber of Deputies during the same or succeeding period.b. Any proposal for a law which has been presented in accordance with the preceding paragraph and rejected by the chamber to which it was presented may not be re-represented during the same convening period. Article 93  [Ministerial Right to Speak, Duty to Attend](1) The Prime Minister and Ministers may attend sessions of the Consultative Council and Chamber of Deputies, and both chambers shall listen to the Prime Minister and Ministers whenever they ask to speak. They may co-opt such senior officials or their deputies as they may wish.(2) A chamber may require the competent Minister to attend when a matter relating to his Ministry is being debated. Article 94  [Regulations]a. The regulations for the course of business in both the Consultative Council and the Chamber of Deputies and their committees, and the principles governing debate, voting, questioning, cross-examination and all the powers prescribed in the Constitution shall be prescribed by law, and similarly the penalties for a member being in breach of the regulations or failing to attend chamber or committee sessions without acceptable excuse.b. Each chamber may add to the law that regulates it such supplementary provisions as it sees fit. Article 95  [Order](1) Maintenance of order within the Consultative Council and Chamber of Deputies is a matter for its President. Guards shall be allocated to each chamber and they will receive their orders from the chamber's President.(2) No armed force may enter either chamber of the National Assembly or remain in the vicinity of its doors unless so requested by its President. Article 96  [Remuneration]The remuneration of members of the Consultative Council and Chamber of Deputies shall be laid down by law. If this remuneration is amended, such amendment shall not take effect until the start of the next legislative season. Article 97  [Incompatibilities]

Membership of the Consultative Council and Chamber of Deputies may not be combined, nor may membership of either chamber be combined with the assumption of public office.Other cases of non-combination shall be prescribed by law. Article 98  [Economic Incompatibilities](1) During his period of membership a member of the Consultative Council or the Chamber of Deputies may not be appointed to the board of directors of a company or participate in contracts concluded by the Government or public institutions except in those cases prescribed by law.(2) Nor during that period may he purchase or rent a State asset, or lease, sell or barter any of his assets to the State, unless by way of public auction or invitation to tender or application of the regulations governing expropriation in the public interest. Article 99  [Incompetence]If a state of incompetence arises with respect to a member of Consultative Council and Chamber of Deputies during his membership, his membership shall be abrogated, and his place become vacant on a decision taken by two-thirds of the members of the chamber of which he is a member. The membership of a member of the Consultative Council or Chamber of Deputies may also be abrogated for loss of confidence or esteem or for being in breach of the duties of membership. A decision to abrogate membership must secure a two-thirds majority of the members of the chamber of which he is a member. If taken by the Consultative Council, the decision shall be submitted to the King for approval. Article 100  [Decorations]Members of the Consultative Council and Chamber of Deputies shall not be awarded medals or decorations during their term of membership. Part 4 Provisions on the Convening of the National Assembly Article 101  [Sessions]In addition to the occasions when both chambers of Consultative Council and Chamber of Deputies, that is the National Assembly, convene as a congress under the Constitution, the King may call such a meeting of his own initiative or at the request of the Prime Minister. Article 102  [Chairmanship]The joint National Assembly meeting shall be chaired respectively by the President of the Consultative Council, or in his absence by the President of the Chamber of Deputies, followed by the First Vice-President of the Consultative Council, followed by the First Vice-President of the Chamber of Deputies. Article 103  [Quorum]In the cases other than those in which the Constitution requires a special majority, joint sessions of the two chambers of the National Assembly shall not be deemed legally valid unless they are attended by the majority of the members of each individual chamber. Decisions shall be taken by a majority of the votes of members present with the exception of the President, who is to cast the decisive vote in the event of a tie.

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 Section 4 The Judicial Authority Article 104  [Independence, Public Prosecutor]a. The honour of the judiciary, and the probity and impartiality of judges, is the basis of government and the guarantee of rights and freedoms.b. No authority shall prevail over the judgment of a judge, and under no circumstances may the course of justice be interfered with. The law guarantees the independence of the judiciary, and the law shall lay down the guarantees of judges and the provisions pertaining to them.c. The law shall lay down the provisions pertaining to the Public Prosecution Office, the tasks of the office for delivery of formal legal opinions, the preparation of legislation, State representation before the law, and personnel employed on such matters.d. The provisions governing advocacy shall be regulated by law. Article 105  [Courts]a. The various types and degrees of the courts shall be regulated by law, and the law shall state their functions and jurisdiction.b. The jurisdiction of military courts shall be confined to military offences committed by members of the Defence Force, the National Guard, and the Security Forces. It does not extend to other persons except when martial law is declared and within the bounds prescribed by law.c. Court hearings shall be held in public except in exceptional cases prescribed by law.d. A Higher Judicial Council shall be established by law to supervise the smooth running of work in the courts and their supporting organs. The powers of the Higher Judicial Council in the functional affairs of judicial personnel and the Public Prosecution Office shall be prescribed by law. Article 106  [Constitutional Court](1) A Constitutional Court shall be established, and shall comprise a President and six members, all of whom are appointed by a Royal Order for a period specified by the law. The court's area of competence is to watch over the constitutionality of laws and statutes.(2) The law shall state the regulations that ensure that the members of the Court are not liable to dismissal, and specifies the procedures that are followed before the Court. The law shall guarantee the right of the Government, Consultative Council, the Chamber of Deputies and notable individuals and others to challenge before the Court the constitutionality of laws and statutes. A ruling by the Court that a text in a law or a statute is unconstitutional shall have a direct effect, unless the Court specifies a subsequent date for the purpose. Thus if the Court's rule on unconstitutionality is related to a text in the penal code then the convictions made on the basis of such a text are deemed null and void.(3) The King may refer to the Court any draft laws before they are adopted to determine the extent of their agreement with the Constitution. The Court's determination is binding on all State authorities and on everyone. Chapter V Financial Affairs 

Article 107  [Taxes]a. Public taxes shall only be established, amended and abolished by law, and persons shall only be exempted from paying them wholly or in part in those cases prescribed by law. A person may only be instructed to pay other taxes, duties and costs within the bounds of the law.b. The provisions governing the collection of taxes, duties and other public monies, and the procedures for their disbursement, shall be prescribed by law.c. The provisions governing the maintenance and management and the terms for the disposition of State property, and the limits within which any part of such property may be assigned, shall be prescribed by law. Article 108  [Public Loans]a. Public loans shall be contracted by law. The State may lend or guarantee a loan by law within the credit limits prescribed for the purpose in the Budget Law.b. Local bodies such as municipalities or public institutions may lend, borrow or guarantee a loan in accordance with the laws relevant to them. Article 109  [Budget]a. The financial year shall be prescribed by law.b. The Government shall prepare the draft overall annual budget of State revenue and expenditure and present it to the Chamber of Deputies at least two months before the end of the financial year, for debate and referral to the Consultative Council to consider it in accordance with the provisions of the Constitution. Any amendment can be introduced into the budget with the agreement of the Government.c. The budget shall be debated on the basis of the classification of its contents. The budget may be prepared for more than one financial year. No public revenue may be allocated for a particular expenditure except by law.d. The State general budget shall be promulgated by law.e. If the Budget Law is not promulgated before the beginning of the financial year, the previous budget shall be adhered to until the law's promulgation, and revenue shall be collected and expenditure disbursed in accordance with the laws in force at the end ofthat year.f. Under no circumstances may the maximum estimates of expenditure stated in the Budget Law and laws in amendment thereof be exceeded. Article 110  [Ex-Budgetary Disbursement]Any disbursement which is ex-budget or in excess of the budget estimates must be made by operation of law. Article 111  [Funds]a. Particular sums of money may be allocated to more than one financial year by law if the nature of the disbursement so requires. The approbations for each, as decided by the aforesaid law, shall be tabled in the successive annual budgets of the State.b. An exceptional budget running for more than one financial year may also be allocated for the disbursement referred to in the preceding clause. Article 112  [Budget Law]The Budget Law may not contain any wording establishing a new tax, increasing an existing tax, or amending an existing

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law, or avoiding the promulgation of a law on a matter for which the Constitution provides that it shall be regulated by law. Article 113  [Final Account]The final account of the financial affairs of the State for the year elapsed shall be submitted firstly to the Chamber of Deputies during the five months following the end of the financial year. It shall be approved by a decision rendered by both the Consultative Council and Chamber of Deputies, accompanied by their observations, and shall be published in the Official Gazette. Article 114  [Accounting Procedures]The provisions pertaining to independent public budgets, their appendices, and their final accounts, shall be laid down by law, and they shall be subject to the provisions governing the State budget and its final account. The provisions governing the budgets and final accounts of municipalities and local public institutions shall also be laid down by law. Article 115  [Budget Bill]Together with the draft annual budget the Government shall present the Chamber of Deputies with a statement on the financial and economic condition of the State, the measures taken to implement the budget approbations in force, and the effect of the whole thereof on the new draft budget. Article 116  [Financial Control Office]A Financial Control Office shall be established by law, and the law shall guarantee its independence. It shall assist the Government and the Chamber of Deputies in controlling the collection of State revenues and the disbursement of its expenditure within the budget limits. The Office shall submit an annual report on its business, with its observations, to both the Government and the Chamber of Deputies. Article 117  [Concessions, Monopolies]a. Any commitment to exploit a natural resource or a public utility shall be only by operation of law and for a limited time. The preliminary procedures shall ensure that the search and exploration work are facilitated and that openness and competition are realized.b. Any monopoly shall only be awarded by law and for a limited time. Article 118  [Currency, Banking, Standards]The law shall regulate cash and the banks, and shall regulate weight, measures and standards. Article 119  [Public Salaries]The law shall regulate emoluments, pensions, compensation, relief and remuneration being a charge on the State Treasury. Chapter VI General and Final Provisions Article 120  [Constitutional Amendments]a. Exceptionally to clauses b, c and d of Article 35 of this Constitution, for any provision of this Constitution to be amended the amendment must be approved by a two-thirds majority of the members of whom both the Consultative

Council and Chamber of Deputies are composed, and the amendment must be approved by the King.b. If an amendment to the Constitution is refused, it may not be re-submitted earlier than one year from that refusal.c. It is not permissible to propose an amendment to Article 2 of this Constitution, and it is not permissible under any circumstances to propose the amendment of the constitutional monarchy and the principle of inherited rule in Bahrain, as well as the bi-cameral system and the principles of freedom and equality established in this Constitution.d. The powers of the King stated in this Constitution may not be proposed for amendment in an interval during which another person is acting for him. Article 121  [Former Treaties and Laws]a. The application of this Constitution does not breach the treaties and agreements which Bahrain has concluded with states and international organisations.b. Exceptionally to the provision of the second clause of Article 38 of this Constitution, all laws, laws by Decree, Decrees, statutes, orders, edicts and circulars that have been issued and are in force prior to the first meeting convened by the National Assembly remain proper and valid, unless amended or rescinded in accordance with the regulations prescribed in this Constitution. Article 122  [Promulgation of Laws]Laws are published in the Official Gazette within two weeks of their issue, and are enforced one month after the date of their publication, and this period may be shortened or prolonged if the law specifically prescribed it. Article 123  [Martial Law]It is impermissible to suspend any provision of this Constitution except during the proclamation of martial law, and within the limits prescribed by the law. It is not permissible under any circumstances to suspend the convening of the Consultative Council or the Chamber of Deputies during that period or to infringe upon the immunity of their members, or during the proclamation of a state of national safety. Article 124  [Coming Into Force]The provisions of the laws apply only to what occurs from the date the laws came into force, and have no retroactive effect. The law may state, in articles other than those pertaining to the penal code, that its provisions have a retroactive effect, with the agreement of the majority of the members of both the Consultative Council and the Chamber of Deputies, or if circumstances require it, the National Assembly. Article 125  [Promulgation of this Constitution]This amended Constitution shall be published in the Official Gazette, and shall be effective from the date of its publication.

{ Signed by: Hamad bin Isa Al Khalifa }

THE CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT (After the Amendments Ratified on May 22, 1980 Referendum - Partial Reproduction)

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Egypt 1972

We, the people of Egypt, who have been toiling on this glorious land since the dawn of history and civilization, we the people working in Egypt’s villages, fields, cities, factories, centers of education and industry in any field of work which contributes to the creation of life on its soil or plays a part in the honour of defending this land

We, the people who believe in its spiritual and immortal heritage and who are confident in our profound faith and cherish the honour of man and of humanity at large,

We, the people who in addition to preserving the legacy of history, bear the responsibility of great present and future objectives whose seeds are embedded in the long and arduous struggle, with which the banners of liberty, socialism and unity have been hoisted along the great march of the Arab Nation,

We, the Egyptian people, in the name of God and with His assistance pledge to indefinitely and unconditionally exert every effort to realise:-

Peace to our world

Being determined that peace can only be based on justice and that political and social progress of all peoples can only be realized through the freedom and independent will of these peoples, and that any civilization is not worthy of its name unless it is free from exploitation whatever its form.

Unity

The hope of our Arab Nation being certain that Arab Unity is a call of history and future and an inevitable destiny which can only materialize through an Arab Nation capable of warding off any threat whatever may be the source or the pretexts justifying it.

The Constant Development Of Life In Our Nation

Being convinced that the true challenge confronting nations is the realization of progress and that such progress does not occur automatically or through slogans alone, but that the driving force behind it is the release of all potentials of creativity and originality in our people, who have asserted at all times their contribution to civilization and humanity through work alone.

Our people have passed through successive experiences, meantime offering rich experiences on both the national and international levels, by which they have been guided. These experiences finally took shape in the basic documentations of the July, 23rd Revolution led by the alliance of the working forces of our struggling people . This people have been able, through deep awareness and refined sensibility, to retain the genuine core of this revolution and to continuously rectify its path and to realize through it full integration between science and faith, political and social freedom, national independence and affiliation on the one hand and the worldwide struggle of humanity for political economic, cultural and intellectual freedom and the fight against all forces and remnants of regression domination and exploitation on the other hand.

Freedom For The Humanity Of The Egyptian Man

Having realized that man’s humanity and dignity are the torches that guide and direct the course of the enormous development of mankind towards its supreme ideals.

The dignity of every individual is natural reflection of the dignity of his nation, for each individual is a cornerstone in the edifice of the homeland . This homeland derives its strength and prestige from the value of each individual, his activity and dignity .

The sovereignty of law is not only a guarantee for the freedom of the individual but is also the sole basis for the legality of authority.

The alliance of the popular working forces is not a means for social conflict towards historical development, it is , in this modern age, with its climate and ways , a safety valve protecting the unity of the working powers of the nation and eliminating contradictions within these forces through democratic interaction .

We the working masses of the people of Egypt - out of determination, confidence and faith in all our national and international responsibilities, and in acknowledgment of God’s right and His messages, and in recognition of the right of our nation as well as of the principle and responsibility of mankind, and in the name of God and with His assistance - declare on the Eleventh of September 1971 that we accept and grant ourselves this Constitution, asserting our firm determination to defend and protect it, assuring our respect for it.

Chapter one: The State

Art.1*:   The Arab Republic of Egypt is a Socialist Democratic State based on the alliance of the working forces of the people. The Egyptian people are part of the Arab Nation and work for the realization of its comprehensive unity.

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Art.2*:   Islam is the Religion of the State. Arabic is its official language, and the principal source of legislation is Islamic Jurisprudence (Sharia).

Art.3:   Sovereignty is for the people alone who will practise and protect this sovereignty and safeguard national unity in the manner specified by the Constitution

Art.4*:   The economic foundation of the Arab Republic of Egypt is the socialist democratic system based on sufficiency and justice, in a manner preventing exploitation, narrowing the gap between incomes, protecting legitimate earnings and guaranteeing justice in the distribution of public responsibilities and expenditures .

Art.5*:   The political regime of the Arab Republic of Egypt is based upon the multi-party system within the framework of the basic principles and components of the Egyptian society stipulated by the Constitution . Political parties shall be organized by law

Art.6:   Egyptian Nationality is defined by law.

Chapter Two

 Part One: Social and Moral Constituents

Art.7:   Social solidarity is the basis of society .

Art.8:   The State shall guarantee equality of opportunity to all Egyptians.

Art.9:   The family is the basis of the society founded on religion, morality and patriotism. The State is keen to preserve the genuine character of the Egyptian family- with all values and traditions represented by it- while affirming and promoting this character in the interplay of relations within the Egyptian society.

Art.11:   The State shall guarantee coordination between woman’s duties towards her family and her work in the society, considering her equal to man in the political, social, cultural and economic spheres without detriment to the rules of Islamic jurisprudence (Sharia).

Art.12:   Society shall be committed to safeguarding and protecting morals, promoting the genuine Egyptian traditions and abiding by the high standards of religious education, moral and national values, the historical heritage of the people, scientific facts, socialist conduct and public manners within the limits of the law. The State is committed to abiding by these principles and promoting them.

Art.13:   Work is a right, a duty and an honour ensured by the State. Distinguished workers shall be worthy of the appreciation of the State and the society. No work shall be imposed on citizens, except by virtue of the law, for the performance of a public service and in return for a fair remuneration.

Art.14:   Citizens are entitled to public offices, which are assigned to those who shall occupy them in the service of people. The State guarantees the protection of public officers in the performance of their duties in safeguarding the interests of the people. They may not be dismissed by

other than the disciplinary way except in the cases specified by the law.

Art.15:   War veterans and those injured during wars or because of them , martyrs’ wives and children shall have priority in work opportunities according to the law.

Art.16:   The State shall guarantee cultural, social and health services and shall work to ensure them particularly for villagers in an easy and regular manner in order to raise their standard .

Art.17:   The State shall guarantee social and health insurance services. All citizens shall have the right to pensions in cases of incapacity, unemployment, and old-age in accordance with the law.

Art.18:   Education is a right guaranteed by the State. It is obligatory in the primary stage. The State shall work to extend obligation to other stages. The State shall supervise all branches of education and guarantee the independence of universities and scientific research centers, with a view to linking all this with the requirements of society and production.

Art.19:   Religious education shall be a principal subject in the courses of general education.

Art.20:   Education in the State: Educational institutions shall be free of charge in their various stages.

Art.21:   Combating illiteracy shall be a national duty for which all the people’s capacity shall be mobilized.

Art.22:   The institution of civil titles shall be prohibited.

Part Two: Economic Constituents

Art.23:   The national economy shall be organised in accordance with a comprehensive development plan which ensures raising the national income, fair distribution, raising the standard of living, solving the problem of unemployment, increasing work opportunities, connecting wages with production, fixing a minimum and maximum limit for wages in a manner that guarantees lessening the disparities between incomes

Art.24:   The people shall control all means of production and direct their surplus in accordance with development plan laid down by the State.

Art.25:   Every citizen shall have a share in the national revenue to be defined by law in accordance with his work or his unexploiting ownership.

Art.26:   Workers shall have a share in the management and profits of projects . They shall be committed to the development of production and the implementation of the plan in their production units, in accordance with the law. Protecting the means of production is a national duty . Workers shall be represented on the boards of directors of the public sector units by at least 50% of the number of members of these boards. The law shall guarantee for the small farmers and small craftsmen 80%of the membership on the boards of directors of the agricultural and industrial co-operatives.

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Art.27:   Beneficiaries shall participate in the management of the services projects of public interest and their supervision in accordance with the law.

Art.28:   The State shall look after the co-operative establishments in all their forms and encourage handicrafts with a view to developing production and raising income . The State shall endeavour to support agricultural co-operatives according to modern scientific bases.

Art.29:   Ownership shall be under the supervision of the people and the protection of the State. There are three kinds of ownership: public ownership, co-operative ownership and private ownership.

Art.30:   Public ownership is the ownership of the people and it is confirmed by the continuous support of the public sector. The public sector shall be the vanguard of progress in all spheres and shall assume the main responsibility in the development plan.

Art.31:   Co-operative ownership is the ownership of the co-operative societies. The law shall guarantee its protection and self-management.

Art.32:   Private ownership shall be represented by the unexploiting capital. The law shall organize the performance of its social function in the service of the national economy within the framework of the development plan, without deviation or exploitation. The ways of its utilization should not contradict the general welfare of the people.

Art.33:   Public ownership shall have its sanctity. Its protection and support shall be the duty of every citizen in accordance with the law as it is considered the mainstay of the strength of the homeland, a basis for the socialist system and a source of prosperity for the people.

Art.34:   Private ownership shall be safeguarded and may not be placed under sequestration except in the cases defined by law and in accordance with a judicial decision . It may not be expropriated except for the general good and against a fair compensation as defined by law. The right of inheritance shall be guaranteed in it.

Art.35:   Nationalization shall not be allowed except for considerations of public interest and in accordance with a law and against a compensation.

Art.36:   General confiscation of funds shall be prohibited . Private confiscation shall not be allowed except by a judicial decision.

Art.37:   The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural labourer from exploitation and asserting the authority of the alliance of the people’s working forces in villages.

Art.38:   The tax system shall be based on social justice

Art.39:   Saving is a national duty protected, encouraged and organized by the State.

Chapter Three: Public Freedoms, Rights and Duties

Art.40:   All citizens are equal before the law. They have equal public rights and duties without discrimination due to sex, ethnic origin, language, religion or creed.

Art.41:   Individual freedom is a natural right not subject to violation except in cases of flagrante delicto. No person may be arrested, inspected, detained or have his freedom restricted in any way or be prevented from free movement except by an order necessitated by investigations and the preservation of public security. This order shall be given by the competent judge or the Public Prosecution in accordance with the provisions of the law.

Art.42:   Any citizen arrested, detained or whose freedom is restricted shall be treated in a manner concomitant with the preservation of his dignity. No physical or moral harm is to be inflicted upon him. He may not be detained or imprisoned except in places defined by laws organizing prisons. If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be considered invalid and futile.

Art.43:   Any medical or scientific experiment may not be performed on any person without his free consent.

Art.44:   Homes shall have their sanctity and they may not be entered or inspected except by a causal judicial warrant as prescribed by the law.

Art.45:   The law shall protect the inviolability of the private life of citizens. Correspondence, wires, telephone calls and other means of communication shall have their own sanctity and their secrecy shall be guaranteed. They may not be confiscated or monitored except by a causal judicial warrant and for a definite period and according to the provisions of the law.

Art.46:   The State shall guarantee the freedom of belief and the freedom of practising religious rights.

Art.47:   Freedom of opinion shall be guaranteed. Every individual shall have the right to express his opinion and to publicise it verbally, in writing, by photography or by other means of expression within the limits of the law. Self criticism and constructive criticism shall guarantee the safety of the national structure.

Art.48:   Liberty of the press, printing, publication and mass media shall be guaranteed . Censorship on newspapers shall be forbidden as well as notifying, suspending or cancelling them by administrative methods. In a state of emergency or in time of war, a limited censorship maybe imposed on the newspapers, publications and mass media in matters related to public safety or for purposes of national security in accordance with the law.

Art.49:   The State shall guarantee for citizens the freedom of scientific research and literary, artistic and cultural creativity and provide the necessary means for encouraging their realization.

Art.50:   No citizen shall be prohibited form residing in any place or be forced to reside in a particular place except in cases defined by law.

Art.51:   No citizen may be deported from the country or

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prevented from returning to it.

Art.52:   Citizens shall have the right to permanent or temporary emigration The law shall regulate this right and the measures and conditions of emigration.

Art.53:   The right to political asylum shall be granted by the State to every foreigner persecuted for defending the people’s interests, human rights, peace or justice . The extradition of political refugees shall be prohibited.

Art.54:   Citizens shall have the right to peaceful and unarmed private assembly, without the need for prior notice. Such private meetings should not be attended by security men. Public meetings, processions and gatherings shall be allowed within the limits of the law.

Art.55:   Citizens shall have the right to form societies as defined by law. The establishment of societies whose activities are hostile to the social system, clandestine or have a military character shall be prohibited.

Art.56:   The creation of syndicates and unions on democratic basis shall be guaranteed by law and shall have a legal person. The law regulates the participation of syndicates and unions in carrying out the social plans, and programmes raising the standard of efficiency, consolidating socialist behaviour among their members, and safeguarding their funds. They are responsible for questioning their members about their behaviour in exercising their activities according to certain codes of morals, and for defending the rights and liberties of their members as defined by law.

Art.57:   Any assault on individual freedom or on the inviolability of the private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law shall be considered a crime, whose criminal and civil lawsuit is not liable to prescription. The State shall grant a fair compensation to the victim of such an assault.

Art.58:   Defence of the motherland is a sacred duty and conscription shall be obligatory in accordance with the law.

Art.59:   Safeguarding, consolidating and preserving the socialist gains shall be a national duty.

Art.60:   Safeguarding national unity and keeping State secrets shall be the duty of every citizen.

Art.61:   Payment of taxes and public imposts is a duty as defined by law.

Art.62:   Citizen shall have the right to vote, nominate and express their opinions in referenda according to the provisions of the law. Their participation in public life is a national duty.

Art.63:   Every individual shall have the right to address public authorities in writing and with his own signature. Addressing public authorities should not be in the name of groups with the exception of disciplinary organs and legal person.

 Chapter Four: Sovereignty of the Law

Art.64:   The Sovereignty of the law is the basis of State rule.

Art.65:   The State shall be subject to law. The independence and immunity of the judicature are two basic guarantees to safeguard rights and liberties.

Art.66:   Penalty shall be personal. There shall be no crime or penalty except by virtue of the law. No penalty shall be inflicted except by a judicial sentence. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing them.

Art.67:   Any defendant is innocent until he is proved guilty before a legal court, in which he is granted the right to defend himself . Every person accused of a crime must be provided with counsel for his defence.

Art.68:   The right to litigation is inalienable for all, and every citizen has the right to refer to his competent judge. The State shall guarantee the accessibility of the judicature organs to litigants, and the rapidity of statuting on cases. Any provision in the law stipulating the immunity of any act or administrative decision from the control of the judicature shall be prohibited.

Art.69:   The right of defence in person or by power of attorney shall be guaranteed. The law shall grant the financially incapable citizens the means to resort to justice and defend their rights.

Art.70:   No penal lawsuit shall be sued except by an order from a judicature organ with the exception of cases defined by law.

Art.71:   Any person arrested or detained shall be informed forthwith of the reasons for his arrest or his detention. He shall have the right to communicate with whoever he sees fit and inform them of what has taken place and to ask for help in the way organized by law. He must be notified, as soon as possible, with the charges directed against him. Any person may lodge a complaint to the courts against any measure taken to restrict his personal freedom. The Law shall regulate the right of complaint in a manner ensuring a decision regarding it within a definite period or else release shall be imperative.

Art.72:   Sentences shall be passed and executed in the name of the people. Likewise refraining from executing sentences or obstructing them on the part of the concerned civil servants shall be considered a crime punishable by law. In this case, those whom the sentence is in favour of , shall have the right to sue a direct penal lawsuit before the competent court.

Chapter Five

 Part One: The Head of the State

Art.73:   The Head of the State is the President of the Republic . He shall assert the sovereignty of the people, respect for the Constitution and the supermacy of the law. He shall safeguard national unity and the socialist gains and maintain the limits between authorities in a manner to ensure that each shall perform its role in the national action.

Art.74:   If any danger threatens the national unity or the safety of the motherland or obstructs the constitutional role

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of the State institutions, the President of the Republic shall take urgent measures to face this danger, direct a statement to the people and conduct a referendum on those measures within sixty days of their adoption.

Art.75:   The President of the Republic should be an Egyptian born to Egyptian parents and enjoy civil and political rights. His age must not be less than 40 Gregorian years.

Art.76:   The People’s Assembly shall nominate the President of the Republic . The nomination shall be referred to the people for a plebiscite. The nomination for the President of the Republic shall be made in the People’ Assembly upon the proposal of at least one third of its members. The candidate who obtains two thirds of the votes of the members of the People’s Assembly shall be referred to the people for a plebiscite . If he does not obtain the said majority the nomination process shall be repeated two days after the first vote. The candidate obtaining an absolute majority of the votes of the Assembly members shall be referred to the citizens for a plebiscite. The candidate shall be considered President of the Republic when he obtains an absolute majority of votes cast in the plebiscite. If the candidate does not obtain this majority, the Assembly shall propose the nomination of another candidate and the same procedure shall follow concerning his candidature and election.

Art.77**:   The term of the presidency shall be six Gregorian years starting from the date of the announcement of result of the plebiscite. The President of the Republic may be re-elected for other successive terms.

Art.78:   The procedures for the choice of a new President of the Republic shall begin sixty days before the expiration of the term of the President in office. The new President shall be selected at least one week before the expiration of the term. Should this term expire without the choice of a new President for whatever reason, the former President shall continue to exercise his functions until his successor is elected.

Art.79:   Before exercising his functions, the President shall take the following oath before the People’s Assembly: "I swear by Almighty God to uphold the Republican system with loyalty, to respect the Constitution and the law, and to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland".

Art.80:   The salary of the President of the Republic shall be fixed by law. Any amendment in the salary shall not be applicable during the presidential term in which such an amendment is decided upon . The President of the Republic may not receive any other salary or remunerations.

Art.81:   During his term of office the President of the Republic may not exercise any free profession or undertake any commercial, financial or industrial activity. Nor may he acquire or take or lease any state property, sell to or exchange with the State any property of his whatsoever.

Art.82:   In case the President of the Republic , due to any temporary obstacle, is unable to carry out his functions, he

shall delegate his powers to a Vice-President.

Art.83:   In case of resignation, the President of the Republic shall address his letter of resignation to the People’s Assembly.

Art.84:   In case of the vacancy of the Presidential office or the permanent disability of the President of the Republic, the Speaker of the People’s Assembly shall temporarily assume the Presidency. In case the People’s Assembly is dissolved at such a time the President of the Supreme Constitutional Court shall take over the Presidency on condition that neither one shall nominate himself for the Presidency. The People’s Assembly shall then proclaim the vacancy of the office of President . The President of the Republic shall be chosen within a maximum period of sixty days form the date of the vacancy of the Presidential office.

Art.85:   Any charge against the President of high treason or of committing a criminal act shall be made upon a proposal by at least one third of the members of the People’s Assembly . No impeachment shall be issued except upon the approval of a majority of two-thirds of the Assembly members. The President of the Republic shall be suspended form the exercise of his duties as from the issuance of the impeachment . The Vice-President shall take over the Presidency temporarily until the decision concerning the impeachment is taken. The President of the Republic shall be tried by a special Tribunal set up by law. The law shall also organize the trial procedures and define the penalty. In case he is found guilty, he shall be relieved of his post without prejudice to other penalties.

Part Two: The People's Assembly

Art.86:   The People’s Assembly shall exercise the legislative power, approve the general policy of the State, the general plan of economic and social development and the general budget of the State. It shall exercise control over the work of the executive authority in the manner prescribed by the Constitution.

Art.87:   The law shall determine the constituencies into which the State shall be divided. The number of the elected members of the People’s Assembly must be at least 350 members of whom one half at least must be workers and farmers elected by direct secret pubic balloting. The Law shall determine the definition of the worker and the farmer. The President of the Republic may appoint a number of members not exceeding ten.

Art.88:   The Law shall determine the conditions which members of the Assembly must fulfil as well as the rules of election and referendum, while the ballot shall be conducted under the supervision of the members of a judiciary organ.

Art.89:   Employees of the State and the public sector may nominate themselves for membership in the People’s Assembly with the exception of cases determined by law. The member of the People’s Assembly shall devote himself entirely to his duties, while his former work or post shall be preserved for him as determined by law.

Art.90:   Before exercising his duties, the member of the People’s Assembly shall take the following oath before the

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Assembly: " I swear by God Almighty that I shall sincerely safeguard the safety of the nation, the republican regime, attend to the interests of the people and shall respect the Constitution and the law".

Art.91:   The members of the People’s Assembly shall receive a remuneration determined by law.

Art.92:   The duration of the People’s Assembly term shall be five Gergorian years starting from the date of its first meeting. Elections for the renewal of the Assembly shall take place within the sixty days preceding the termination of its term.

Art.93:   The People’s Assembly shall be competent to decide upon the validity of the membership of its members. The Court of Cassation shall be competent to investigate the validity of contestations on membership presented to the Assembly after referring them to the Court by the Speaker of the Assembly. The contestation shall be referred to the Court of Cassation within fifteen days as from the date on which the Assembly has been informed thereof while the investigation shall be completed within ninety days from the date on which the contestation is referred to the Court of Cassation. The result of the investigation and the decision reached by the Court shall be submitted to the Assembly to decide upon the validity of the contestation within sixty days from the date of submission of the result of the investigation to the Assembly. Memberships shall not be deemed invalid expect by a decision taken by a majority of two-thirds of the Assembly members.

Art.94:   If the seat of a member becomes vacant before the end of his term, a successor shall be elected or appointed to it, within sixty days from the date of the communication to the Assembly of the occurrence of the vacancy . The term of the new member shall extend until the end of the term of his predecessor.

Art.95:   No member of the People’s Assembly shall, during his term, purchase or rent any state property or sell or lease to the state or barter with it regarding any part of his property, or conclude a contract with the State in his capacity as entrepreneur, importer or contractor.

Art.96:   No membership in the People’s Assembly shall be revoked except on the grounds of loss of confidence or status or loss of one of the conditions of membership or the loss of the member’s status as worker or farmer upon which he was elected or the violation of his obligations as a member. The membership shall be deemed invalid on the grounds of a decision taken by two-thirds of the Assembly members.

Art.97:   The People’s Assembly alone may accept the resignation of its members.

Art.98:   Members of the People’s Assembly shall not be censured for any opinions or thoughts expressed by them in the performance of their tasks in the Assembly or its committees.

Art.99:   Except in cases of flagrante delicto, no member of the People’s Assembly shall be subject to a criminal prosecution without the permission of the Assembly. If the Assembly is not in session , the permission of the Speaker

of the Assembly must be taken. The Assembly must be notified of the measures taken in its first subsequent session.

Art.100:   The seat of the People’s Assembly shall be Cairo. However, the Assembly may, under exceptional circumstances, meet in another city at the request of the President of the Republic or the majority of the Assembly members. Any meeting of the Assembly in other than its designated seat is illegal and the resolutions passed in it shall be considered invalid.

Art.101:   The President of the Republic shall convoke the People’s Assembly for its ordinary annual session before the second Thursday of November . If it is not convoked, the Assembly shall meet by force of the Constitution on the said date. The session of the ordinary meeting shall continue for at least seven months. The President of the Republic shall declare the ordinary session closed . This may not take place until the general budget of the state is approved.

Art.102:   The President of the Republic may call the People’s Assembly to an extraordinary session, in case of necessity, or upon request signed by a majority of the Assembly members. The President of the Republic shall announce the dismissal of the extraordinary session.

Art.103:   The People’s Assembly shall elect, in the first meeting of its ordinary annual session, a Speaker and two Deputy - Speakers for the term of the session. If the seat of anyone of them is vacated, the Assembly shall elect a replacement, whose term will last until the end of his predecessor’s term.

Art.104:   The People’s Assembly shall lay down its own rules of procedure organizing the manner in which it fulfills its tasks.

Art.105:   The People’s Assembly alone shall be entitled to preserve order inside it. The Speaker of the Assembly shall be entrusted with this task.

Art.106:   The meeting of the People’s Assembly shall be public. However, a meeting in camera may be held at the request of the President of the Republic, or the Government, or the Prime Minister or of at least twenty of its members. The Assembly shall then decide whether the debate on the question submitted to it shall take place in a public meeting or in a meeting in camera.

Art.107:   The meeting of the Assembly shall be considered invalid unless the majority of its members are present. The Assembly shall adopt its resolutions by an absolute majority of its attending members, in cases other than those for which a specific majority is required. A separate vote will be taken on each article of the draft laws. In case of a tie vote, the question on which the debate has taken place shall be rejected.

Art.108:   The President of the Republic shall have the right, in case of necessity or in exceptional cases and on the authorization of the People’s Assembly, to issue resolutions having the force of law. Such authorization must be for a limited period of time and must point out the subjects of such resolutions and the grounds upon which they are based

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. The resolutions must be submitted to the People’s Assembly at its first meeting after the end of the authorization period. If they are not submitted or if they are submitted and not approved by the Assembly , they shall cease to have the force of law.

Art.109:   The President of the Republic and every member of the People’s Assembly shall have the right to propose laws.

Art.110:   Every draft law shall be referred to one of the committees of the Assembly which will study it and submit a report concerning it. Draft laws presented by members of the People’s Assembly shall not be referred to these committees unless they are first referred to a special committee which will study them and give an opinion on the suitability of their consideration by the Assembly and after the Assembly decides to consider them.

Art.111:   Every draft law proposed by a member and rejected by the Assembly cannot be presented again in the course of the same session.

Art.112:   The President of the Republic shall have the right to promulgate laws or object to them.

Art.113:   If the President of the Republic objects to a draft law ratified by the People’s Assembly, he shall refer it back to the Assembly within thirty days from the Assembly’s communication of it. If the draft law is not referred back within this period. It is considered a law and shall be promulgated. If it is referred back to the Assembly on the said date and approved once again by a majority of two-thirds of the members, it shall be considered a law and shall be promulgated.

Art.114:   The People’s Assembly shall approve the general plan for economic and social development. The manner of the preparation of the plan and of its submission to the People’s Assembly shall be determined by law.

Art.115:   The draft general budget of the State shall be submitted to the Assembly at least two months before the beginning of the fiscal year. It shall not be considered in effect unless it is approved by the Assembly. Each chapter of the draft budget shall be voted upon separately and shall be promulgated by law. The People’s Assembly shall not make modifications in the draft budget except with the approval of the government. In case the ratification of the new budget does not take place before the beginning of the new fiscal year, the old budget shall be acted on pending such ratification. The law shall determine the manner of preparing the budget and determine the fiscal year.

Art.116:   The approval of the People’s Assembly shall be considered necessary for the transfer of any funds from one title of the budget to another, as well as for any expenditure not included in it or in excess of its estimates. These shall be issued by law.

Art.117:   The law shall determine the provisions regulating the budgets and accounts of public organizations and institutions.

Art.118:   The final account of the State budget shall be submitted to the People’s Assembly within a period not

exceeding one year from the date of the expiration of the fiscal year. Each title shall be voted upon separately and issued by a law. The annual report of the Central Agency for Accounting and its observations must be submitted to the People’s Assembly. The Assembly has the right to demand from the Central Agency for Accounting any data or other pertinent reports.

Art.119:   The imposition, modification or abolition of general taxes cannot be effected except in the cases decreed by law. No one may be exempted from their payment except in the cases specified by law.No one may be asked to pay additional taxes or imposts except in the cases specified by law.

Art.120:   The basic rules for collection of public funds and the procedure for their disbursement shall be regulated by law.

Art.121:   The Executive Authority shall not contract a loan, or bind itself to a project entailing expenditure of public funds from the State Treasury in the course of a subsequent period, except with the approval of the People’s Assembly.

Art.122:   The rules governing the granting of salaries, pensions, indemnities, subsidies and bonuses from the State treasury, as well as the cases excepted from these rules and the authorities charged with their application, shall be determined by law.

Art.123:   The law shall determine the rules and procedures for granting concessions related to the investment of natural resources and public utilities. It shall also define cases where it is permitted to dispose free of charge, of real estate property belonging to the State and the ceding of its movable property and the rules and regulations organizing such procedures.

Art.124:   Every member of the People’s Assembly shall be entitled to address questions to the Prime Minister or to any of his deputies or the Ministers or their deputies concerning matters within their jurisdiction. The Prime Minister, his deputies, the Ministers and the persons they delegate on their behalf shall answer the questions put to them by members. The member may withdraw his question at any time; this same question may not be transformed into an interpellation in the same session.

Art.125:   Every member of the People’s Assembly shall be entitled to address interpellations to the Prime Minster or his deputies or the Ministers and their deputies concerning matters within their jurisdiction. Debate on an interpellation shall take place at least seven days after its submission, except in the cases of urgency as decided by the Assembly and with the Government’s consent.

Art.126:   The Minister shall be responsible for the general policy of the State before the People’s Assembly. Each minister shall be responsible for the affairs of his ministry. The People’s Assembly may decide to withdraw its confidence from any of the Prime Minister’s deputies or from any of the Ministers or their deputies. A motion of no confidence should not be submitted except after an interpellation, and upon a motion proposed by one tenth the

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members of the Assembly. The Assembly shall not decide on such a motion until after at least three days from the date of its presentation. Withdrawal of confidence shall be pronounced by the majority of the members of the Assembly.

Art.127:   The People’s Assembly shall determine the responsibility of the Prime Minister, on a proposal by one-tenth of its members. Such a decision should be taken by the majority of the members of the Assembly. It may not be taken except after an interpellation addressed to the Government and after at least three days from the date of its presentation. In the event that such responsibility is determined, the Assembly shall submit a report to the President of the Republic including the elements of the subject, the conclusions reached on the matter and the reasons behind them. The President of the Republic may return such a report to the Assembly within ten days. If the Assembly ratifies it once again, the President of the Republic may put the subject of discord to a referendum. Such a referendum shall be held within thirty days from the date of the last ratification of the Assembly. In such a case the Assembly sessions shall be terminated. If the result of the referendum is in support of the Government, the Assembly shall be considered dissolved, otherwise, the President of the Republic shall accept the resignation of the Cabinet.

Art.128:   If the Assembly withdraws its confidence from any of the Prime Minister’s deputies or the Ministers or their deputies, he shall resign his office. The Prime Minister shall submit his resignation to the President of the Republic if he is found responsible before the People’s Assembly.

Art.129:   Any twenty members at least, of the People’s Assembly may ask for the discussion of a public question to ascertain the Government’s policy regarding such a question.

Art.130:   The members of the People’s Assembly shall be entitled to express their opinions concerning public questions before the Prime Minister or any of his deputies or of the Ministers.

Art.131:   The People’s Assembly may form an ad hoc Committee or entrust any of its committees with the inspection of the activities of any of the administrative departments or the general establishments or any executive or administrative organ or any of the public projects, for the purpose of fact - finding and informing the Assembly as to the actual financial, or administrative or economic situation thereof, or for conducting investigations into a subject related to one of the said activities. In the course of its work, such a committee shall be entitled to collect whatever evidence it deems necessary and to subpoena all those it needs. All executive and administrative bodies shall answer the demands of the committee and put under its disposal all the documents and evidence it demands for this purpose.

Art.132:   At the inaugural meeting of the ordinary session of the People’s Assembly, the President of the Republic shall deliver a statement of the general policy of the State. He may also make other statements before the Assembly. The Assembly is entitled to discuss the statement of the

President of the Republic.

Art.133:   After the formation of the Cabinet and at the inaugural meeting of the ordinary session of the People’s Assembly, the Prime Minister shall submit the programme of his Government. The People’s Assembly is entitled to discuss such a programme.

Art.134:   The Prime Minister, his deputies, the Ministers and their deputies may become members of the People’s Assembly. Those of them who are not members may attend the sessions and committee meetings of the Assembly.

Art.135:   The Prime Minister and the Ministers shall have the right to be heard in the Assembly sessions and committee meetings whenever they ask for the floor. They may ask for the assistance of the highranking officials of their choice. When taking votes a minister shall have no counted vote unless he is a member.

Art.136:   The President of the Republic shall not dissolve the People’s Assembly unless it is necessary and after a referendum of the People. In such a case, the President of the Republic shall issue a decision terminating the sessions of the Assembly and conducting a referendum within thirty days. If the total majority of the voters approve the dissolution of the Assembly, the President of the Republic shall issue the decision of dissolution. The decision dissolving the Assembly shall comprise an invitation to the electors to conduct new elections for the People’s Assembly within a period not exceeding sixty days from the date of the declaration of the referendum results. The new Assembly shall convene during a period of ten days following the completion of elections.

Part Three: The Executive Authority

First Branch: The President of the Republic

Art.137:   The President of the Republic shall assume executive power and shall exercise it in the manner stipulated in the Constitution.

Art.138:   The President of the Republic, in conjunction with the cabinet, shall lay down the general policy of the state and shall supervise its implementation in the manner prescribed in the Constitution.

Art.139:   The President of the Republic may appoint one or more Vice-Presidents define their jurisdiction and relieve them of their posts. The rules relating to the calling to account of the President of the Republic shall be applicable to the Vice-Presidents.

Art.140:   Before exercising his functions the Vice-President of the Republic shall take the following oath before the President of the Republic : " I swear by Almighty God to uphold the Republican system with loyalty to respect the Constitution and the Law, to look after the interests of the People in full and to safeguard the independence and territorial integrity of the motherland."

Art.141:   The President of the Republic shall appoint the Prime Minister, his deputies, the Ministers and their deputies and relieve them of their posts.

Art.142:   The President of the Republic shall have the right

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to convoke the Cabinet and to attend its meetings. He shall also preside over the meetings he attends and is entitled to demand reports from the Ministers.

Art.143:   The President of the Republic shall appoint the civil and military officials, and the diplomatic representatives and dismiss them in the manner prescribed by the law. He shall also accredit the diplomatic representatives of foreign states.

Art.144:   The President of the Republic shall issue the necessary regulations for the implementation of the laws in the manner that would not modify, delay, or exempt them from execution. He shall have the right to vest others with authority to issue them. The law may determine whoever issues the decision requisite for its implementation.

Art.145:   The President of the Republic shall issue control regulations.

Art.146:   The President of the Republic shall issue the decisions necessary for establishing and organizing public services and administrations.

Art.147:   In case it becomes necessary during the absence of the People’s Assembly, to take measures which cannot suffer delay, the President of the Republic shall issue decisions in this respect which have the force of law. Such decisions must be submitted to the People’s Assembly, within fifteen days from the date of issuance if the Assembly is standing or at its first meeting in case of the dissolution or recess of the Assembly. If they are not submitted, their force of law disappears with retroactive effect without having to take a decision to this effect. If they are submitted to the Assembly and are not ratified, their force of law disappears with retroactive effect, unless the Assembly has ratified their validity in the previous period or settled their effects in another way.

Art.148:   The President of the Republic shall proclaim a state of emergency in the manner prescribed by the law. Such proclamation must be submitted to the People’s Assembly within the subsequent fifteen days to take a decision upon it. In case the People’s Assembly, is dissolved the matter shall be submitted to the new Assembly at its first meeting. The state of emergency in all cases, shall be for a limited period, which may not be extended unless by approval of the Assembly.

Art.149:   The President of the Republic shall have the right of granting amnesty or commuting a sentence. General Amnesty can only be granted by virtue of a law.

Art.150:   The President of the Republic shall be Supreme Commander of the Armed Forces. He shall have the authority to declare war after the approval of the People’s Assembly.

Art.151:   The President of the Republic shall conclude treaties and communicate them to the People’s Assembly, accompanied with suitable clarifications. They shall have the force of law after their conclusion, ratification and publication according to the established procedure. However, peace treaties, alliance pacts, commercial and maritime treaties and all other treaties involving modifications in the territory of the State or having

connection with the rights of sovereignty, or which lay upon the treasury of the State certain charges not included in the budget, must acquire the approval of the People’s Assembly.

Art.152:   The President of the Republic may call a referendum of the People on important matters related to the supreme interests of the country.

Second Branch: The Government

Art.153:   The Government shall be the supreme executive and administrative organ of the State. It shall be composed of the Prime Minister, his Deputies, the Ministers and their Deputies. The Prime Minister shall supervise the work of the Government.

Art.154:   Whoever is appointed Minister or Deputy Minister must be an Egyptian, no less than 35 Gregorian years of age, and enjoying full civil and political rights.

Art.155:   Before exercising their functions, the members of the cabinet shall take the following oath before the President of the Republic: " I swear by Almighty God to uphold the Republican system with loyalty, to respect the Constitution and the law to look after the interests of the People in full and to safeguard the independence and territorial integrity of the motherland."

Art.156:   The Cabinet shall exercise in particular the following functions:

A.   Laying down the general policy of the State in collaboration with the President of the Republic and controlling its implementation in accordance with the laws and republican decrees.

B.   Directing, co-ordinating and following up the work of the ministries and their different administrations as well as public organizations and institutions.

C.   Issuing administrative and executive decisions in accordance with the laws and decrees and supervising their implementation.

D.   Preparing draft laws and decrees.

E.   Preparing the draft of the general budget of the State.

F.    Preparing the draft of the State’s overall plan.

G.   Contracting and granting loans in accordance with the rules of the Constitution.

H.   Supervising the implementation of law, maintaining State security and protecting the rights of the citizens and the interests of the State.

Art.157:   The Minister shall be the administrative supreme chief of his ministry. He shall undertake the laying down of the Ministry’s policy within the limits of the State’s General Policy and shall undertake its implementation .

Art.158:   During the term of his office, the Minister shall not practise any free profession, a commercial, or financial or industrial occupation, buy or rent any State property or lease or sell to or barter with the State any of his own

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property.

Art.159:   The President of the Republic and the People’s Assembly shall have the right to bring a Minister to trial for crimes committed by him in the performance of his duties or due to them . The decision of the People’s Assembly to charge a Minister shall be adopted upon a proposal submitted by at least one-fifth of its members . No indictment shall be issued except by a majority of two-thirds of the members of the Assembly.

Art.160:   Any minister indicted shall be suspended from his duties until his case is decided . The termination of his services shall not prevent legal action being taken or pursued against him . The trial of minister, the procedures and guarantees of the trial, and the indictment shall be in accordance with the manner prescribed by the law . These rules shall be applicable to Deputy Ministers.

Third Branch: The Local Administration

Art.161:   The Arab Republic of Egypt shall be divided into administrative units, enjoying legal person among which shall be governorates, cities and villages. Other administrative units may be established having legal person when required by common interest.

Art.162:   Local People’s Councils shall be gradually formed, on the level of administrative units by direct election half the members of whom must be farmers or workers. The law shall provide for the gradual transfer of authority to the local People’s Councils . Presidents and Vice-Presidents of the Councils shall be elected from among their members.

Art.163:   The law shall determine the way of forming the local People’s Councils, their competences, their financial resources, the guarantees for their members their relation to the People’s Assembly and to the Government as well as their role in preparing and implementing the development plan in controlling various activities.

Fourth Branch: National Specialized Councils

Art.164:   National Specialized Councils shall be established on a national level, to assist in planning the general policy of the State in all the domains of national activities. These Councils shall be under the President of the Republic. The formation and functions of each council shall be defined by a presidential decree.

Part Four: The Judiciary Authority

Art.165:   The Judiciary Authority shall be independent. It shall be exercised by courts of justice of different sorts and competences. They shall issue their judgments in accordance with the law.

Art.166:   Judges shall be independent, subject to no other authority but the law. No authority may intervene in judiciary cases or in the affairs of justice.

Art.167:   The law shall determine the judiciary organization and their competences, and shall organize the way of their formation and prescribe the conditions and measures for the appointment and transfer of their

members.

Art.168:   The status of judges shall be irrevocable. The law shall regulate the disciplinary actions with regard to them.

Art.169:   The sessions of courts shall be public, unless a court decides to hold them in camera for considerations of public order or morality. In all cases, judgments shall be pronounced in public sessions.

Art.170:   The people shall contribute to maintaining justice in accordance with the manner and within the limits prescribed by law.

Art.171:   The law shall regulate the organization of the State Security Courts and shall prescribe their competences and the conditions to be fulfilled by those who occupy the office of judge in them.

Art.172:   The State Council shall be an independent judiciary organization competent to take decisions in administrative disputes and disciplinary cases. The law shall determine its other competences.

Art.173:   A Supreme Council, presided over by the President of the Republic shall supervise the affairs of the judiciary organizations. The law shall prescribe its formation, it competences and its rules of action. It shall be consulted with regard to the draft laws organizing the affairs of the judiciary organizations.

Part Five: The Supreme Constitutional Court

Art.174:   The Supreme Constitutional Court shall be an independent judiciary body in the Arab Republic of Egypt, and having its seat in Cairo.

Art.175:   The Supreme Constitutional Court alone shall undertake the judicial control in respect of the constitutionality of the laws and regulations and shall undertake the interpretation of the legislative texts in the manner prescribed by law. The law shall prescribe the other competences of the court, and regulate the procedures to be followed before it.

Art.176:   The law shall organize the way of formation of the Supreme Constitutional Court, and prescribe the conditions to be fulfilled by its members, their rights and immunities.

Art.177:   The status of the members of the Supreme Constitutional Court shall be irrevocable . The Court shall call to account its members, in the manner prescribed by law.

Art.178:   The judgments issued by the Supreme Constitutional Court in constitutional cases, and its decisions concerning the interpretation of legislative texts shall be published in the Official Gazette. The law shall organize the effects subsequent to a decision concerning the unconstitutionality of a legislative text.

Part Six: The Socialist Public Prosecutor

Art.179:   The Socialist Public Prosecutor shall be

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responsible for taking the measures which secure the people’s rights, the safety of the society and its political regime, the preservation of the socialist achievements and commitment to socialist behaviour. The law shall prescribe his other competences. He shall be subject to the control of the People’s Assembly in accordance with what is prescribed by law.

Part Seven: The Armed Forces and The National Defence Council

Art.180:   The State alone shall establish the Armed Forces, which shall belong to the people. Their task shall be to protect the country, safeguard its territory and security, and protect the socialist achievements of popular struggle. No organization or group may establish military or semimilitary formations. The law shall prescribe the conditions of service and promotion for the armed forces.

Art.181:   General mobilization shall be organized in accordance with the law.

Art.182:   A Council named " The National Defense Council " shall be established and presided over by the President of the Republic. It shall undertake the examination of matters pertaining to the methods ensuring the safety and security of the country. The law shall establish its other competences.

Art.183:   The law shall organize military judicature, prescribe its competences within the limits of the principles prescribed by the Constitution.

Part Eight: The Police

Art.184:   Police authority shall be a civil disciplinary body. Its Supreme Chief shall be the President of the Republic . Police Authority shall perform its duty in the service of the people maintain peace and security for the citizens, preserve order, public security and morality, and undertake the implementation of the duties imposed upon it by laws and regulations, in the manner prescribed by the law.

Chapter Six: General and Transitional Provisions

Art.185:   The city of Cairo shall be the capital of the Arab Republic of Egypt.

Art.186:   The law shall prescribe the Egyptian flag and the provisions relating thereto, as well as the state emblem and the provisions relating thereto.

Art.187:   Provisions of the laws shall apply only from the date of their entry into force and shall have no retroactive effect. However, provisions to the contrary may be made, in other than criminal matters, with the approval of the majority of the members of the People’s Assembly.

Art.188:   All laws shall be published in the Official Gazette within two weeks from the date of their issuance. They shall be put into force a month after the date

following their publication unless another date is fixed for that.

Art.189:   The President of the Republic as well as the People’s Assembly may request the amendment of one or more of the articles of the Constitution. The articles to be amended and the reasons justifying such amendments shall be mentioned in the request for amendment . If the request emanates from the People’s Assembly, it should be signed by at least one third of the Assembly members . In all cases, the Assembly shall discuss the amendment in principle, and the decision in this respect shall be taken by the majority of its members. If the request is rejected, the amendment of the same particular articles may not be requested again before the expiration of one year from the date of such rejection. If the People’s Assembly approves an amendment, in principle, the articles requested to be amended shall be discussed two months after the date of the said approval. If the amendment is approved by two thirds of the members of the Assembly, it shall be referred to the people for a plebiscite. If it is approved by the people it shall be considered in force from the date of the announcement of the result of the plebiscite.

Art.190:   The term of the present President of the Republic shall be terminated at the end of six years from the date of announcing his election as President of the Arab Republic of Egypt.

Art.191:   All the provisions of the laws and regulations prior to the proclamation of this Constitution shall remain valid and in force. However, they may be repealed or amended in conformity with the rules and procedures stipulated in this Constitution.

Art.192:   The Supreme Court shall exercise its competences prescribed in the law establishing it, until the Supreme Constitutional Court is formed.

Art.193:   This Constitution shall be in force as from the date of announcing the approval of the people in this respect in the referendum.

Chapter Seven

Part One: The Shoura Assembly*

Art.194:   The Shoura Assembly is concerned with the study and proposal of what it deems necessary to preserve the principles of the July 23,1952 Revolution and the May 15, 1971 Revolution, to consolidate national unity and social peace, to protect the alliance of the working forces of the people and the socialist gains as well as the basic constituents of society, its supreme values, its rights and liberties and its public duties, and to deepen the democratic socialist system and widen its scope.

Art.195:   The Shoura Assembly shall be consulted in the following:

Proposals for the amendment of one or more articles of the Constitution. Draft laws complementary to the Constitution. Draft of the general plan for social and economic

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development. Peace treaties, alliances and all treaties affecting the territorial integrity of the State or those concerning sovereignty rights. Draft laws referred to the Assembly by the President of the Republic. Whatever matters referred to the Assembly by the President of the Republic relative to the general policy of the State or its policy regarding Arab or foreign affairs. The Assembly shall submit to the President of the Republic and the People's Assembly its opinion on such matters.

Art.196:   The Shoura Assembly shall be composed of a number of members defined by the law, not less than 132 members . Two thirds of the members shall be elected by direct secret public balloting, half of whom at least must be workers and farmers . The President of the Republic shall appoint the other third.

Art.197:   The law shall determine the electoral constituencies of the Shoura Assembly the number of members in every constituency, and the necessary conditions that should be fulfilled by the elected or appointed members of the Shoura Assembly.

Art.198:   The term of the membership of the Shoura Assembly is six years. The election and the appointment of 50% of the total number of the members, should be renewed every three years as defined by law . It is always possible to re-elect or re-appoint those whose term of membership has expired.

Art.199:   The Shoura Assembly shall elect a Speaker and two Deputy Speakers at its first ordinary annual session for a period of the three years . If one of these offices becomes vacant , the Assembly shall elect a successor for the rest of the term.

Art.200:   No member can hold office in both the People’s Assembly and the Shoura Assembly at one and the same time.

Art.201:   The Prime Minister and his Deputies , the Ministers and government officials shall not be held responsible to the Shoura Assembly.

Art.202:   The President of the Republic has the right to make a statement upon the general policy of the State or upon any other matter before a joint meeting of the People’s Assembly and the Shoura Assembly, headed by the Speaker of the People ’s Assembly. The President of the Republic has the right to make whatever statements he wishes before the Shoura Assembly.

Art.203:   The Prime Minister and the Ministers and other government officials may make statements before the Shoura Assembly or before one of its committees upon a subject that comes within their competence. The Prime Minister and his Deputies and Ministers and other government officials shall be heard by the Shoura Assembly and its committees upon their request, and they may seek the assistance of any government officials, as they see fit. However, any minister or government official shall not have a counted vote unless he is a member.

Art.204:   The President of the Republic may not dissolve the Shoura Assembly except in case of the necessity , while such a decision should comprise an invitation to electors to

hold new elections for the Shoura Assembly within a period of the sixty days from the date of its dissolution . The Assembly shall hold its first meeting within ten days from the date of its election.

Art.205:   The Provisions included in the following articles of the Constitution shall apply to the Shoura Assembly: (89,90,100,101,102,104,105,106,107,129,130,134), insofar as they are not incompatible with the provisions cited in this chapter. The Shoura Assembly and its Speaker shall exercise the competences specified in the aforementioned articles.

 Part Two: The Press Authority

Art.206:   The press is a popular, independent authority exercising its vocation in the manner stipulated in the Constitution and the law.

Art.207:   The Press shall exercise its vocation freely and independently in the service of society through all the means of expression .It shall thus interpret the trend of public opinion, while contributing to its information and orientation within the framework of the basic components of society, the safeguard of liberties, rights and public duties and the respect of the sanctity of the private lives of the citizens, as stipulated in the Constitution and defined by law.

Art.208:   The freedom of the press is guaranteed and press censorship is forbidden. It is also forbidden to threaten, confiscate or cancel a newspaper through administrative measures, as stipulated in the Constitution and defined by the law.

Art.209:   The freedom of legal persons whether public or private , or political parties to publish or own newspapers is safeguarded in accordance with the law. The financing and ownership of newspapers and the funds belonging to them, come under the supervision of the people, as stipulated in the Constitution and defined by law.

Art.210:   Journalists have the right to obtain news and information according to the regulations set by law. Their activities are not subject to any authority other than the law.

Art.211:   A Supreme Press Council shall deal with matters concerning the press . The law shall define its formation, competences and its relationship with the state authorities. The Supreme Press Council shall exercise its competences with a view to consolidating the freedom of the press and its independence, to uphold the basic foundations of society, and to guarantee the soundness of national unity and social peace as stipulated in the Constitution and defined by law.

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Egypt 1980 Constitution.

The Amendment Issue of the Constitution of the Arab Republic of Egypt

The Head of the State...  

Taking into account the results of the referendum on the amendment of the Constitution of the Arab Republic of Egypt conducted on May 22, l 980;  

The public consensus to amend the Constitution;  

And cognizant of article 189 of the Constitution;  

Hereby issues the amendment of the Constitution of the Arab Republic of Egypt according to what has been agreed upon at the referendum, to be put into effect as of the date the results of the referendum were announced. 

Mohamed Anwar El Sadat  

(Cairo-Ragab 7, 1400 Hijra-May 22, 1980 A.C.)  

CONSTITUTIONAL PROCLAMATION  

We, the people of Egypt, who have been toiling on this great land since the dawn of history and the beginning of civilisation: 

We, the people working in Egypt's villages, cities, plants, centres of education, industry and in any field of work which contributes to create life on its soil or which plays a part in the hounour of defending this land; We, the people who believe in our immortal and spiritual heritage, and who are confident in our profound faith, and cherish the honour of man and of humanity; We, the people, who in addition to shouldering the trust of history, carry the responsibility of great present and future objectives whose seeds are embedded in the long and arduous struggle,  and which hosted the flags of freedom, socialism and unity along the path of the great march of the Arab nation; 

We, the Egyptian people, in the name of God and by His assistance, pledge indefinitely and unconditionally to exert every effort to realise: 

FIRST: 

Peace to our world: 

being determined that peace should be based on justice, and that the political and social progress of all peoples can only be realised through the freedom of these peoples and their independent will, and that any civilisation is not worthy of its name unless it is free form exploitation whatever its form. 

SECOND: 

Union: 

the hope of our Arab Nation, being convinced that Arab Unity is a call of history and of the future, and a demand of destiny; and that it cannot materialise except through an Arab Nation, capable of warding off any threat, whatever the source or the pretexts for such a threat. 

THIRD: 

The constant development of life in our nation: 

Being convinced that the true challenge confronting nations is the realization of progress and that such progress does not occur automatically, or through slogans; but that the driving force behind it is the release of the potentials of creativity and inspiration in our people, who have asserted at all times their contribution to civilization and to humanity through work alone. 

Our people have passed through successive experiences, meantime offering rich experiences on the national and international level and being guided by them, which ultimately took shape in the July 23 Revolution of 1952. 

This Revolution was brought about by the alliance of the working forces of our militant people who were able, through profound and refined consciousness, to retina their original character, but at the same time move forward in a bid to realist full integration between science and faith, between political and social freedom, between national independence and social affiliation; and to participate in the worldwide struggle for the liberation of man, on the political, economic, cultural and ideological levels, and in the struggle against the forces of regression, domination an exploitation. 

FOURTH: 

Freedom for the humanity of the Egyptian man: 

Realising that man's humanity and dignity are the lights which guide and direct the course of the great development of mankind for the realisation of its supreme ideal. 

Man's dignity is a natural reflection of the nation's dignity, now that the individual is the cornerstone in the edifice of the homeland, the land that derives its strength and prestige from the value of man and his education. 

The sovereignty of law is not only a guarantee for the freedom of the individual alone, but is also at the same time the sole basis for the legality of authority. 

The alliance of the active popular powers is not a means for social strife leading towards historical development. 

In this modern age, it is a safety valve, protecting the unity of working powers in the country and eliminating, through democracy, and contradictions. 

We, the people of Egypt, out of determination, confidence and faith in all national and international responsibilities, and in acknowledgment of God's right and His Heavenly Messages, and in the right of the country and nation, as well as of the principle and responsibility of mankind, and in the name of the Almighty and His assistance, declare on the 11 Th. of September, 1971 that we accept, and grant, to ourselves this Constitution, affirming our determination to defend and protect it, and asserting our respect for it in letter and spirit.

Constitution

Of

PART ONE THE STATE

Article 1 The Arab Republic of Egypt is a democratic, socialist State based on the alliance of the working forces of

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the people. The Egyptian people are part of the Arab Nation and work for the realisation of its comprehensive unity.

Article 2 Islam is the religion of the state and Arabic its official language. Islamic jurisprudence is the principal source of legislation.

Article 3 Sovereignty is for the people alone they are the source of authority. The people shall exercise and protect this sovereignty, and safeguard national unity in the manner specified in the Constitution.

Article 4 The economic foundation of the Arab Republic of Egypt is a socialist democratic system based on sufficiency and justice in a manner preventing exploitation, conducive to liquidation of income differences, protecting legitimate  earnings, and guaranteeing the equity of the distribution of public duties and responsibilities.

Article 5 The political system of the Arab Republic of Egypt is a multiparty one, within the framework of the basic elements and principles of the Egyptian society as stipulated in the Constitution (Political parties are regulated by law).

Article 6 The Egyptian nationality is defined by the law. PART TWO  BASIC CONSTITUENTS OF THE SOCIETY CHAPTER 1 Social and Moral Constituents Article 7 Social solidarity is the basis of the society.

Article 8 The State shall guarantee equality of opportunity to all citizens.

Article 9 The family is the basis of the society founded on religion, morality and patriotism. The State is keen to preserve the genuine character of the Egyptian family-with what it embodies of values and traditions-while affirming and developing this character in the relations within the Egyptian society.

Article 10 The State shall guarantee the protection of motherhood and childhood, take care of children and youth and provide  the suitable conditions for the development of their talents.

Article 11 The State shall guarantee the proper coordination between the duties of woman towards the family and her work in the society, considering her equal with man in the fields of political, social, cultural and economic life without violation of the rules of Islamic jurisprudence.

Article 12 The society shall be committed to safeguarding and protecting morals, promoting the genuine Egyptian traditions  and abiding by the high standards of religious education, moral and national values, historical heritage of the people, scientific facts, socialist conduct and public morality within

the limits of the law. The State is committed to abiding by these principles and promoting them.

Article 13 Work is right, a duty and an honour ensured by the State. Workers who excel in their field of work shall receive the appreciation of the State and the society. No work shall be imposed on the citizens, except by virtue of the law, for the performance of a public service and in return for a fair remuneration.

Article 14 Public offices are the right of all citizens and an assignment for their occupants in the service of the people. The State guarantees their (the occupants) protection and the performance of their duties in safeguarding the interests of the people. They may not be dismissed by other than the disciplinary way, except in the cases specified by the law.

Article 15 The war veterans, those injured in war or because of it, and the wives and children of those killed shall have priority in work opportunities according to the law.

Article 16 The State shall guarantee cultural, social and health services, and work to ensure them for the villages in particular in an easy and regular manner in order to raise their standard.

Article 17 The State- shall guarantee social and health insurance services and all the citizens have the right to pensions in cases of incapacity, unemployment and old-age, in accordance with the law.

Article 18 Education is a right guaranteed by the State. It is obligatory in the primary stage and the State shall work to extend obligation to other stages. The State shall supervise all branches of education and guarantee the independence of universities and scientific research centres, with a view to linking all this with the requirements of society and production.

Article 19 Religious education shall be a principal subject in the courses of general education.

Article 20 Education in the State educational institutions shall be free of charge in its various stages.

Article 21 Combating illiteracy shall be a national duty for which all the people's energies should be mobilized.

Article 22 The institution of civil titles shall be prohibited. CHAPTER II Economic Constituents Article 23 The national economy shall be organised in accordance with a comprehensive development plan which ensures raising the national income, fair distribution, raising the standard of living, eliminating unemployment, increasing work opportunities, connecting wages with production, fixing a minimum and a maximum limit for wages in a manner which guarantees lessening the disparities between incomes.

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Article 24 The people shall control all the means of production and direct their surplus in accordance with the development plan laid down by the State.

Article 25 Every citizen shall have a share in the national revenue to be defined by the law in accordance with his work or his unexploiting ownership Article 26 The workers shall have a share in the management and profits of the projects. They are committed to the development of production and the implementation of the plan in their production units, in accordance with the law. protecting the means of production is a national duty. Workers shall be represented on the boards of directors of the public sector units by at least 50% of the number of members of these boards. The law shall guarantee for the small farmers and small craftsmen 80% of the membership on the boards of directors of the agricultural CO-operatives and industrial cooperatives.

Article 27 Beneficiaries shall participate in the management of the services projects of public interest and their supervision in accordance with the law.

Article 28 The State shall look after the CO-operative establishments in all their forms and encourage handicrafts with a view to developing production and raising income. The State shall endeavour to consolidate the agricultural cooperatives according to modern scientific bases.

Article 29 Ownership shall be under the supervision of the people and the protection of the State. There are three kinds: public ownership, cooperative ownership and private ownership.

Article 30 Public ownership is the ownership of the people and it is confirmed by the continuous consolidation of the public sector. The Public sector shall be the vanguard of progress in all spheres and shall assume the main responsibility in the development plan.

Article 31 Co-operative ownership is the ownership of the co-operative societies. The law guarantees its protection and self-management.

Article 32 Private ownership shall be represented by the unexploiting capital. The law organises the performance of its social function in the service of national economy within the framework of the development plan without deviation or exploitation. it may not be in conflict, in the ways of its use, with the general welfare of the people.

Article 33 Public ownership shall have its sanctity, and its protection and consolidation is the duty of every citizen in accordance with the law, as it is considered the mainstay of the strength of the homeland, a basis for the socialist system and a source of prosperity of the people.

Article 34 Private ownership shall be safeguarded and may not be put under sequestration except in the cases specified in the law and with a judicial decision. It may not be expropriated except for the general good and against a fair compensation in accordance with the law. The right of inheritance is guaranteed in it.

Article 35 Nationalisation shall not be allowed except for considerations of public interest, in accordance with a law and against a compensation.

Article 36 General sequestration of funds shall be prohibited. Private sequestration shall not be allowed except with a judicial decision.

Article 37 The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural labourer from exploitation and asserting the authority of the alliance of the people's working powers at the level of the village.

Article 38 The tax system shall be based on social justice.

Article 39 Saving is a national duty protected, encouraged and organised by the State.   PART THREE  PUBLIC FREEDOMS, RIGHTS AND DUTIES Article 40 All citizens are equal before the law. They have equal public rights and duties without discrimination between them due to race, ethnic origin, language, religion or creed.

Article 41 Individual freedom is a natural right and shall not be touched. Except in cases of a flagrant delicate no person may be arrested, inspected, detained or his freedom restricted or prevented from free movement except by an or necessitated by investigations and preservation of the security of the society. This order shall be given by the competent judge or the Public Prosecution in accordance with the provisions of the law. The law shall determine the period of custody.

Article 42 Any person arrested, detained or his freedom restricted shall be treated in the manner concomitant with the preservation of his dignity. No physical or moral harm is to be inflicted upon him. He may not be detained or imprisoned except in places defined by laws organising prisons. If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be considered invalid and futile.

Article 43 Any medical or scientific experiment may not be undergone on any person without his free consent.

Article 44 Homes shall have their sanctity and they may not be entered or inspected except by a causal judicial warrant prescribed by the law.

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Article 45 The law shall protect the inviolability of the private life of citizens. Correspondence, wires, telephone calls an other means of communication shall have their own sanctity and secrecy and may not be confiscated or monitored except by a causal judicial warrant and for a definite period according to the provisions of the law.

Article 46 The State shall guarantee the freedom of belief and the freedom of practice of religious rites.

Article 47 Freedom of opinion is guaranteed. Every individual has the right to express his opinion and to publicise it verbally or in writing or by photography or by other means within the limits of the law. Self-criticism and constructive criticism is the guarantee for the safety of the national structure.

Article 48 Freedom of the press, printing, publication and mass media shall be guaranteed. Censorship on newspapers is forbidden as well as notifying, suspending or cancelling them by administrative methods. In a state of emergency or in time of war a limited censorship may be imposed on the newspapers, publications and mass media in matters related to public safety or purposes of national security in accordance with the law.

Article 49 The State shall guarantee the freedom of scientific research and literary, artistic and cultural invention and provide the necessary means for its realisation.

Article 50 No citizen may be prohibited from residing in any place and no citizen may be forced to reside in a particular place, except in the cases defined by the law.

Article 51 No citizen may be deported from the country or prevented from returning to it.

Article 52 Citizens shall have the right to permanent or temporary immigration. The law shall regulate this right and the measures and conditions of immigration and leaving the country.

Article 53 The right to political asylum shall be guaranteed by the State for every foreigner persecuted for defending the peoples' interests, human rights, peace or justice. The extradition of political refugees is prohibited.

Article 54 Citizens shall have the right to peaceable and unarmed private assembly, without the need for prior notice. Security men should not attend these private meetings. Public meetings, processions and gatherings are allowed within the limits of the law.

Article 55 Citizens shall have the right to form societies as defined in the law. The establishment of societies whose activities are hostile to the social system, clandestine or have a military character is prohibited.

Article 56 The creation of syndicates and unions on a democratic basis is a right guaranteed by law, and should have a moral entity. The law regulates the participation of syndicates and unions in carrying out the social programmes and plans, raising the standard of efficiency, consolidating the socialist behavior among their members, and safeguarding their funds. They are responsible for questioning their members about their behavior in exercising their activities according to certain codes of morals, and for defending the rights and liberties of their members as defined in the law.

Article 57 Any assault on individual freedom or on the inviolability of private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law shall be considered a crime, whose criminal and civil lawsuit is not liable to prescription. The State shall grant a fair compensation to the victim of such an assault.

Article 58 The defense of the motherland is a sacred duty, and conscription is obligatory in accordance with the law.

Article 59 Safeguarding, consolidating and preserving the socialist gains is a national duty.

Article 60 Protecting national unity and keeping State secrets is the duty of every citizen.

Article 61 Payment of taxes and public imports is a duty, in accordance with the law.

Article 62 Citizens shall have the right to vote, nominate and express their opinions in referendums according to the provisions of the law. Their participation in public life is a national duty.

Article 63 Every individual has the right to address public authorities in writing and with his own signature. Addressing public authorities should not be in the name of groups, with the exception of disciplinary organs and moral personalities.   PART FOUR SOVEREIGNTY OF THE LAW  Article 64 Sovereignty of the law shall be the basis of rule in the State.

Article 65 The State shall be subject to law. The independence and immunity of the judiciary are two basic guarantees to safeguard rights and liberties.

Article 66 Penalty shall be personal. There shall be no crime or penalty except by virtue of the law. No penalty shall be inflicted except by a judicial sentence. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing them.

Article 67 Any defendant is innocent until he is proved guilty before a legal court, in which he is granted the right to defend himself. Every person accused of a crime must be provided with counsel for his defense.

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Article 68 The right to litigation is inalienable for all, and every citizen has the right to refer to his competent judge. The State shall guarantee the accessibility of the judicature organs to litigants, and the rapidity of statuting on cases. Any provision in the law stipulating the immunity of any act or administrative decision from the control of the judicature is prohibited.

Article 69 The right of defense in person or by mandate is guaranteed. The Law shall grant the financially incapable citizens the means to resort to justice and defend their rights.

Article 70 No penal lawsuit shall be sued except by an order from a judicature organ and in cases defined by the law.

Article 71 Any person arrested or detained should be informed, forthwith with the reasons for his arrest or detention. He has the right to communicate, inform, and ask the help of anyone as prescribed in the law. He must be faced, as soon as possible, with the charges directed against him. Any person may lodge a complaint to the courts against any measure taken to restrict his individual freedom. The law regulates the right of complaint in a manner ensuring a ruling regarding it within a definite period, or else release is imperative.

Article 72 Sentences shall be passed and executed in the name of the people. Likewise, refraining to execute sentences or obstructing them on the part of the concerned civil servants Is considered a crime punishable by law. In this case, those whom the sentence is in favour of, have the right to sue a direct penal lawsuit before the competent court.   Part Five  System of Government CHAPTER ONE The Head of State Article 73 The Head of State is the President of the Republic. He shall assert the sovereignty of the people, respect the Constitution and the supremacy of the law, safeguard the national unity and the socialist gains, and maintain the boundaries between authorities in a manner to ensure that each shall perform its role in the national action.

Article 74 If any danger threatens the national unity or the safety of the motherland or obstructs the constitutional role of the State institutions, the President of the Republic shall take urgent measures to face this danger, direct a statement to the people and conduct a referendum on these measures within sixty days of its adoption.

Article 75 The person to be elected President of the Republic must be an Egyptian born to Egyptian parents and enjoy civil and political rights. His age must not be less than 40 Gregorian years.

Article 76 The People's Assembly shall nominate the President of the Republic. The nomination shall be referred to the people for a plebiscite. The nomination to the post of President of the Republic shall be made in the People's Assembly upon the

proposal of at least one third of its member. The candidate who wins two-thirds of the votes of the Assembly members shall be referred to the people for a plebiscite. If none of the candidates obtains the said majority the nomination process shall be repeated two days after the first vote. The candidate winning the votes with an absolute majority of the Assembly members shall be referred to the citizens for a plebiscite. The candidate shall be considered President of the Republic when he obtains an absolute majority of the votes cast in the plebiscite. If the candidate does not obtain this majority, the Assembly shall nominate another candidate and the same procedure shall be followed.

Article 77 The term of the Presidency is six Gregorian years starting from the date of the announcement of the result of the plebiscite. The President of the Republic may be re-elected for other successive terms.

Article 78 Procedures for the choice of a new President of the Republic shall begin sixty days before the expiration of the term of the President in office. The new President shall be selected at least one week before the expiration of the term. Should this term expire without the choice of the new President being made for any reason whatsoever, the former President shall continue to exercise his functions until his successor is elected.

Article 79 Before exercising his powers, the President shall take the following oath before the People's Assembly. "I swear by Almighty God to uphold the Republican system with loyality, to respect the Constitution and the law, to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland".

Article 80 The salary of the President of the Republic shall be fixed by law. Any amandment in the salary shall not come into force during the Presidential term in which it is decided upon. The President of the Republic may not receive any other salary or remuneration.

Article 81 During his term the President of the Republic may not exercise any free profession or undertake any commercial, financial or industrial activity. Nor may he acquire or take on lease any State property, sell to or exchange with the State any property of his whatsoever.

Article 82 If on account of any temporary obstacle the President of the Republic is unable to carry out his functions, he shall delegate his powers to a vice-president.

Article 83 In case of resignation, the President shall address the letter of resignation to the People's Assembly.

Article 84 In case of the vacancy of the Presidential Office or the permanent disability of the President of the Republic, the President of the People's Assembly shall temporarily assume

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the Presidency; and, if at that time, the People's Assembly is dissolved, the President of the Supreme Constitutional Court shall take over the Presidency, however, on condition that neither one shall nominate himself for the Presidency. The People's Assembly shall then proclaim the vacancy of the office of President. The President of the Republic shall be chosen within a maximum period of sixty days from the day of the vacancy of the Presidential Office.

Article 85 Any charge against the President of high treason or of committing a criminal act shall be made upon a proposal by at least one-third of the members of the People's Assembly. No impeachment shall be issued except upon the approval of a majority of two-thirds of the Assembly members. The President shall be suspended from the exercise of his duty as from the issuance of the impeachment. The Vice-President shall take over the Presidency temporarily until the decision concerning the impeachment is taken. The President of the Republic shall be tried by a special tribunal set up by law. The law shall also organise the trial procedures and define the penalty. If he is found guilty, he shall be relieved of his post, without prejudice to other penalties. CHAPTER II THE LEGISLATURE The People's Assembly Article 86 The People's Assembly shall exercise the legislative power and approve the general policy of the State, the general plan of economic and social development and the general budget of the State. It shall exercise control over the work of the executive authority in the manner prescribed by the Constitution.

Article 87 The law shall determine the constituencies into which the State shall be divided and the number of elected members of the People's Assembly must be at least 350 persons, of which one half at least must be workers and farmers elected by direct secret public balloting. The definition of the worker and the farmer shall be made by law. The President of the Republic may appoint a number of members not exceeding ten.

Article 88 The necessary conditions stipulated in the members of the People's Assembly shall be defined by law. The rules of election and referendum shall be determined by law, while the ballot shall be conducted under the supervision of members of a judiciary organ.

Article 89 Employees of the State and of the public sector nominate themselves for membership in the People's Assembly. The member of the people's Assembly shall devote himself to membership in the Assembly except in cases specified by law. His post or work shall be held over for him in accordance with the provisions of the law.

Article 90 The member of the People's Assembly shall take the following oath before the Assembly before entering upon his duties: "I swear by God Almighty, that I shall preserve the

safety of the nation and the Republican regime, shall attend to the interests of the people and shall respect the Constitution and law".

Article 91 Members of the People's Assembly shall receive a remuneration determined by the law.

Article 92 The duration of the People's Assembly term is five Gregorian years from the date of its first meeting. Elections for renewal of the Assembly shall take place within the sixty days preceding the termination of the term.

Article 93 The People's Assembly shall be the only authority competent to decide upon the validity of its members. A Court of Causation shall be competent to investigate the validity of contestation presented to the Assembly, on being referred to it by the President of the Assembly. The contestation shall be referred to the Court of Cassation within fifteen days as from the date on which the Assembly was informed of it, while the investigation shall be completed within ninety days from the date on which the contestation is referred to the Court of Cassation. The result of the investigation and the decision reached by the Court shall be submitted to the Assembly to decide upon the validity of the contestation within sixty days from the date of submission of the result of the investigation to the Assembly. The membership will not be deemed invalid except by a decision taken by a majority of two-thirds of the Assembly members.

Article 94 If the seat of a member becomes vacant before the end of his term, a successor shall be elected or appointed to it, within sixty days from the date of the communication to the Assembly of the occurrence of the vacancy. The term of the new member shall extend until the end of the term of his predecessor.

Article 95 No member of the People's Assembly shall, during his mandate, purchase or rent any State property; or lease or sell to the State or barter with it regarding any part of his property, or conclude a contract with the State in his capacity as entrepreneur, importer or contractor.

Article 96 No membership in the People's Assembly shall be revoked except on the grounds of loss of confidence or status or of one of the conditions of membership, or the loss of the member's status as a worker or farmer upon which he was elected or the violation of the member's mandate. The membership shall be deemed invalid on the grounds of a decision taken by a majority of two-thirds of the Assembly members.

Article 97 The People's Assembly alone may accept the resignation of its members .

Article 98 Members of the People's Assembly shall not be censured for any opinions or thoughts expressed by them in

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the performance of their tasks in the Assembly or its committees.

Article 99 No member of the People's Assembly shall be subject to a criminal prosecution without the permission of the Assembly except in cases of flagrant delicto. If the Assembly is not in session, the permission of the President of the Assembly must be taken. The Assembly must be notified of the measures taken in its first subsequent session.

Article 100 The seat of the People's Assembly shall be Cairo. However, in exceptional circumstances, it may meet another city, at the request of the President of the Republic or the majority of the Assembly members. Any meeting of the Assembly in other than its designated seat is illicit and the resolutions passed in it shall be considered invalid.

Article 101 The President of the Republic shall convoke the People's Assembly for its ordinary annual session before the second Thursday of November. If it is not convoked, the Assembly shall meet, by force of the Constitution, on the said day. The session of the ordinary meeting shall continue for at least seven months.

Article 102 The President of the Republic may call the People's Assembly to an extraordinary meeting, in case of necessity, or upon a request signed by a majority of the Assembly members. The President of the Republic shall announce the dismissal of the extraordinary meeting.

Article 103 The People's assembly shall elect, in the first meeting of its ordinary annual session, a president and a vice-president for the term of the session. If the seat of anyone of them is vacated, the Assembly shall elect a replacement, whose term will last until the end of his predecessors term.

Article 104 The People's Assembly shall lay down its own rules of procedure organising the manner of the fulfilment of its tasks.

Article 105 The people's Assembly alone shall be entitled to preserve order inside it. The President of the Assembly shall be entrusted with this task.

Article 106 The meetings of the People's Assembly shall be public. However, a meeting in camera may be held at the request of the president of the Republic or of the government or of its Prime Minister or at least twenty of its members. The Assembly shall then decide whether the debate on the question submitted to it shall take place in a public meeting or in a meeting in camera.

Article 107 The meeting of the Assembly shall be considered invalid if the majority of its members are not present. The resolution of the Assembly shall be adopted by an absolute majority of the attending members, in cases other than those

for which a specific majority is required. Every article of the draft laws shall be put to a vote. In case of a tie vote, the question on which the debate had taken place shall be rejected.

Article 108 The president of the Republic shall have the right, in case of necessity or in exceptional cases and on the authorisation of the People's Assembly upon the approval of a majority of two thirds of its members, to issue resolutions having the force of law. The authorisation must be for a limited period of time during which the subjects of the resolutions and the grounds upon which they are based, must be determined. The resolutions must be submitted to the People's Assembly in the first meeting after the end of the authorisation period. If they are not submitted or if they are submitted and not approved by the Assembly, they shall cease to have the force of law.

Article 109 The President of the Republic and every member of the People's Assembly shall have the right to propose laws.

Article 110 Every draft law shall be referred to a committee of the Assembly which will study it and submit a report concerning it. Draft laws presented by members of the People's Assembly shall not be referred to this committee unless they are first referred to a special committee which will study them and give an opinion on the suitability of their consideration by the Assembly and after the Assembly decides to consider them.

Article 111 Every draft law proposed by a member and rejected by the Assembly cannot be presented again in the course of the same session.

Article 112 The president of the Republic shall have the right to promulgate laws or object to them.

Article 113 If the President of the Republic objects to a draft law ratified by the People's Assembly he shall refer it back to the Assembly within thirty days from the Assembly's communication of it. If the draft law is not referred back within this period, it is considered a law shall be promulgated. If it is referred back to the Assembly on the said date and approved once again by a majority of two- thirds of the members, it shall be considered a law and shall be promulgated.

Article 114 The people's Assembly shall approve the general plan for economic and social development. The manner of the preparation of the plan and of its submission to the people's Assembly shall be determined by law.

Article 115 The draft general budget shall be submitted to the people's Assembly at least two months before the beginning of the fiscal year. It shall be considered in effect after approval. The draft budget shall be voted upon title by title and shall be promulgated by a law. The people's Assembly may not effect

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any modification in the draft budget except with the approval of the government. In case the ratification of the new budget does not take place before the beginning of the fiscal year, the old budget shall be acted on pending such ratification. The manner of the preparation of the budget as well as the determination of the fiscal year shall be determined by law .

Article 116 The approval of the people's Assembly shell be considered necessary for the transfer of any funds one title of the budget to another title, as well as for any expenditure not included in it or excess of its estimates, and this shall be issued by a law.

Article 117 The provisions regulating the budgets and accounts of public organisations and organisms shall be prescribed by law.

Article 118 The final account of the State budget shall be submitted to the people's Assembly within a period not exceeding one year from the date of the expiration of the fiscal year. It shall be voted-upon title by title and issued by a law. The annual report of the Central Agency for Accounting and its observations must be submitted to the People's Assembly. The Assembly has the right to demand from the Central Agency for Accounting any data or other pertinent reports.

Article 119 The imposition, modification or abolition of general taxes cannot be effected except in the cases decreed by law. No one may be exempted from their payment except in the cases specified by law. No one may be asked to pay additional taxes or imposts except in the cases specified by law.

Article l20 The basic rules for collection of public funds and the procedure for their disbursement shall be regulated.

Article l21 The Executive Authority shall not contract a loan or bind itself to a project entailing expenditure of funds from the State Treasury in the course of a subsequent period, except with the approval of the People's Assembly.

Article 122 The rules governing the granting of salaries, pensions, indemnities, subsides and bonuses from the state Treasury shall be determined by law which shall also regulate the cases excepted from these rules, and the authorities charged with their application.

Article 123 The rules and procedures for granting concessions relating to investment of the sources of natural wealth and of public utilities shall be determined by law; disposal, free of charge, of real estate properties belonging to the State or the ceding of moveable properties of the State and the rules and problems relating to them shall also be determined by law.

Article 124 Every member of the People's Assembly shall be entitled to address questions to the Prime Minister or any of

his deputies or the Ministers or their deputies concerning matters within their jurisdiction. The Prime Minister, his deputies, the Ministers and the persons they delegate on their behalf shall answer the questions put to them by members. The member may withdraw his question at any time; this same question may not be transformed into an interpellation in the same session.

Article 125 Every member of the People's Assembly shall be entitled to address Inteprellations to the Prime Minister or his deputies or the Ministers or their deputies concerning matters within their jurisdiction. Debate on an interpllation shall take place at least seven days after its submission, except in the cases of urgency as decided by the Assembly and with the government's consent.

Article 126 The Ministers shall be responsible collectively for the general policy of the State before the People's Assembly; also every Minister shall be responsible for the acts of his Ministry. The People's Assembly may decide to withdraw its confidence from any of the Prime Minister's deputies or from many of the Ministers or their deputies. A motion of no confidence should not be submitted except after an interpellation. Such a motion should be proposed by one-tenth of the Assembly's members. The Assembly should not decide on such a motion until after at least three days from the date of its presentation.

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Iraq 1925

Constitution of the Kingdom of Iraq

Constitution of the Kingdom of Iraq March 21, 1925, as amended July 29, 1925. [Translation] (1) In the name of God, the Merciful, the Compassionate! We, King of Iraq, As a result of the decision of the Constituent Assembly, have confirmed our constitution and have ordered its promulgation. Introduction Art. 1. This law shall be known as «The Iraq constitution»; its provisions shall be in force in all parts of the Kingdom of Iraq. Art. 2. Iraq is a sovereign State, independent and free. Her territories are indivisible and no portion thereof may be given up. Iraq is a constitutional hereditary monarchy with a representative Government. Art. 3. The city of Baghdad shall be the capital of Iraq. In case of necessity, another place may be selected as capital, in accordance with the provisions of a law. Art. 4. The flag of Iraq shall be of the following shape and dimensions: - The length of the flag shall be double its breadth. It shall be divided horizontally into three colours of equal size and parallel to each other, the upper section being black, the others white and green respectively. On the side of the staff there shall be a red trapezoid, the greater base of which shall be equal to the breadth of the flag and the lesser base equal to the breadth of the white section, the height being equal to one quarter of the length of the flag. In the centre there shall be two white stars of seven points each, in a perpendicular position, parallel to the staff. The position of the flag, and the arms, insignia and decorations of the State shall be determined in accordance with special laws. Part I. The Rights of the People Art. 5. Iraq nationality shall be defined by a special law and will be acquired or lost in accordance with the terms thereof. Art. 6. There shall be no differentiation in the rights of Iraqis before the law, whatever differences may exist in language, race or creed. Art. 7. There shall be no violation of, or interference with, the personal liberty of any of the inhabitants of Iraq. None of them shall be arrested, detained, punished or obliged to change their place of residence, or be placed in bonds, or compelled to serve in the armed forces, except in conformity with law. Torture and the deportation of Iraqis from the Kingdom of Iraq are absolutely forbidden. Art. 8. The inviolability of all places of residence is guaranteed. They may not be entered or searched except in such circumstances and in such manner as may be prescribed by law. Art. 9. No person shall be prevented from having recourse to the courts, nor be obliged to have recourse to a court other than the court competent to deal with his case, except in accordance with law. Art. 10. All rights of ownership shall be safeguarded. No forced loans may be imposed, nor may any real or personal property be sequestrated, nor any prohibited article

confiscated, except in conformity with law. All unpaid forced labour and general confiscation of movable or immovable property are absolutely forbidden. There shall be no expropriation of the property of any person except in the public interest, and in such circumstances and in such manner as may be prescribed by law, and on condition that just compensation be paid. Art. 11. No tax may be imposed except in accordance with law, the provisions of which shall apply to all classes of the people. Art. 12. Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law. Art. 13. Islam is the official religion of the State. Freedom to practise the rites; of the different sects of that religion, as observed in Iraq, is guaranteed. Complete freedom of conscience and freedom to practise the various forms of worship, in conformity with accepted customs, is guaranteed to all inhabitants of the country provided that such forms of worship do not conflict with the maintenance of order and discipline or public morality. Art. 14. All Iraqis shall have the right of presenting petitions and memorials to the King, Parliament and the public authorities, setting forth complaints, whether relating to matters where they are personally concerned or to matters of public interest, in such circumstances and in such manner as may be prescribed by law. Art. 15. All postal and telegraphic correspondence and all telephonic communications shall be secret and free from censorship or detention, except in such circumstances and in such manner as may be prescribed by law. Art. 16. The various communities shall have the right of establishing and maintaining schools for the instruction of their members in their own tongues, provided that such instruction is carried out in conformity with such general programmes as may be prescribed by law. Art. 17. Arabic shall he the official language, except as may be prescribed by it special law. Art. 18. Iraqis shall be equal in status, as regards the enjoyment of their rights and the discharge of their obligations. Government appointments shall be bestowed upon them alone, to each one without discrimination, in accordance with his capacity and fitness. No persons other than Iraqis shall be employed in Government appointments, except in such exceptional circumstances as may be prescribed by a special law. Foreigners who must or may be employed in accordance with treaties and agreements shall not come within the scope of this article. Part II. The Prerogatives of the Crown Art. 19. The sovereignty of the constitutional Kingdom of Iraq resides in the people. It. is a trust confided by them to King Faisal, son of Husain, and to his heirs after him. Art. 20. The Heir Apparent shall be the eldest son of the King, in direct line, in accordance with the provisions of the law of succession. Art. 21. On accession to the throne, the King shall swear an oath before a joint meeting of the Chamber of Deputies and the Senate, which shall be presided over by the president of the Senate, that he will observe the terms of the constitution, preserve the independence of the country and strive faithfully to further the interests of both country and people.

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Art. 22. The King shall attain his majority on completion of the 18th year. In the event of the throne passing to a person below that age, the King's prerogatives shall be exercised by a Regent chosen by the former King, until such time as the King attains his majority. The Regent, however, may not assume this dignity, nor carry out the functions thereof, unless Parliament approves of his appointment. Should Parliament not approve, or should the former King fail to appoint a Regent, the Regent shall be appointed by Parliament. The Regent shall swear an oath before Parliament, as prescribed in the preceding article. Until such time as the Regent has been appointed and has token the oath, the constitutional prerogatives of the King shall be exercised by the Council of Ministers on behalf of the people of Iraq, the council being responsible therefor. No modification may be introduced into the constitution during the regency concerning the King's prerogatives and succession to the throne. Whenever the necessity for the appointment of a Regent arises, Parliament shall be convoked immediately. Should the Chamber of Deputies be dissolved, and the election of the new chamber be not yet completed, the former chamber shall be convoked for this purpose. Art. 23. The King may absent himself from Iraq in case of need, subject to the passing and publication of a resolution of the Council of Ministers to that effect. Before his departure from Iraq, the King shall with the approval of the Council of Ministers appoint a Regent or Council of Regency, and define the prerogatives which he confers upon him or them. Neither the Regent nor any member of the Council of Regency shall exercise any of the royal prerogatives, until he has taken the oath prescribed in article 21 of the constitution. The oath shall be sworn before Parliament, if in session, in the manner prescribed by article 21 above. Otherwise it shall be sworn before the Council of Ministers, in the presence of both the presidents of the Senate and of the Chamber of Deputies, or persons acting on their behalf. No Minister may act as Regent or member of the Council of Regency. If a member of Parliament is appointed Regent or member of the, Council of Regency, he may not carry out his parliamentary duties while acting in that capacity. Should the King's absence extend over a period exceeding 4 months and Parliament not be in session, it shall be convoked forthwith, in order to deal with the matter. The Regent or member of the Council of Regency must be of Iraq nationality and must not be less than 30 years of age, but, a male relative of the King who has completed his 18th year may also, be appointed. Art. 24. The King may not ascend a throne outside Iraq, except with the consent of Parliament. Art. 25. The King is safeguarded and is not responsible. Art. 26.

1. The King is the supreme head of the State. He confirms laws, orders their promulgation and supervises their execution. By his order regulations are drawn up for the purpose of giving effect to the terms of laws, in so far as such laws contain provisions therefor.

2. The King issues orders for the holding of general elections to the Chamber of Deputies and for the convocation of Parliament. He opens Parliament, adjourns, prorogues or dissolves it, in accordance with the provisions of this law.

3. Should necessity arise, when Parliament is not sitting, for taking urgent measures for the maintenance of order and public security, or to ward off a public, danger, or for the urgent expenditure of public moneys not authorised by the budget or by special law, or for the fulfilment of treaty obligations the King shall have the right of issuing ordinances, with the concurrence of the Council of Ministers, having the force of law, directing that the necessary steps shall be taken according to circumstances, provided that they are not contrary to the provisions of this constitution Such ordinances must all be laid before Parliament at its first session, with the exception of those issued for the purpose of fulfilling treaty obligations approved by Parliament or the Constituent Assembly. Should Parliament not approve these ordinances, the Government must declare them to be no longer operative and they shall be considered to be abrogated as from the date of such declaration. Such ordinances shall be signed by all Ministers. The word «law» shall include ordinances issued in accordance with the provisions of this article, unless the text contains anything to the contrary.

4. The King concludes treaties. He may not ratify them, however, until they have been approved by Parliament.

5. The King select. the Prime Minister, and upon the recommendation of the latter appoints Ministers and accepts their resignation from office.

6. The King appoints the members of the Senate and accepts their resignation from office.

7. The King, upon the proposal of the responsible Minister, appoints and dismisses all diplomatic representatives, civil officials, qadhis and civil judges, and bestows military rank, unless, ill accordance with special regulation, he delegates that power to some other authority. He also has the right of conferring honours and titles and similar marks of distinction.

8. The King is Commander-in-chief of all the armed forces. He declares war subject to the consent of the Council of Ministers. He concludes treaties of peace, provided that, he shall not definitely ratify them until approved by Parliament. He may also proclaim martial law to be in force, subject to the provisions of this law.

9. The coinage shall be struck in the King's name. 10. The death sentence shall not be, carried out until

confirmed by the King. The King may reduce sentences or remit them by special pardon. He may also pronounce a general amnesty subject to the consent, of both assemblies.

Part III. The Legislature Art. 27. The King shall exercise his powers by means of Royal Iradas [Decrees]. They shall issue upon the proposal of the responsible Minister or Ministers with the concurrence of the Prime Minister, and shall be, signed by them. Art. 28. Legislative power is vested in Parliament and the King. Parliament is composed of the Senate and the Chamber of Deputies.

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The legislature has the right of making laws and of amending and repealing them in conformity with the provision, of this law. Art. 29. The King shall open Parliament in person or depute the Prime Minister or one of the Ministers for that purpose to perform the opening ceremony and deliver the speech from the throne. Art. 30. No person may become a member of the Senate or Chamber of Deputies

1. Who is not a national of Iraq. 2. Who claims foreign nationality or protection. 3. Who is less than 30 years of age in the case of

deputies and less than 40 years of age in the case of senators.

4. Who has been adjudicated bankrupt and has not been legally rehabilitated.

5. Who has been interdicted, such interdiction being still in force.

6. Who has lost his civil rights. 7. Who has been sentenced to a. term of imprisonment,

for a period not less than 1 year in respect of any offence not of a political nature, or has been sentenced to any imprisonment for theft, bribery, breach of trust, forgery, fraud or any other crime incompatible with personal honour.

8. Who has a material interest direct or indirect in any contract with a public department of Iraq, unless such interest arises from his being a shareholder in a company composed of more than 25 persons. Farmers of land tax and lessees of Government «mulk» (2) and «miri» (3) lands shall be excepted from the operation of this clause.

9. Who is a lunatic or an idiot. 10. Who is related to the King in such degree as may be

prescribed by special law:Provided always that no person may be a member of both assemblies at the same time.

Art. 31. The Senate shall be composed of not more than 20 members, appointed by the King, from among persons whose conduct has secured the confidence and esteem of the public and those who have served the State and nation with distinction in the past. Art. 32. The term of membership of the Senate shall be 8 years, half the Senators retiring every 4 years, such retiring Senators being eligible for re-appointment. On the occasion of the first change being made, the first half shall be selected by lot. Art. 33. The president and vice-president shall be elected by the assembly from among their number for a period of 1 year subject to confirmation by the King. They shall be eligible for re-election. Art. 34. The Senate shall assemble and disperse at the same time as the Chamber of Deputies. Art. 35. A member of the Senate, in addition to travelling expenses, shall receive an annual allowance of 5,000 rupees for each ordinary session only, and a sum of 1,250 rupees for every mouth in prolongation of such session or for every month of an extraordinary session. Art. 36. The Chamber of Deputies shall be constituted by election of the basis of 1 deputy for every 20,000 males. Art. 37. The method of election to the Chamber of Deputies shall be prescribed by a special law based on the principle of

the secret ballot and the necessity for the representation non-Islamic minorities. Art. 38. The term of the Chamber of Deputies shall be for 4 ordinary sessions, each year 1 session beginning on the 1st Day of November following the elections. If the 1st of that month fails on an official holiday, then from the day following, subject to the terms of paragraph (2) of article 26, dealing with the dissolution of the chamber. Art. 39. The King shall convoke the chamber for its ordinary sittings in the capital on the 1st day of November of each year, in accordance the terms of article 38. Should the chamber not be so convoked on that day, it shall meet of its own accord. Thereupon it shall commence its ordinary session, which shall extend for 4 months, unless the King has dissolved the chamber before the expiration of that period, or has extended the duration of the session to facilitate the completion of urgent business. Should the duration of the session be so extended, such session may not exceed a total period of 6 months. The chamber may adjourn from time to time according to the internal regulations of the chamber. It shall also adjourn its sittings if the King shall so order not more than 3 times in any session, for periods which shall not exceed a total period of 2 months. In computing the period of the session the time covered by the said adjournments shall not be counted. Art. 40.

1. In the event of a dissolution of the chamber, fresh elections must. be held. The new chamber shall be convoked in extraordinary session within a period not exceeding 4 months from the date of dissolution. This session shall be held in accordance with the terms of article 39 of this law relating to adjournment and extension. Such session must be prorogued on the 31st October in any event, in order that the first ordinary session of the period mentioned above may begin at the beginning of November. If the extraordinary session occurs in the months of November and December, such session shall be considered the first ordinary session of that period. If the Chamber of Deputies is dissolved for any special reason, the new chamber may not. be dissolved for the same reason.

2. When not in ordinary session, the King may convoke Parliament for an extraordinary session to deal with matters referred to in the order of convocation. Such session shall be prorogued by Royal Irada.

Art. 41. A former deputy is eligible for re-election. Art. 42. Every male Iraqi who has completed his 30th year and is not under any of the disqualifications set out in article 30, is eligible for membership of the Chamber of' Deputies. He may represent only one of the constituencies to be prescribed by the electoral law. In the event of a person being elected for more than one constituency, he must choose the constituency which he desires to represent, within a period of 8 days from the date on which he is informed. Officials who are elected have the right of deciding whether they will accept membership or not. With the exception of Ministers, those who decide to become members must give up their Government appointments during the period of membership. Art. 43. The Chamber of Deputies shall settle any question connected with the qualifications requisite for the election of

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deputies, including objections raised against. their election. It shall also deal with matters relating to vacancies and resignations. Art. 44. The Chamber of Deputies shall elect a president, two vice-presidents and two secretaries from among their number each year, during the first sitting of the chamber. The result of this election shall be made known to the King and shall be confirmed by him. When necessary, one of the vice-presidents shall act for the president. Art. 45. Every member of the Chamber of Deputies has the right to propose the enactment of a draft law, except in what concerns; the financial matters referred to hereinafter, provided that he has the support of ten of his colleagues. If such proposal is accepted by the chamber, it shall be sent to the Council of Ministers, in order that a draft law may be prepared. Any proposal which is rejected by the chamber may not be re-introduced during the same session. Art. 46. A member may resign his seat as deputy by forwarding his resignation in writing to the president. Such resignation shall not become effective unless accepted by the Chamber of Deputies. Art. 47. In the event of a vacancy occurring in the Chamber of Deputies caused by the death, resignation, loss of requisite qualifications, or absence from the chamber of any member, a by-election shall be held immediately, in compliance with a notification by the president. Art. 48. A member in the Chamber of Deputies is regarded as being a representative of the whole of Iraq and not of his constituency alone. Art. 49. A member absent from the chamber without leave or without just cause for a period of 1 month is considered to have resigned, subject to the terms of article 46. Art. 50. In addition to travelling expenses, a member of the Chamber of Deputies shall receive an annual allowance amounting to 4,000 rupees for an ordinary session and 1,000 rupees for every additional month beyond that period, or for every month of an extraordinary session. Art. 51. Before entering upon their labours, deputies and senators shall take an oath before their respective assemblies that they will be loyal to the King, observe the constitution, serve the nation and the country, and faithfully perform the duties for which they have been elected. Art. 52. Neither assembly shall enter upon its labours unless the sitting is attended by at least one more than half of its members. Art. 53. Decisions shall be taken by a majority of votes of the members present, unless otherwise provided by this law. If the voting is equal, the president shall have a casting vote. No majority shall be obtained unless half the members. present cast their vote. Each member shall vote in person. The method of voting shall be prescribed in the internal regulations of the assembly. Art. 54. Every member of Parliament has the right to put questions and demand explanations from Ministers. Discussions arising therefrom and from answers given in reply thereto shall be carried on in the manner prescribed by the internal regulations of each assembly, provided that such discussion shall not take place until 8 days at least have elapsed from the day on which such questions or demands for explanations were put. This procedure may be departed from in urgent cases or by consent of the Minister.

Art. 55. The assemblies shall pass draft laws article by article separately, and then again as a whole. Art. 56. No armed force may enter the assembly or remain near its precincts, unless requested to do so by the president. Art. 57. The meetings of both assemblies shall be open to the. public. At the request, however, of one of the Ministers, or four of the senators, or ten of the deputies, the debate on the question under discussion shall be conducted in camerâ. Art. 58. No person may enter either assembly and speak. therein, except members, Ministers or high officials deputed by Ministers during their absence, or a person invited so to do by the assembly. Art. 59. The Senate and the Chamber of Deputies shall have the right of issuing rules and regulations concerning the following matters:

1. The manner of exercising and maintaining the powers, privileges and safeguards conferred upon the assembly by this law.

2. The transaction of the business of both assemblies and the conduct of debates, whether sitting separately or jointly.

Art. 60. No member of Parliament shall be arrested or brought to trial while Parliament is in session, unless the assembly of which he is a member shall pass a resolution by a majority of votes that sufficient reasons exist for his being charged, or unless he is arrested while in the act of committing a crime. Every member shall have the right of absolute freedom of speech, subject to the regulations of the assembly of which he is a member. No legal proceedings shall be taken against him on account of a vote given, or opinion expressed, or speech made during the debates and discussions of the assembly. Should a representative be arrested for any reason when Parliament is not sitting, the Government must inform the assembly thereof when it re-assembles, furnishing explanations and reasons therefor. Art. 61. A Minister who is a member of either the Senate or Chamber of Deputies shall have the right of voting in the assembly of which he is a member and the right of speaking in both assemblies. Ministers who are not members of either assembly shall have the right of speaking in both, but not of voting. Ministers, or persons representing them in their absence, shall have the right of precedence over other members in addressing the assemblies. Art. 62.

1. All draft laws must be submitted to one of the two assemblies. It passed, they shall be submitted to the other assembly. They shall not become law unless passed by both assemblies and confirmed by the King.

2. Both assemblies shall deal with draft laws presented to them by the Government. After they have been passed, they shall be submitted to the King, who shall either confirm them or return them, stating his reasons for so doing, within a period of 3 months. Should one of the assemblies decide that any draft law is of an urgent nature, such draft law must be confirmed, or returned within a period of 15 days for reconsideration, together with a statement of the reasons for so doing.

3. Any draft laws rejected by both assemblies shall not be re-introduced during the same session.

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Art. 63. In the event of one of the assemblies rejecting a draft law twice, and the other assembly insisting upon its acceptance, a joint meeting of the members of the Senate and Chamber of Deputies shall be held, presided over by the president of the Senate, with the object of discussing the articles regarding which a divergence of opinion exists. If the draft law is accepted, with or without amendment, by a majority composed of two-thirds of the members of the joint assembly, such draft law shall be considered to have been passed by both assemblies, but shall not become low until it has been confirmed by the King. If not passed in this manner, such draft law shall not be re-introduced into either assembly during the current session. Part IV. The Council of Ministers Art. 64. The number of the Ministers of State shall not exceed 9 nor be less than 6. No person may be a Minister who is under any of the disqualifications mentioned in article 30. A Minister who is not a member of either assembly shall not. remain in office for more than 6 months, unless appointed member of the Senate or elected to the Chamber of Deputies before the expiration of flint period. A Minister who is receiving a salary as a Minister shall not at the same time be entitled to his allowances as member of one of the assemblies. A Minister shall not be allowed to buy or lease any of the property or possessions of the State. Art. 65. The Council of Ministers will undertake the conduct of affairs of State. It shall assemble under the chairmanship of the Prime Minister, in order to decide what steps shall be taken with regard to affairs concerning more than one Ministry; and in order to deal with important matters in which the various Ministries are concerned. The Prime Minister shall submit the recommendations of the council to the King for the purpose of obtaining his orders. Art. 66. Ministers of State shall be jointly responsible to the Chamber of Deputies for affairs dealing by the various Ministries and responsible severally for acts relating to each of the Ministries and departments attached thereto. Should the Chamber of Deputies pass a vote of no confidence in the Cabinet by a majority of members present, the Cabinet must resign. If the resolution in question relates to one Minister only, such Minister must resign. At the request of the Prime Minister or of the Minister concerned, the Chamber shall, once only, postpone a vote of no confidence for a period not exceeding 8 days. The Chamber shall not be dissolved during the period. Art. 67. A Minister shall despatch all business relating to his Ministry and departments attached thereto in manner prescribed by law. Part V. The Judicature Art. 68. Judges shall be appointed by Royal Irada and may only be removed in the circumstances mentioned in the special law dealing with the conditions governing their qualifications, appointment, grades and method of dismissal. Art. 69. The Courts shall be divided into three classes:

1. Civil courts. 2. Religious courts. 3. Special courts.

Art. 70. The manner of instituting the courts, the places where they are to be established, the grades, divisions, jurisdiction and supervision thereof, and the execution of judgments shall be determined by special laws, subject to the provisions of this law.

Art. 71. The courts shall be free from all interference in the conduct of their affairs. Art. 72. All sittings of the courts shall be open to the public, unless some legal justification exists for holding sittings in camerâ. Judgments of the courts, as well as the proceedings thereof, may be published, except those relating to sittings held in camerâ. All judgments shall issue in the name of the King. Art. 73. The civil courts shall have jurisdiction over all persons in Iraq, in all actions and civil and criminal matters, and those brought by or against the Iraq Government, with the exception of actions and matters coming within the jurisdiction of the religious or special courts, as stated hereinafter in this law, or in any other law in force. Art. 74. The jurisdiction of the civil courts includes civil, commercial and criminal matters, in accordance with the laws in force, provided that in matters relating to the personal status of foreigners and in other civil and commercial matters in which by international custom the terms of the law of a foreign country are to be applied, such law shall be applied in manner to be prescribed by special law. Art. 75. The religious courts shall be divided into

1. Shara courts. 2. The spiritual councils of the communities.

Art. 76. The Shara courts alone shall be competent to deal with actions relating to the personal status of Moslems and actions relating to the administration of Waqf foundations. Art. 77. Justice shall be administered in the Shara courts in accordance with the terms of the Shara doctrine peculiar to each of the Islamic sects, in conformity with the terms of a special law. The Qadhi shall be a member of the sect to which the majority of the inhabitants of the place to which be is appointed belong, maintaining the appointment of both Sunni and J’aferi Qadhis in the cities of Baghdad and Basra. Art. 78. The spiritual councils of the communities include the Jewish spiritual councils and the Christian spiritual councils. Such councils shall be established, and powers of jurisdiction conferred upon them, by a special law. Art. 79. The spiritual councils shall be competent to deal with the following matters:

1. Matters relating to marriage, dowry, divorce, separation, alimony, attestations of wills other than those attested by a notary public (with the exception of those matters coming within the jurisdiction of the civil courts relating to members of the community), but excluding foreigners who are members of such community.

2. Any other matter of personal status relating to members of the communities, if the parties so agree.

Art. 80. The procedure to be followed and the fees to be levied in the spiritual councils of the communities shall be prescribed by special law. Succession, freedom of testamentary disposition and similar matters relating to personal status not. coming within the jurisdiction of the spiritual councils of the communities, shall be regulated by a law. Art. 81. A High Court shall be established for the trial of Ministers and members of Parliament accused of political offences relating to their public duties; and for the trial of judges of the Court of Cassation for offences arising out of the performance of their duties; and for examining matters,

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connected with the interpretation of laws, and their conformity with the constitution. Art. 82. Should it be necessary to hold a trial as stated in the preceding article, the High Court. shall be convened by means of a Royal Irada to be issued in pursuance of a resolution charging the person concerned, which shall have been passed separately in each ease by a two-thirds majority of the members present in the Chamber of Deputies. The court shall be composed of 8 members, not including the president, to be selected by the Senate in the ratio of four from their own numbers and four from among the senior judges. 16 shall assemble under the chairmanship of the President of the Senate. If lie is unable to attend, the court shall be presided over by the vice-president. Art. 83. Should it be necessary to investigate any matter relating to the interpretation of the provisions of this or to ascertain whether any of the laws or regulations in force contravenes the provisions of the constitution, the High Court shall be convoked by Royal Irada, to be issued with the concurrence of the Council of Ministers. The court shall be constituted and set up in accordance with the terms of the preceding article. Should Parliament not be in session, the members referred to in the preceding article shall be appointed in conformity with the terms of the Royal Irada, issued for the convocation of the court. Art. 84. Should it be necessary to interpret laws or regulations in circumstances other than those laid down in the preceding article, a Diwan Khas [special bench] shall be constituted at the request of the Minister concerned, presided over by the president of the Civil Court of Cassation, three members of the court being selected from among the judges of the Court of Cassation, and three others from among senior administrative officials, in accordance with a special law. Art. 85. Cases dealt with by the High Court must be settled in accordance with law and by a two-thirds majority of the court. The decisions of the court shall not be subject to appeal or cassation. Persons accused by the Chamber of Deputies must relinquish their functions forthwith. If they resign, the legal proceedings instituted against them shall continue. Art. 86. Every decision taken by the High Court to the effect that any law, or any article of any law, contravenes the terms of the constitution must be taken by a two-thirds majority of the court. If a decision of this nature is taken, the law, or portion of the law in question, contravening the constitution, shall be deemed to be repealed ab initio. Art. 87. Decisions taken by the High Court regarding matters referred to in article 83 (with the exception of those matters referred to in article 86) and taken by the Diwan Khas regarding matters referred to in article 84 shall be taken by a majority of the court or Diwan Khas. Such decisions shall apply to all courts and Government departments. Art. 88. Special courts or committees shall be set up when necessity for dealing with the following matters:

1. For the trial of members of the Iraq military forces for offences mentioned in the Military Penal Code.

2. For settling criminal and civil cases relating to the tribe, in accordance with tribal custom as provided for by special law.

3. For the settlement of disputes arising between the Government and Government servants concerning their duties.

4. For investigating disputes relating to the possession or boundaries of lands.

Art. 89. The procedure to be followed in the special courts, the fees to be levied, the method of appeal from the judgments of such courts, and the manner in which such judgments may be set aside or confirmed, shall all be prescribed by special law. Part VI. Financial Matters Art. 90. All taxes and excise dues shall remain unaltered as from the coming into force of this law, until changed by law. Art. 91. No taxes shall be imposed except in accordance with a law confirmed by the King after approval by Parliament: provided that this shall not apply to sums of money received by Government departments in return for public services rendered, or for the enjoyment of Government property. Art. 92. Taxes shall be collected from the various classes of taxpayers, without distinction, and no person may be exempted from payment thereof, except in accordance with law. Art. 93. No property of the State may be sold, granted, leased or otherwise disposed of except in accordance with law. Art. 94. No monopoly or concession shall be granted for dealing with or using any of the natural resources of the land, nor for any public service, nor shall the State revenues be farmed out, except in accordance with law, provided that where the period relating to them exceeds 8 years, they must in each ease be the subject of a special law. Art. 95. The Government may not contract any loan, nor undertake anything involving payment out of public moneys, except in accordance with a special law, unless the budget law makes provision therefor. Art. 96. All money received by Government officials must be paid into the State Treasury and accounted for in accordance with such procedure as is prescribed by law. Art. 97. No salary may be allotted, nor remuneration paid, nor any moneys belonging to the State Treasury expended for any reason whatsoever, except in accordance with law. No item in the budget estimates shall be expended except in such manner as is prescribed by law. Art. 98. The budget estimates shall be sanctioned by an annual law known as «the budget law». The budget law must contain an estimate of the income and expenditure for the year in question. Art. 99. Parliament must approve the budget in the session preceding the commencement of the financial year to which the law in question relates. Art. 100. The Minister of Finance must in the first place submit to the Chamber of Deputies all draft laws for the appropriation of moneys or for increasing, decreasing or cancelling the approved budget estimates. Similarly, the budget law and all draft laws relating to loans to be contracted by the Government must be submitted to the Chamber of Deputies. Art. 101. The debate on the budget law and voting thereon shall take place article by article separately. It shall then be voted upon as a whole. The budget shall be voted upon vote by vote. Art. 102. Should it he found necessary to expend sums of money urgently while Parliament is not sitting, the expenditure of which has not been sanctioned by the budget or by a special law, the King may, with the concurrence of the Council of Ministers, issue royal ordinances directing that

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financial measures shall be taken as provided by paragraph (3) of article 26. Art. 103. Parliament may pass a law for the appropriation of specified sums of money, to be expended over a period of years. Art. 104. A law shall be passed providing for the setting up of a department for the purpose of examining all expenditure and for the drawing up of a report for presentation to Parliament, at least once in each year, as to whether such expenditure is in conformity with the appropriations as approved by Parliament and has been expended in accordance with the procedure laid down by law. Art. 105. No draft law may be introduced, nor any proposal put forward in either assembly, involving the expenditure of any portion of the public revenues, except by a Minister. Art. 106. The Chamber of Deputies may not take any decision, nor propose any amendment to a draft law, involving the reduction of expenditure arising out of treaties approved by Parliament, or the Constituent Assembly, unless approved by the King. Art. 107. Should the new financial year have begun before the promulgation of the budget law relating thereto, and should Parliament have assembled, the Minister of Finance shall submit a draft law containing provisional budget estimates for a period not exceeding 2 months. On the expiration of the period covered by such estimates, the Minister of Finance may submit a fresh draft law of a similar nature. This procedure may be repeated on such occasions as may be necessary. Should Parliament not be sitting, the budget of the preceding year shall be followed without prejudice to the right of issuing the ordinances referred to in article 102. Art. 108. The currency system of the State shall be established by law. Part VII. Administration of the Provinces Art. 109. The administrative districts of Iraq, their classes, names, manner of institution, the powers of the officials and their titles shall be prescribed by a special law. Art. 110. The law referred to in the preceding article shall provide that steps shall be taken in certain of the administrative divisions to ensure the performance of any obligations relating thereto, arising out of treaties concluded by the King and approved by Parliament or the Constituent Assembly. Art. 111. Municipal affairs in Iraq shall be administered by means of municipal councils in accordance with a special law. In the administrative divisions, administrative councils shall perform such duties as may be prescribed for them by law. Art. 112. Each community shall have the right of establishing councils in important administrative districts, competent to administer buildings and properties dedicated to Waqfs [pious foundations] and bequests for charitable purposes. They shall be competent to deal with the collection of income derived therefrom, and the expenditure thereof, in accordance with the wishes of the donor or with the custom in use among the community. Such communities shall also undertake the supervision of the property of orphans in accordance with law. The councils referred to above shall be under the supervision of the Government. Part VIII. Confirmations of Laws and Judgments Art. 113. Ottoman laws published before the 5th November, 1914, and laws, published on or after that date which have remained in force in Iraq up to the time of the publication of

this law, shall remain in force in Iraq so far as circumstances permit, subject to any modification or repeal in conformity with the proclamations, regulations and laws referred to in the following article, and until they are altered or repealed by the legislative power, or the High Court issues a decision rendering them null and void in accordance with the provisions of article 86. Art. 114. All proclamations, regulations and laws issued by the Commander-in-chief of His Britannic Majesty’s forces in Iraq, the Civil Commissioner, and the High Commissioner. and those issued by the Government of His Majesty King Faisal during the period between the 5th November, 1914, and the date of the coming into force of this constitution, shall be considered to be valid as from the date on which they came into force. Any portion thereof still unrepealed by that date shall remain in force until changed or repealed by the legislative power, or until the High Court issues a decision rendering them null and void, in accordance with the provisions of article 86. Art. 115. Every person shall be considered to be released and exempt from all claims relating to any acts performed by him in good faith in conformity with instructions issued by the Commander-in-chief of His Britannic Majesty's forces in Iraq, the Civil Commissioner, the High Commissioner, the Government of His Majesty King Faisal or by any official duly authorised thereunto, whether in a military or civil capacity, with a view to the suppression of hostilities, the establishment and consolidation of order and public security, or the carrying out of orders issued in accordance with martial law between the 5th November, 1914, and the date of the coming into force of the constitution. Every act referred to in this article shall be considered to have been done in good faith, unless the complainant can furnish proof to the contrary. Any action or judicial proceeding with regard to any such act shall not. be entertained and shall be considered null and void in the absence of such proof brought forward by the complainant. Art. 116. All judgments passed in civil and Shara actions by the Ottoman courts before the occupation by His Britannic Majesty's forces, and likewise judgments passed in civil and Shara actions by the courts set up after the said occupation, or by Political and Assistant Political Officers, in matters which come within their jurisdiction, shall be considered to have been given by the regularly constituted courts of Iraq. Art. 117. All judgments and decisions in criminal matters given by the courts set up after the occupation by His Britannic Majesty's forces or by courts-martial, military courts or by any Military Governor or Political or Assistant Political Officer or other officials authorised to try criminal offences and also the penalties imposed upon those persons tried in the courts referred to above, or by the persons referred to, shall all be considered to have been passed by the regularly constituted courts of Iraq. Part IX. Constitutional Amendments Art. 118. Parliament may, within 1 year from the coming into force of this law, amend any of the subsidiary matters contained therein or add to them, in order that the objects of this law may be given effect, provided that Parliament shall agree by a two-thirds majority of votes in both chambers. Art. 119. Subject to the provisions of the preceding article, no amendment whatsoever may be made in the constitution for a period of 5 years from the date of the coming into force

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thereof, nor after the expiration of that period, except in the following manner. Every amendment must be approved by a two-thirds majority of both the Chamber of Deputies and the Senate. After such amendment has been approved, the Chamber of Deputies shall be dissolved and a new chamber elected. An amendment which has been approved by the former chamber shall be submitted again to the new Chamber and Senate. If approved by a two-thirds majority of each assembly the amendment shall be submitted to the King for confirmation and promulgation. Part X. General Provisions Art. 120. Should disturbances occur, or should anything happen indicating the likelihood of the occurrence of events of such a character in any part whatsoever of Iraq, or should there be a menace of hostile attack upon any part whatsoever of Iraq, the King shall have power, subject to the approval of the Council of Ministers, to proclaim martial law provisionally in those districts of Iraq exposed to the danger of disturbances or attacks. The application of the existing laws and regulations may be suspended by the proclamation declaring martial law in force, in such places and to such extent as may be prescribed in such proclamation, provided that those charged with the execution of the proclamation shall be subject to any legal consequences of their acts, until a special law ahs been passed by Parliament exempting them therefrom. The method of administration of the places in which martial law has been declared to be in force shall be prescribed by Royal Irada. Art. 121. Should it. be necessary to interpret any provision of law:

1. Should the interpretation relate to the provisions of this constitution, it shall appertain to the High Court, as stated in part V of this law.

2. Should the interpretation relate to any law connected with the administration of public affairs, it shall appertain to the Diwan Khas, as stated in Part V of this law.

3. Any other matters requiring interpretation shall appertain to the courts of justice having jurisdiction in the cases in which need for interpretation arises.

Art. 122. The Department. of Islamic Waqfs shall be considered to be an official Government department, its affairs being administered and its finances regulated in accordance with a special law. Art. 123. This law shall come into force from the date of which it is confirmed by the King. Made at Baghdad on the 21st day of March, 1925, and the 25th day of Sha’ban, 1343. Faisal. [Signatures of Ministers.] (1) Approved by the Minister of Justice and published in the Iraq Government Gazette», No. 31, August 12, 1928. (2) «Mulk» means owned property as declared by a deed. Therefore government «mulk» means government owned property. Land under that category was leased or sold to people interested in cultivating them or whatever they were zoned for. (Explanation given by Mr. Shalan Kadri, webmaster of The Constitutional Monarchy Movement.) (3) «Miri» means any land which is not registered as a government or state property, or as an endowment, and not privately owned to

individual(s). Thus «miri» land belonged (but not owned) by default to the state of Iraq. The government encouraged individual(s) to cultivate the land but not to built fixed establishments in it. Explanation given by Mr. Shalan Kadri, webmaster of The Constitutional Monarchy Movement.) [Top]

Source British and Foreign State Papers, 1926, Part I, Vol. CXXIII, London 1931, pp. 383-402.

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Iraq 2005

Full Text of Iraqi ConstitutionDraft Document, to Be Presented to Voters SaturdayCourtesy the Associated PressWednesday, October 12, 2005 3:06 PM The following is the full text of the draft constitution being voted on by Iraqis in Saturday's referendum. It was translated from the Arabic by the United Nation's Office for Constitutional Support, and the translation was approved by the Iraqi government. Items in parentheses are amendments approved Wednesday by parliament and translated by The Associated Press. The amendments were made too late to be included in the U.N.-translated text being distributed to Iraqi voters and will be publicized in the press. THE PREAMBLE In the name of God, the most merciful, the most compassionate We have honored the sons of Adam. We are the people of the land between two rivers, the homeland of the apostles and prophets, abode of the virtuous imams, pioneers of civilization, crafters of writing and cradle of numeration. Upon our land the first law made by man was passed, the most ancient just pact for homelands policy was inscribed, and upon our soil, companions of the Prophet and saints prayed, philosophers and scientists theorized and writers and poets excelled. Acknowledging God's right over us, and in fulfillment of the call of our homeland and citizens, and in response to the call of our religious and national leaderships and the determination of our great (religious) authorities and of our leaders and reformers, and in the midst of an international support from our friends and those who love us, marched for the first time in our history toward the ballot boxes by the millions, men and women, young and old, on the thirtieth of January two thousand and five, invoking the pains of sectarian oppression sufferings inflicted by the autocratic clique and inspired by the tragedies of Iraq's martyrs, Shiite and Sunni, Arabs and Kurds and Turkmen and from all the other components of the people and recollecting the darkness of the ravage of the holy cities and the South in the Sha'abaniyya uprising and burnt by the flames of grief of the mass graves, the marshes, Al-Dujail and others and articulating the sufferings of racial oppression in the massacres of Halabcha, Barzan, Anfal and the Fayli Kurds and inspired by the ordeals of the Turkmen in Basheer and as is the case in the remaining areas of Iraq where the people of the west suffered from the assassinations of their leaders, symbols and elderly and from the displacement of their skilled individuals and from the drying out of their cultural and intellectual wells, so we sought hand in hand and shoulder to shoulder to create our new Iraq, the Iraq of the future free from sectarianism, racism, locality complex, discrimination and exclusion. Accusations of being infidels, and terrorism did not stop us from marching forward to build a nation of law. Sectarianism and racism have not stopped us from marching together to strengthen our national unity, and to follow the path of peaceful transfer of power and adopt the course of the just distribution of resources and providing equal opportunity for all. We the people of Iraq who have just risen from our stumble, and who are looking with confidence to the future through a

republican, federal, democratic, pluralistic system, have resolved with the determination of our men, women, the elderly and youth, to respect the rules of law, to establish justice and equality to cast aside the politics of aggression, and to tend to the concerns of women and their rights, and to the elderly and their concerns, and to children and their affairs and to spread a culture of diversity and defusing terrorism. We the people of Iraq of all components and shades have taken upon ourselves to decide freely and with our choice to unite our future and to take lessons from yesterday for tomorrow, to draft, through the values and ideals of the heavenly messages and the findings of science and man's civilization, this lasting constitution. The adherence to this constitution preserves for Iraq its free union, its people, its land and its sovereignty. SECTION ONE: FUNDAMENTAL PRINCIPLES Article 1: (The Republic of Iraq is a single, independent federal state with full sovereignty. Its system of government is republican, representative 61/27Parliamentary63/47 and democratic. This Constitution is the guarantor of its unity) Article 2: First: Islam is the official religion of the State and it is a fundamental source of legislation: A. No law that contradicts the established provisions of Islam may be established. B. No law that contradicts the principles of democracy may be established. C. No law that contradicts the rights and basic freedoms stipulated in this constitution may be established. Second: This Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice such as Christians, Yazedis, and Mandi Sabeans. Article 3: (Iraq is a country of many nationalities, religions and sects and is a founding and active member of the Arab League and is committed to its covenant. Iraq is a part of the Islamic world.) Article 4: First: The Arabic language and Kurdish language are the two official languages of Iraq. The right of Iraqis to educate their children in their mother tongue, such as Turkmen, Syriac and Armenian, in government educational institutions in accordance with educational guidelines, or in any other language in private educational institutions, is guaranteed. Second: The scope of the term official language and the means of applying the provisions of this article shall be defined by law which shall include: A. Publication of the official gazette, in the two languages; B. Speech, conversation and expression in official settings, such as the Council of Representatives, the Council of Ministers, courts, and official conferences, in either of the two languages; C. Recognition and publication of the official documents and correspondences in the two languages; D. Opening schools that teach the two languages, in accordance with the educational guidelines; E. Use of both languages in any settings enjoined by the principle of equality such as bank notes, passports and stamps. (Third: The federal institutions and agencies in the Kurdistan region shall use the Arabic and Kurdish languages.)

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Fourth: The Turkmen language and Syriac language are two other official languages in the administrative units in which they represent density of population. Fifth: Each region or governorate may adopt any other local language as an additional official language if the majority of its population so decide in a general referendum. Article 5: The law is sovereign. The people are the source of authorities and its legitimacy, which the people shall exercise in a direct general secret ballot and through their constitutional institutions. Article 6: Transfer of authority shall be made peacefully through democratic means as stipulated in this Constitution. Article 7: First: No entity or program, under any name, may adopt racism, terrorism, the calling of others infidels, ethnic cleansing, or incite, facilitate, glorify, promote, or justify thereto, especially the Saddamist Baath in Iraq and its symbols, regardless of the name that it adopts. This may not be part of the political pluralism in Iraq. This will be organized by law. Second: The State shall undertake combating terrorism in all its forms, and shall work to protect its territories from being a base or pathway or field for terrorist activities. Article 8: Iraq shall observe the principles of a good neighborliness, adhere to the principle of non-interference in the internal affairs of other states, endeavor to settle disputes by peaceful means, establish relations on the basis of mutual interests and reciprocity, and respect its international obligations. Article 9: First: A. The Iraqi Armed Forces and Security Services will be composed of the components of the Iraqi people with due consideration given to its balance and its similarity without discrimination or exclusion and shall be subject to the control of the civilian authority. The Iraqi Armed Forces shall defend Iraq and shall not be used as an instrument of oppression against the Iraqi people, shall not interfere in the political affairs and shall have no role in the transfer of authority. B. The formation of military militia outside the framework of the armed forces is prohibited. C. The Iraqi Armed Forces and its personnel, including military personnel working at the Ministry of Defense or any subordinate departments or organizations, may not stand for election to political office, campaign for candidates, or participate in other activities prohibited by the Ministry of Defense regulations. This ban encompasses the activities of the personnel mentioned above acting in their personal or official capacities. Nothing in this Article shall infringe upon the right of these personnel to cast their vote in the elections. D. The Iraqi National Intelligence Service shall collect information, assess threats to national security, and advise the Iraqi government. This service shall be under civilian control and shall be subject to legislative oversight and shall operate in accordance with the law and pursuant to the recognized principles of human rights. E. The Iraqi Government shall respect and implement Iraq's international obligations regarding the non-proliferation, non-development, non-production, and nonuse of nuclear, chemical, and biological weapons, and shall prohibit associated equipment, materiel, technologies, and delivery

systems for use in the development, manufacture, production, and use of such weapons. Second: National service will be stipulated by law. Article 10: The holy shrines and religious places in Iraq are religious and cultural entities. The State is committed to confirming and safeguarding their sanctity, and guaranteeing the free practice of rituals in them. Article 11: Baghdad is the capital of the Republic of Iraq. Article 12: First: The flag, national anthem, and emblem of Iraq shall be fixed by law in a way that represents the components of the Iraqi people. Second: A law shall regulate the decorations, official holidays, religious and national occasions and the Hijri and Gregorian calendar. Article 13: First: This constitution is the sublime and supreme law in Iraq and shall be binding in all parts of Iraq without exception. Second: No law shall be enacted that contradicts this constitution. Any text in any regional constitutions or any other legal text that contradicts it is deemed void. SECTION TWO: RIGHTS AND LIBERTIES CHAPTER ONE: RIGHTS FIRST: Civil and Political RightsFIRST: Civil and Political Rights Article 14: Iraqis are equal before the law without discrimination based on gender, race, ethnicity, origin, color, religion, creed, belief or opinion, or economic and social status. Article 15: Every individual has the right to enjoy life, security and liberty. Deprivation or restriction of these rights is prohibited except in accordance with the law and based on a decision issued by a competent judicial authority. Article 16: Equal opportunities are guaranteed for all Iraqis. The state guarantees the taking of the necessary measures to achieve such equal opportunities. Article 17: First: Every individual shall have the right to personal privacy, so long it does not contradict the rights of others and public morals. Second: The sanctity of the homes is inviolable and homes may not be entered, searched, or put in danger, except by a judicial decision, and in accordance with the law. Article 18: (First: Iraqi nationality is the right of every Iraqi and shall be the basis of his citizenship.) (Second: An Iraqi is any person born to an Iraqi father or mother. This will regulated by law.) Third: A. An Iraqi citizen by birth may not have his nationality withdrawn for any reason. Any person who had his nationality withdrawn shall have the right to reclaim it, and this will be stipulated by law. B. The Iraqi nationality shall be withdrawn from the naturalized in the cases stipulated by law. Fourth: An Iraqi may have multiple nationalities. Everyone who assumes a senior, security sovereign position must

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abandon any other acquired nationality. This will be organized by law. Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of settling people that cause an imbalance in the population composition of Iraq. Sixth: A law shall regulate the provisions of nationality. The competent courts shall consider the suits resulting from it. Article 19: First: The judiciary is independent and no power is above the judiciary except the law. Second: There is no crime or punishment except by a stipulation. The punishment shall only be for an act that the law considers a crime when perpetrated. A harsher sentence than the applicable sentence at the time of the offense may not be imposed. Third: Litigation shall be a safeguarded and guaranteed right for all. Fourth: The right to a defense shall be sacred and guaranteed in all phases of investigation and trial. Fifth: The accused is innocent until proven guilty in a fair legal trial. The accused may not be tried on the same crime for a second time after acquittal unless new evidence is produced. Sixth: Every person has the right to be treated with justice in judicial and administrative proceedings. Seventh: The proceedings of a trial are public unless the court decides to make it secret. Eighth: Punishment is personal. Ninth: A law does not have a retroactive effect unless the law stipulates otherwise. This exclusion shall not include laws relating to taxes and fees. Tenth: Criminal law does not have a retroactive effect, unless it is to the benefit of the accused. Eleventh: The court shall delegate a lawyer at the expense of the state for an accused of a felony or misdemeanor who does not have a defense lawyer. Twelfth: A. (Unlawful) detention is prohibited. B. detention or arrest is prohibited in places not designed for it, pursuant to prison regulations covered by health and social care and subject to the scrutiny of the law. Thirteenth: The preliminary investigative documents must be submitted to the competent judge in a period not to exceed twenty-four hours from the time of the arrest of the accused. It may be extended only once and for the same period. Article 20: The citizens, men and women, have the right to participate in public affairs and to enjoy political rights including the right to vote, to elect and to nominate. Article 21: First: No Iraqi shall be surrendered to foreign entities and authorities. Second: A law shall regulate the right of political asylum to Iraq. No political refugee shall be surrendered to a foreign entity or returned forcibly to the country from which he fled. Third: No political asylum shall be granted to a person accused of committing international or terrorist crimes or any person who inflicted damage on Iraq. SECOND: Economic, social and cultural liberties Article 22: First: Work is a right for all Iraqis so as to guarantee them a decent living.

Second: The law regulates the relationship between employees and employers on economic basis and with regard to the foundations of social justice. Third: The State guarantees the right of forming and joining professional associations and unions. This will be organized by law. Article 23: First: Personal property is protected. The proprietor shall have the right to benefit from, exploit and utilize personal property within the limits of the law. Second: No property may be taken away except for the purposes of public benefit in return for just compensation. This will be organized by law. Third: A. Every Iraqi has the right to own property throughout Iraq. No others may possess immovable assets, except as exempted by law. B. Owning property for the purposes of population change shall be prohibited. Article 24: The State guarantees freedom of movement of Iraqi manpower, goods and capitals between regions and governorates. This will be organized by law. Article 25: The State guarantees the reform of the Iraqi economy in accordance with modern economic principles to ensure the full investment of its resources, diversification of its sources and the encouragement and the development of the private sector. Article 26: The state guarantees the encouragement of investments in the various sectors. This will be organized by law. Article 27: First: Public property is sacrosanct, and its protection is the duty of each citizen. Second: The provisions related to the protection of State properties and its management and the conditions for its disposal and the limits under which none of these properties can be relinquished shall all be regulated by law. Article 28: First: No taxes or fines may be imposed, amended, exempted or pardoned from, except in accordance with law. Second: Low wage earners shall be exempted from taxes in a manner that ensures the upholding of the minimum wage required for survival. This will be organized by law. Article 29: First: A. The family is the foundation of society; the State preserves its entity and its religious, moral and patriotic values. B. The State guarantees the protection of motherhood, childhood and old age and shall care for children and youth and provides them with the appropriate conditions to further their talents and abilities. Second: Children have right over their parents in regard to upbringing, care and education. Parents shall have right over their children in regard to respect and care especially in times of need, disability and old age. Third: Economic exploitation of children shall be completely prohibited. The State shall take the necessary measures to protect them. Fourth: All forms of violence and abuse in the family, school and society shall be prohibited. Article 30:

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First: The state guarantee to the individual and the family -- especially children and women -- social and health security and the basic requirements for leading a free and dignified life. The state also ensures the above a suitable income and appropriate housing. Second: The State guarantees the social and health security to Iraqis in cases of old age, sickness, employment disability, homelessness, orphanage or unemployment, and shall work to protect them from ignorance, fear and poverty. The State shall provide them housing and special programs of care and rehabilitation. This will be organized by law. Article 31: First: Every citizen has the right to health care. The state takes care of public health and provide the means of prevention and treatment by building different types of hospitals and medical institutions. Second: Individuals and institutions may build hospitals or clinics or places for treatment with the supervision of the state and this shall be regulated by law. Article 32: The State cares for the handicapped and those with special needs and ensure their rehabilitation in order to reintegrate them into society. This shall be regulated by law. Article 33: First: Every individual has the right to live in a safe environment. Second: The State undertakes the protection and preservation of the environment and biological diversity. Article 34: First: Education is a fundamental factor in the progress of society and is a right guaranteed by the state. Primary education is mandatory and the state guarantees to eradicate illiteracy. Second: Free education is a right for all Iraqis in all its stages. Third: The State encourages scientific research for peaceful purposes that serve man and supports excellence, creativity, invention and the different aspects of ingenuity. Fourth: Private and public education is guaranteed. This shall be regulated by law. CHAPTER TWO: LIBERTIES Article 35: First: A. The liberty and dignity of man are safeguarded. B. No person may be kept in custody or interrogated except in the context of a judicial decision. C. All forms of psychological and physical torture and inhumane treatment shall be prohibited. Any confession coerced by force, threat, or torture shall not be relied on. The victim shall have the right to compensation in accordance with the law for material and moral damages incurred. Second: The State guarantees the protection of the individual from intellectual, political and religious coercion. Third: Compulsory service (unpaid labor), serfdom, slave trade (slavery), trafficking of women and children, and the sex trade is prohibited. (Fourth: The State will promote cultural activities and institutions in a way that is appropriate with Iraq's civilizational history and culture. It will take care to depend on authentic Iraqi cultural trends.) Article 36: The state guarantees in a way that does not violate public order and morality:

A. Freedom of expression, through all means. B. Freedom of press, printing, advertisement, media and publication. C. Freedom of assembly and peaceful demonstration. This shall be regulated by law. (D. Every Iraqi has the right to engage in sports, and the State should encourage its activities and promotion and will provide its necessities) Article 37: First: The freedom of forming and of joining associations and political parties is guaranteed. This will be organized by law. Second: It is prohibited to force any person to join any party, society or political entity or force him to continue his membership in it. Article 38: The freedom of communication, and mail, telegraphic, electronic, and telephonic correspondence, and other correspondence shall be guaranteed and may not be monitored, wiretapped or disclosed except for legal and security necessity and by a judicial decision. Article 39: Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices. This shall be regulated by law. Article 40: Each individual has freedom of thought, conscience and belief. Article 41: First: The followers of all religions and sects are free in the: A. Practice of religious rites, including the Husseini ceremonies (Shiite religious ceremonies) B. Management of the endowments, its affairs and its religious institutions. The law shall regulate this. Second: The state guarantees freedom of worship and the protection of the places of worship. Article 42: First: Each Iraqi enjoys the right of free movement, travel, and residence inside and outside Iraq. Second: No Iraqi may be exiled, displaced or deprived from returning to the homeland. Article 43: First: The State shall seek to strengthen the role of civil society institutions, to support, develop and preserve its independence in a way that is consistent with peaceful means to achieve its legitimate goals. This will be organized by law. Second: The State shall seek the advancement of the Iraqi clans and tribes and shall attend to their affairs in a manner that is consistent with religion and the law and upholds its noble human values in a way that contributes to the development of society. The State shall prohibit the tribal traditions that are in contradiction with human rights. Article 44: There may not be a restriction or limit on the practice of any rights or liberties stipulated in this constitution, except by law or on the basis of it, and insofar as that limitation or restriction does not violate the essence of the right or freedom. SECTION THREE: FEDERAL POWERS Article 45: The federal powers shall consist of the legislative, the executive and the judicial powers. They exercise their specialization and tasks on the basis of the principle of separation of powers.

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CHAPTER ONE: THE LEGISLATIVE POWER: Article 46: The federal legislative power shall consist of the Council of Representatives and the Federation Council. FIRST: The Council of Representatives Article 47: First: The Council of Representatives shall consist of a number of members, at a ratio of one representative per 100,000 Iraqi persons representing the entire Iraqi people. They shall be elected through a direct secret general ballot. The representation of all components of the people in it shall be upheld. Second: A candidate to the Council of Representatives must be a fully eligible Iraqi. Third: A law shall regulate the requirements for the candidate, the voter and all that is connected with the elections. Fourth: The elections law aims to achieve a percentage of women representation not less than one-quarter of the Council of Representatives members. Fifth: The Council of Representatives shall promulgate a law dealing with the replacement of its members on resignation, dismissal or death. Sixth: No member of the Council of Representatives shall be allowed to hold any other official position or work. Article 48: Each member of the Council of Representatives must take the following constitutional oath before the Council prior to assuming his duties: (I swear by God the Almighty to carry out my legal tasks and responsibilities devotedly and honestly and preserve the independence and sovereignty of Iraq, and safeguard the interests of its people, and watch over the safety of its land, skies, waters, resources and federal democratic system, and I shall endeavor to protect public and private liberties, the independence of the judiciary and adhere to the applications of the legislation neutrally and faithfully. God is my witness). Article 49: The Council of Representatives shall set its bylaws to regulate its work. Article 50: First: The Council of Representatives shall decide by a two-thirds majority, the membership authenticity of its members within thirty days from the date of filing an objection. Second: The decision of the Council of Representatives may be appealed before the Federal Supreme Court within thirty days from the date of its issuance. Article 51: First: Sessions of the Council of Representatives shall be public unless it deems them otherwise. Second: Minutes of the sessions shall be published in means regarded appropriate by the Council. Article 52: The President of the Republic shall call upon the Council of Representatives to convene by a presidential decree within fifteen days from the date of the ratification of the general elections results. Its eldest member shall chair the first session to elect the president of the Council and his two deputies. This period may not be extended by more than the aforementioned one. Article 53: The Council of Representatives shall elect in its first session its president, then his first deputy and second deputy, by an

absolute majority of the total number of the Council members by direct secret ballot. Article 54: First: The electoral term of the Council of Representatives shall be limited to four calendar years, starting with its first session and ending with the conclusion of the fourth year. Second: The new Council of Representatives shall be elected forty-five days before the conclusion of the previous electoral term. Article 55: The Council of Representatives shall have one annual term with two legislative sessions lasting eight months. The bylaw shall define the method of convention. The session in which the general budget is being presented shall not end until its approval. Article 56: First: The President of the Republic or the Prime Minister or the President of the Council of Representatives or fifty members of the Council of Representatives may call the Council to an extraordinary session. The session shall be restricted to the topics that necessitated the request. Second: The President of the Republic, or the Prime Minister or the President of the Council or fifty members of the Council of Representatives, may ask for an extension of the legislative session of the Council of representatives for no more than thirty days in order to complete the tasks that required the extension. Article 57: First: A. The Council of Representatives quorum shall be fulfilled by an absolute majority of its members. B. Decisions in the sessions of the Council of Representatives shall be made by a simple majority after quorum is fulfilled, unless stipulated otherwise. Second: A. Bills shall be presented by the President of the Republic and the Prime Minister. B. Proposed laws shall be presented by ten members of the Council of Representatives or by one of its specialized committees. Article 58: The Council of Representatives specializes in the following: First: Enacting federal laws. Second: Monitoring the performance of the executive authority. Third: Elect the President of the Republic. Fourth: A law shall regulate the ratification of international treaties and agreements by a two-thirds majority of the members of the Council of Representatives. Fifth: To approve the appointment of the following: A. The President and members of the Federal Court of Cassation, Chief Public Prosecutor and the President of Judicial Oversight Commission based on a proposal from the Higher Juridical Council, by an absolute majority. B. Ambassadors and those with special grades based on a proposal from the Cabinet. C. The Iraqi Army Chief of Staff, his assistants and those of the rank of division commanders and above and the director of the intelligence service based on a proposal from the Cabinet. Sixth:

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A. Question the President of the Republic based on a justifiable petition by an absolute majority of the Council of Representatives members. B. Relieve the President of the Republic by an absolute majority of the Council of Representatives members after being convicted by the Supreme Federal Court in one of the following cases: 1- Perjury of the constitutional oath. 2- Violating the Constitution. 3- High treason. Seventh: A. The Council of Representatives member may direct questions to the Prime Minister and the Ministers on any subject within their specialty and they may answer the members' questions. The Member who has asked the question solely has the right to comment on the answer. B. At least twenty-five members of the Council of representatives may table a general issue for discussion to obtain clarity on the policy and the performance of the Cabinet or one of the Ministries. It must be submitted to the President of the Council of Representatives, and the Prime Minister or the Ministers shall specify a date to come before the Council of Representatives to discuss it. C. A Council of Representatives member with the agreement of twenty-five members may direct a question to the Prime Minister or the Ministers to call them to account on the issues within their authority. The discussion on the question shall begin at least seven days after submitting the question. Eighth: A. The Council of Representatives may withdraw confidence from one of the Ministers by an absolute majority and he is considered resigned from the date of the decision of confidence withdrawal. The issue of no confidence in the Minister may be tabled only on that Minister's wish or on a signed request of fifty members after an inquiry discussion directed at him. The Council of Representatives shall not issue its decision regarding the request except after at least seven days of its submission. B. 1- The President of the Republic may submit a request to the Council of Representatives to withdraw confidence from the Prime Minister. 2- The Council of Representatives may withdraw confidence from the Prime Minister based on the request of one-fifth (1/5) of its members. This request may be submitted only after a question has been put to the Prime Minister and after at least seven days from submitting the request. 3- The Council of Representatives shall decide to withdraw confidence from the Prime Minister by an absolute majority of its members. C. The Government is considered resigned in case of withdrawal of confidence from the Prime Minister. D. In case of a vote of withdrawal of confidence in the Cabinet as a whole, the Prime Minister and the Ministers continue in their positions to run everyday business for a period not to exceed thirty days until a new cabinet is formed in accordance with the provisions of article 73 of this constitution. E. The Council of Representatives may interrogate independent commission heads in accordance with the same procedures as for the ministers and may dismiss them by an absolute majority. Ninth:

A. To consent to the declaration of war and the state of emergency by a two-thirds majority based on a joint request from the President of the Republic and the Prime Minister. B. The period of the state emergency shall be limited to thirty days, extendable after approval each time. C. The Prime Minister shall be authorized with the necessary powers that enable him to manage the affairs of the country within the period of the state of emergency and war. A law shall regulate these powers that do not contradict the constitution. D. The Prime Minister shall present to the Council of Representatives the measures taken and the results within the period of declaration of war and within 15 days of the end of the state of emergency. Article 59: First: The Council of Ministers shall submit the draft general budget bill and the closing account to the Council of Representatives for approval. Second: The Council of Representatives may conduct transfers between the sections and chapters of the general budget and reduce the total of its sums, and it may suggest to the Cabinet to increase the total expenses, when necessary. Article 60: First: A law shall regulate the rights and privileges of the speaker of the Council of Representatives, his two deputies and the members of Council of Representatives. Second: A. Each member of the Council of Representatives shall enjoy immunity for statements made while the Council is in session, and the member may not be prosecuted before the courts for such. B. A Council of Representatives member may not be placed under arrest during the legislative term of the Council of Representatives, unless the member is accused of a felony and the Council of Representatives members consent by an absolute majority to lift his immunity or if caught in flagrante delicto in the commission of a felony. C. A Council of Representatives member may not be arrested after the legislative term of the Council of Representatives, unless the member is accused of a felony and with the consent of the speaker of the Council of Representatives to lift his immunity or if he is caught in flagrante delicto in the commission of a felony. Article 61: First: The Council of Representatives may dissolve itself with the consent of the absolute majority of its members, upon the request of one-third of its members or upon the request of the Prime Minister and the consent of the President of the Republic. The Council may not be dissolved during the period in which the Prime Minister is being questioned. Second: Upon the dissolution of the Council of Representatives, the President of the Republic shall call for general elections in the country within a period not to exceed sixty days from the date of its dissolution. The Cabinet in this case is considered resigned and continues to run everyday business. SECOND: The Federation Council Article 62: A legislative council shall be established named the "Federation Council" to include representatives from the regions and the governorates that are not organized in a region. A law, enacted by a two-third majority of the members

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of the Council of representatives, shall regulate the Federation Council formation, its membership conditions and its specialization's and all that is connected with it. CHAPTER TWO: THE EXECUTIVE POWER Article 63: The Federal Executive Power shall consist of the President of the Republic and the Council of Ministers and shall exercise its powers in accordance with the constitution and the law. FIRST: The President of the Republic Article 64: The President of the Republic is the Head of the State and a symbol of the unity of the country and represents the sovereignty of the country. He safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution. Article 65: A nominee to the Presidency must meet the following conditions: A. Must be an Iraqi by birth, born to Iraqi parents. B. Must be fully eligible and has completed forty years of age. C. Must be of good reputation and political experience, and known for his integrity, righteousness, fairness and loyalty to the homeland. D. Must not have been convicted of a crime involving moral turpitude. Article 66: First: A law shall regulate the nomination to the post of the President of the Republic. Second: A law shall regulate the nomination of one deputy or more for the President of the Republic. Article 67: First: The Council of Representatives shall elect, from among the nominees, the President of the Republic by a two-thirds majority of its members. Second: If any of the candidates does not receive the required majority vote then the two candidates who received the highest number of votes shall compete and the one who receives the highest number of votes in the second election shall be declared as President. Article 68: The President shall take the Constitutional Oath before the Council of Representatives in the form stipulated in Article 48 of the Constitution. Article 69: First: The President of the Republic's term in office shall be limited to four years and may be elected for a second time and no more. Second: A. The term of the President of the Republic shall finish at the end of the Council of Representatives' term. B. The President of the Republic will continue to exercise his functions until the elections for the Council of Representatives is completed and until it meets. The new President shall then be elected within thirty days of its first meeting. C. If the position of president of the republic is vacant, for whatever reason, a new president will be elected in order to fill the vacancy for the remaining period of that president's term. Article 70: The President of the Republic shall assume the following powers:

A. To issue a special pardon on the recommendation of the Prime Minister, except for anything concerning private claim and for those who have been convicted of committing international crimes, terrorism, and financial and administrative corruption. B. To ratify international treaties and agreements after the approval by the Council of Representatives. Such international treaties and agreements are considered ratified after fifteen days from the date of receipt. C. To ratify and issue the laws enacted by the Council of Representatives. Such laws are considered ratified after fifteen days from the date of receipt. D. To call the elected Council of Representatives to convene during a period not to exceed fifteen days from the date of approval of the election results and in the other cases stipulated in the Constitution. E. To award medals and decorations on the recommendation of the Prime Minister in accordance with the law. F. To accredit Ambassadors. G. To issue Presidential decrees. H. Ratify death sentences issued by the competent courts. I. Perform the duty of the Higher Command of the armed forces for ceremonial and honorary purposes. J. Exercise any other presidential powers stipulated in this Constitution. Article 71: A law shall fix the salary and the allowances of the President of the Republic. Article 72: First: The President of the Republic shall have the right to submit his resignation in writing to the Speaker of the Council of Representatives, and is considered effective after seven days from the date of its submission to the Council of Representatives. Second: The "Vice" President shall assume the office of the President in case of his absence. Third: The Vice President shall assume the duties of the President of the Republic or in the event of the post of the President becomes vacant for any reason whatsoever. The Council of Representatives must elect a new President within a period not to exceed thirty days from the date of the vacancy. Fourth: In the case the post of the President of the Republic becomes vacant, the Speaker of the Council of Representatives shall replace the President of the Republic in case he does not have a Vice President, on the condition that a new President is elected during a period not to exceed thirty days from the date of the vacancy and in accordance with the provisions of this Constitution. SECOND: Council of Ministers Article 73: First: The President of the Republic shall name the nominee of the Council of Representatives bloc with the largest number to form the Cabinet within fifteen days from the date of the election of the president of the republic. Second: The Prime Minister-designate shall undertake the naming of the members of his Cabinet within a period not to exceed thirty days from the date of his designation. Third: In case the Prime Minister-designate fails to form the cabinet during the period specified in clause "Second," the President of the Republic shall name a new nominee for the post of Prime Minister within fifteen days.

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Fourth: The Prime Minister-designate shall present the names of his Cabinet members and the ministerial program to the Council of Representatives. He is deemed to have gained its confidence upon the approval, by an absolute majority of the Council of Representatives, of the individual Ministers and the ministerial program. Fifth: The President of the Republic shall name another nominee to form the cabinet within fifteen days in case the Cabinet did not gain the confidence. Article 74: First: The conditions for assuming the post of the Prime Minister shall be the same as those for the President of the Republic, provided that he has completed thirty-five years of age and has a college degree or its equivalent. Second: The conditions for assuming the post of Minister shall be the same as those for members of the Council of Representatives provided that he holds a college degree or its equivalent. Article 75: The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander in chief of the armed forces. He directs the Council of Ministers, and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives. Article 76: The Prime Minister and members of the Cabinet shall take the Constitutional Oath before the Council of Representatives in the form stipulated in Article 48 of the Constitution. Article 77: The Cabinet shall exercise the following powers: First: Plan and execute the general policy and the general plans of the State and oversee the work of the ministries and departments not associated with a ministry. Second: To propose bills. Third: To issue rules, instructions and decisions for the purpose of implementing the law. Fourth: To prepare the draft of the general budget, the closing account, and the development plans. Fifth: To recommend to the Council of Representatives to approve the appointment of under secretaries, ambassadors, State senior officials, Chief of Staff of the Armed Forces and his assistants, Division Commanders or higher, Director of the National Intelligence Service, and heads of security institutions. Sixth: To negotiate and sign international agreements and treaties or designate any person to do so. Article 78: First: The President of the Republic shall take up the office of the Prime Minister in the event the post becomes vacant for any reason whatsoever. Second: The President must designate another nominee to form the cabinet within a period not to exceed fifteen days in accordance with the provisions of article 73 of this Constitution. Article 79: A law shall regulate the salaries and allowances of the Prime Minister and Ministers, and anyone of their grade. Article 80: The responsibility of the Prime Minister and the Ministers before the Council of Representatives is of a joint and personal nature.

Article 81: First: A law shall regulate the work of the security institutions and the National Intelligence Service and shall define its duties and authorities. It shall operate in accordance with the principles of human rights and be subject to the oversight of the Council of Representatives. Second: The National Intelligence Service shall be attached to the Cabinet. Article 82: The Council of Ministers shall establish internal bylaws to organize the work therein. Article 83: A law shall regulate the formation of ministries, their tasks, their responsibilities and the authorities of the minister. CHAPTER THREE: THE JUDICIAL AUTHORITYArticle 84: The Judicial authority is independent. The courts, in their various types and classes, shall assume this authority and issue decisions in accordance with the law. Article 85: Judges are independent and there is no authority over them except that of the law. No authority shall have the right to interfere in the Judiciary and the affairs of Justice. Article 86: The Federal Judicial Authority is comprised of the Higher Juridical Council, Supreme Federal Court, Federal Court of Cassation, Public Prosecution Department, Judiciary Oversight Commission and other federal courts that are regulated in accordance with the law. FIRST: Higher Juridical Council Article 87: The Higher Juridical Council shall oversee the affairs of the Judicial Committees. The law shall specify the method of its establishment, its authorities, and the rules of its operation. Article 88: The Higher Juridical Council shall exercise the following authorities: First: To manage the affairs of the Judiciary and supervise the Federal Judiciary. Second: To nominate the Chief Justice and members of the Federal Court of Cassation, the Chief Public Prosecutor, the Chief Justice of the Judiciary Oversight Commission and present them to the Council of Representatives to approve their appointment. Third: To propose the draft of the annual budget of the Federal Judiciary Authority and present it to the Council of Representatives for approval. SECOND: Federal Supreme Court Article 89: First: The Federal Supreme Court is an independent judicial body, financially and administratively. Second: The Federal Supreme Court shall be made up of number of judges, and experts in Islamic jurisprudence and law experts whose number, the method of their selection and the work of the court shall be determined by a law enacted by a two-third majority of the members of the Council of Representatives. Article 90: The Federal Supreme Court shall have jurisdiction over the following: First: Oversight of the constitutionality of laws and regulations in effect.

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Second: Interpretation of the provisions of the constitution. Third: Settle matters that arise from the application of the federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law shall guarantee the right of each of the Cabinet, the concerned individuals and others of direct contest with the Court. Fourth: Settle disputes that arise between the federal government and the governments of the regions and governorates, municipalities, and local administrations. Fifth: Settle disputes that arise between the governments of the regions and governments of the governorates. Sixth: Settle accusations directed against the President, the Prime Minister and the Ministers. That shall be regulated by law. Seventh: Ratify the final results of the general elections for membership in the Council of Representatives. Eight: A. Settle competency dispute between the Federal Judiciary and the judicial institutions of the regions and governorates that are not organized in a region. B. Settle competency dispute between judicial institutions of the regions or governorates that are not organized in a region. Article 91: Decisions of the Federal Supreme Court are final and binding for all authorities. THIRD: General Provisions Article 92: Special or exceptional courts may not be established. Article 93: The law shall regulate the establishment of courts, their types, classes and jurisdiction and the method of appointing and the terms of service of judges, public prosecutors, their discipline and their retirement. Article 94: Judges may not be removed except in cases specified by law; such law will determine the particular provisions related to them and shall regulate their disciplinary measures. Article 95: A judge or public prosecutor may not: First: Combine a position in the judiciary, and a position in the legislature and executive or any other employment. Second: Joining any party or political organization or perform any political activity. Article 96: A law shall regulate military judiciary and shall specify the jurisdiction of military courts, which will be limited to crimes of military nature that occur by members of the armed forces, security forces and within the limits stipulated by law. Article 97: It is prohibited to stipulate in law the immunization from appeal of any administrative work or decision. Article 98: It is permitted to regulate in a law the establishment of a State Council specialized in the functions of administrative judiciary, interpretation, drafting, and the State and various public institutions representation before the judicial bodies except those exempted by law. CHAPTER FOUR: INDEPENDENT COMMISSIONSArticle 99: The High Commission for Human Rights, Independent Electoral High Commission and Commission on Public Integrity are independent commissions, which shall be subject

to monitoring by the Council of Representatives. A law shall regulate their functions. Article 100: First: The Central Bank of Iraq, Board of Supreme Audit, Communication and Media Commission, and the Endowment Commissions are financially and administratively independent institutions. A law shall regulate the work of each of these institutions. Second: The Central Bank of Iraq is responsible before the Council of Representatives. The Board of Supreme Audit and the Communication and Media Commission shall be attached to the Council of Representatives. Third: The Endowment Commissions shall be attached to the Council of Ministers. Article 101: A commission named Foundation of Martyrs shall be established and attached to the Council of Ministers. Its functions and competencies shall be regulated by law. Article 102: A public commission shall be established to guarantee the rights of the regions and governorates that are not organized in a region in fair participation in managing the various state federal institutions, missions, fellowships, delegations, and regional and international conferences. The Commission shall be comprised of representatives of the federal government, and representatives of the regions and governorates that are not organized in a region and shall be regulated by a law. Article 103: A public commission shall be established by a law to audit and appropriate federal revenues. The commission shall be comprised of federal government experts and representatives and experts and representatives from the regions and governorates and shall assume the following responsibilities: First: Ensure the fair distribution of grants, aid, and international loans pursuant to the entitlement of the regions and governorates that are not organized in a region. Second: Ensure the ideal use and division of the federal financial resources. Third: Guarantee transparency and justice in appropriating funds to the governments of the regions and governorates that are not organized in a region in accordance with the established percentages. Article 104: A council named the Federal Public Service Council shall be established and shall regulate the affairs of the federal public service, including the appointment and promotion. A law shall regulate its formations and competencies. Article 105: Other independent commissions may be established according to need and necessity by a law. SECTION FOUR: POWERS OF THE FEDERAL GOVERNMENT Article 106: The federal authorities shall preserve the unity, integrity, independence, sovereignty of Iraq, and its federal democratic system. Article 107: The federal government shall have exclusive authorities in the following matters: First: Formulating foreign policy and diplomatic representation; negotiating, signing, and ratifying international treaties and agreements; negotiating, signing and ratifying

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debt policies and formulating foreign sovereign economic and trade policy; Second: Formulating and executing national security policy, including creating and managing armed forces to secure the protection, and to guarantee the security of Iraq's borders and to defend Iraq; Third: Formulating fiscal and customs policy, issuing currency, regulating commercial policy across regional and governorate boundaries in Iraq; drawing up the national budget of the State; formulating monetary policy, and establishing and administering a central bank; Fourth: Regulating standards, weights and measures; Fifth: Regulating the issues of citizenship, naturalization, residency and the right to apply for political asylum. Sixth: Regulating telecommunications and mail policy. Seventh: To draw up the general and investment budget bill. Eighth: Plan policies relating to water sources from outside Iraq, and guarantee the rate of water flow to Iraq and its fair distribution, in accordance with international laws and norms. Ninth: General population statistics and census. Article 108: Oil and gas are the ownership of all the people of Iraq in all the regions and governorates. Article 109: First: The federal government with the producing governorates and regional governments shall undertake the management of oil and gas extracted from current fields provided that it distributes oil and gas revenues in a fair manner in proportion to the population distribution in all parts of the country with a set allotment for a set time for the damaged regions that were unjustly deprived by the former regime and the regions that were damaged later on, and in a way that assures balanced development in different areas of the country, and this will be regulated by law. Second: The federal government with the producing regional and governorate governments shall together formulate the necessary strategic policies to develop the oil and gas wealth in a way that achieves the highest benefit to the Iraqi people using the most advanced techniques of the market principles and encourages investment. (Antiquities and antiquity sites, traditional constructions, manuscripts and coins are considered part of the national wealth which are the responsibility of the federal authorities. They will be administered in cooperation with the regions and governorates, and this will be regulated by law.) Article 110: The following competencies shall be shared between the federal authorities and regional authorities: First: To administer customs in coordination with the governments of the regions and governorates that are not organized in a region. This will be organized by law. Second: To regulate the main sources of electric energy and its distribution. Third: To formulate the environmental policy to ensure the protection of the environment from pollution and to preserve its cleanness in cooperation with the regions and governorates that are not organized in a region. Fourth: To formulate the development and general planning policies. Fifth: To formulate the public health policy in cooperation with the regions and governorates that are not organized in a region.

Sixth: To formulate the public educational and instructional policy in consultation with the regions and governorates that are not organized in a region. Seventh: To formulate and organize the main internal water sources policy in a way that guarantees fair distribution. This will be organized by law. Article 111: All powers not stipulated in the exclusive authorities of the federal government shall be the powers of the regions and governorates that are not organized in a region. The priority goes to the regional law in case of conflict between other powers shared between the federal government and regional governments. SECTION FIVE: POWERS OF THE REGIONS CHAPTER ONE: REGIONS Article 112: The federal system in the Republic of Iraq is made up of a decentralized capital, regions and governorates, and local administrations. Article 113: First: This Constitution shall approbate the region of Kurdistan and its existing regional and federal authorities, at the time this constitution comes into force. Second: This Constitution shall approbate new regions established in accordance with its provisions. Article 114: The Council of Representatives shall enact, in a period not to exceed six months from the date of its first session, a law that defines the executive procedures to form regions, by a simple majority. Article 115: One or more governorates shall have the right to organize into a region based on a request to be voted on in a referendum submitted in one of the following two methods: A. A request by one-third of the council members of each governorate intending to form a region. B. A request by one-tenth of the voters in each of the governorates intending to form a region. Article 116: The region shall adopt a constitution that defines the structure of the regional government, its authorities and the mechanisms of exercising these authorities provided that it does not contradict with this Constitution. Article 117: First: The regional authorities shall have the right to exercise executive, legislative, and judicial authority in accordance with this constitution, except for those powers stipulated in the exclusive powers of the federal government. Second: In case of a contradiction between regional and national legislation in respect to a matter outside the exclusive powers of the federal government, the regional authority shall have the right to amend the application of the national legislation within that region. Third: Regions and governorates shall be allocated an equitable share of the national revenues sufficient to discharge its responsibilities and duties, but having regard to its resources, needs and the percentage of its population. Fourth: The regions and governorates shall establish offices in the embassies and diplomatic missions, in order to follow up cultural, social and developmental affairs. Fifth: The Regional Government shall be responsible for all the administrative requirements of the region, particularly the

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establishment and organization of the internal security forces for the region such as police, security forces and guards of the region. CHAPTER TWO: GOVERNORATES THAT ARE NOT INCORPORATED INTO A REGION Article 118: First: The governorates shall be made up of number of districts, sub-districts and villages. Second: Governorates that are not incorporated in a region shall be granted broad administrative and financial authorities to enable it to manage its affairs in accordance with the principle of decentralized administration. This will be organized by law. Third: The governor, who is elected by the Governorate Council, is the highest executive official in the governorate to practice his powers authorized by the council. Fourth: A law shall regulate the election of the Governorate Council, the governor and their powers. Fifth: The governorate council shall not be subject to the control or supervision of any ministry or any institution not linked to a ministry. The governorate council shall have an independent finance. Article 119: Powers exercised by the federal government can be delegated to the governorates or vice versa, with the consent of both governments and shall be regulated by law. CHAPTER THREE: THE CAPITAL Article 120: First: Baghdad with its municipal borders is the capital of the Republic of Iraq and shall constitute, with its administrative borders, the governorate of Baghdad. Second: A law shall regulate the status of the capital. Third: The capital may not merge with a region. CHAPTER FOUR: THE LOCAL ADMINISTRATIONS Article 121: This Constitution shall guarantee the administrative, political, cultural and educational rights for the various nationalities, such as Turkmen, Caldeans, Assyrians and all other components. This will be organized by law. SECTION SIX: FINAL AND TRANSITIONAL PROVISIONS CHAPTER ONE: FINAL PROVISIONS Article 122: First: The President of the Republic and the Council of the Ministers collectively or one-fifth (1/5) of the Council of Representatives members may propose to amend the Constitution. Second: The fundamental principles mentioned in Section One and the rights and liberties mentioned in Section Two of the Constitution may not be amended except after two successive electoral terms, with the approval of two-thirds of the Council of Representatives members, and the approval of the people in a general referendum and the ratification of the President of the Republic within seven days. Third: Other Articles not stipulated in clause "Second" of this Article may not be amended, except with the approval of two-thirds of the Council of Representatives members and with the approval of the people in a general referendum and the ratification of the President of the Republic within seven days. Fourth: Articles of the constitution may not be amended if such amendment takes away from the powers of the regions that are not within the exclusive powers of the federal

authorities except by the consent of the legislative authority of the concerned region and the approval of the majority of its citizens in a general referendum. Fifth: A. The amendment is considered ratified by the President of the Republic after the expiration of the period stipulated in clauses "Second" and "Third" of this Article in case he does not ratify it. B. An amendment shall enter into force on the date of its publication in the Official Gazette. Article 123: The President of the Republic, the Prime Minister, members of the Council of Ministers, the Speaker of the Council of Representatives, his two Deputies and members of the Council of Representatives, members of the Judicial Authority and people of the special grades may not use their influence to buy or rent any of the State properties, or to rent or sell any of their assets to the State, or to sue the State for it or to conclude a contract with the State under the pretense of being building contractors, suppliers or concessionaires. Article 124: The laws and judicial judgments shall be issued in the name of the people. Article 125: Laws shall be published in the Official Gazette and shall take effect on the date of its publication, unless stipulated otherwise. Article 126: Existing laws shall remain in force, unless annulled or amended in accordance with the provisions of this constitution. Article 127: Every referendum mentioned in this constitution is valid with the approval of a simple majority of the voters unless otherwise stipulated. CHAPTER TWO: TRANSITIONAL PROVISIONS Article 128: First: The State guarantee care for political prisoners and victims of the oppressive practices of the defunct dictatorial regime. Second: The State guarantees compensation to the families of the martyrs and those injured due to terrorist acts. Third: A law shall regulate matters mentioned in clauses "First" and "Second" of this Article. Article 129: The Council of Representatives shall adopt in its first session the bylaws of the Transitional National Assembly until it adopts its own bylaws. Article 130: The Iraq High Criminal Court shall continue its duties as an independent judicial body, in examining the crimes of the defunct dictatorial regime and its symbols. The Council of Representatives shall have the right to dissolve by law the Iraqi High Criminal Court after the completion of its work. Article 131: First: The High Commission for De-Ba'athification shall continue its functions as an independent commission, and in coordination with the Judicial Authority and the Executive institutions within the framework of the laws regulating its functions. The Commission shall be attached to the Council of Representatives.

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Second: The Council of Representatives shall have the right to dissolve this Commission after the completion of its function by absolute majority. Third: The nominee to the Position of the President of the Republic, the Prime Minister and the members of the Ministers Council, the Speaker and the members of the Council of Representatives, the President and members of the Federation Council, the corresponding positions in the regions, members of the Judicial committees and other positions included in the De-Ba'athification pursuant to the law may not be subject to De-Ba'athification judgments. Fourth: The conditions stated in clause "Third" of this article shall remain in force unless the commission provided for in clause "First" of this article is dissolved. (Fifth: Membership in the defunct Ba'ath party alone is not considered a sufficient basis for transfer to the courts, and a member enjoys equality before the law and its protection, as long as he is not subject to the rulings of the De-Ba'athification Commission and its bylaws.) (Sixth: The Council of Representatives will form a parliamentary committee from its members to oversee and review the executive activities of the Supreme De-Ba'athification Commission and state agencies to guarantee justice, objectivity and transparency, and to examine its accordance with the law. The committee's decisions will be subject to agreement by the Council of Representatives.) Article 132: First: The Property Claims Commission shall continue its functions as an independent commission in coordination with the Judicial authority and the Executive institutions in accordance with the law. The Property Claims Commission shall be attached to the Council of Representatives. Second: The Council of Representatives shall have the right to dissolve the Commission by a two-thirds majority vote of its members. Article 133: Application of the provisions of the articles related to the Federation Council, wherever it may be cited in this Constitution, shall be postponed until the Council of Representatives issues a decision by a two-thirds majority vote in its second electoral term that is held after this Constitution comes into force. Article 134: First: The expression "the Presidency Council" shall replace the expression "the President of the Republic" wherever it is mentioned in this Constitution. The provisions related to the President of the Republic shall be reactivated one successive term after this Constitution comes into force. Second: A. The Council of Representatives shall elect the President of the State and two Vice Presidents who shall form a Council called "the Presidency Council," which shall be elected by one list and with a two-thirds majority. B. The provisions to remove the President of the Republic present in this constitution shall apply to the President and members of the Presidency Council. C. The Council of Representatives may remove a member of the Presidency Council with a three-fourths majority of its members for reasons of incompetence and dishonesty. D. In the event of a vacant seat in the Presidency Council, the Council of Representatives shall elect a replacement by a two-thirds majority vote of its members.

Third: The members of the Presidency Council shall be subject to the same conditions as members of the Council of Representatives and must also: A. Have completed forty years of age. B. Enjoy good reputation, integrity and uprightness. C. Have quit the defunct Party ten years prior to its fall, in case he was a member of the dissolved Baath Party. D. Have not participated in suppressing the 1991 uprising and the Anfal campaign. He must not have committed a crime against the Iraqi people. Fourth: The Presidency Council shall issue its decisions unanimously and a member may delegate his place to any of the other members. Fifth: A. Legislation and decisions enacted by the Council of representatives shall be forwarded to the Presidency Council to approve it unanimously and to issue it within ten days from the date of delivery to the Presidency Council, except the stipulations of Articles (114) and (115) that pertain to the formation of regions. B. In the event the Presidency Council does not approve, legislation and decisions shall be sent back to the Council of Representatives to re-examine the disputed issues and to vote on by the majority of its members and then shall be sent for the second time to the Presidency Council for approval. C. In the event the Presidency Council does not approve the legislation and decisions for the second time within ten days of receipt, the legislation and decisions are sent back to the Council of Representatives who have the right to adopt it by a three-fifths non-appealable majority vote and shall be considered ratified. Sixth: The Presidency Council shall practice the powers of the President of the Republic stipulated in this Constitution. Article 135: The Prime Minister shall have two deputies in the first electoral cycle. Article 136: First: The Executive Authority shall undertake the necessary steps to complete the implementation of the requirements of all subparagraphs of Article 58 of the Transitional Administrative Law. Second: The responsibility placed upon the executive branch of the Iraqi Transitional Government stipulated in Article 58 of the Transitional Administrative Law shall extend and continue to the executive authority elected in accordance with this constitution, provided that it completes (normalization and census and concludes with a referendum in Kirkuk and other disputed territories to determine the will of their citizens), in a period not to exceed (the thirty first of December two thousand and seven). Article 137: Legislation enacted in the region of Kurdistan since 1992 shall remain in force, and decisions issued by the government of the region of Kurdistan - including court decisions and agreements - shall be considered valid unless it is amended or annulled pursuant to the laws of the region of Kurdistan by the competent entity in the region, provided that they do not contradict with the constitution. (First: At the start of its functioning, the Council of Representatives shall form a committee from its members, which will be representative of the main components of Iraqi society and the duty of which will be to present within a

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period no longer than four months to the Council of Representatives a report that includes recommendations for the necessary amendments that can be made to the Constitution. The committee will be dissolved after a decision is made on its proposals. Second: The amendments proposed by the committee will be put before the Council of Representatives in a single batch for approval. It will be considered approved by the agreement of an absolute majority of the number of council members. Third: The articles amended by the Council of Representatives under the second clause of this article will be put before the people for a referendum within two months of the Council of Representatives' approval of them. Fourth: The referendum on the amended articles will be considered successful with the agreement by an absolute majority of those who vote, unless it is rejected by two-thirds of those who vote in three governorates or more. Fifth: This is an exception to Article 61/2712263/47 of this Constitution 61/27which concerns amending the constitution63/47. After the amendments discussed in this article are decided on, work will return to the terms of Article 61/2712263/47.) Article 138: The Transitional Administrative Law and its Annex shall be annulled on the seating of the new government, except for the stipulation of Article 53(A) and Article 58 of the Transitional Administrative Law. Article 139: This Constitution shall come into force after the approval of the people thereon in a general referendum, its publication in the Official Gazette and the seating of the government that is formed pursuant to this constitution. --Courtesy the Associated Press-- THE CONSTITUTION OF THE HASHEMITE KINGDOM OF JORDAN, 1952 (as Amended to 1984)Table of ContentsChapter I The State and System of GovernmentChapter II Rights and Duties of JordaniansChapter III Powers of The State: General ProvisionsChapter IV The Executive PowerPart I The King and His PrerogativesPart II MinistersChapter V The Legislative Power; The National AssemblyPart I The SenatePart II The House of DeputiesPart III Provisions Governing Both Houses of ParliamentChapter VI The JudiciaryChapter VII Financial MattersChapter VIII General ProvisionsChapter IX Enforcement and Repeal of Laws

We, Talal the First, King of the Hashemite Kingdom of Jordan, in accordance with Article 25 of the Constitution, and in pursuance of the decision of the Senate and House of Representatives, hereby approve this revised Constitution and decree its promulgation.CHAPTER I THE STATE AND SYSTEM OF GOVERNMENTArticle 1The Hashemite Kingdom of Jordan is an independent sovereign Arab State. It is indivisible and inalienable and no

part of it may be ceded. The people of Jordan form part of the Arab nation, and its system of government is parliamentary with a hereditary monarchy.Article 2Islam is the religion of the State and Arabic is its official language.Article 3The city of Amman shall be the capital of the Kingdom, but it may be transferred to another place by special law.Article 4The Jordanian flag shall be of the following form and dimensions: “The length of the flag shall be twice its width. It shall be divided horizontally into three parallel and equal stripes, the uppermost of which shall be black, the centre, white, and the lowest, green. At the end of the flag-staff the flag shall have a red triangle, the base of which shall be equal to its width. In the triangle there shall be a white seven-pointed star of such a size that it may be one-fourteenth part of its length. The star shall be so placed that its centre shall be at the intersection of the lines bisecting the angles of the triangle, and the axis through one of its points shall be parallel to the base of the triangle.”CHAPTER II RIGHTS AND DUTIES OF JORDANIANSArticle 5Jordanian nationality shall be defined by Law.Article 6(i) Jordanians shall be equal before the Law. There shall be no discrimination between them as regards to their rights and duties, on grounds of race, language or religion.(ii) The Government shall ensure work and education within the limits of its possibilities, and shall ensure a state of tranquility and equal opportunities to all Jordanians.Article 7Personal freedom shall be guaranteed.Article 8No person may be detained or imprisoned except in accordance with the provisions of the law.Article 9(i) No Jordanian shall be deported from the territory of the Kingdom.(ii) No Jordanian shall be prevented from residing at any place, or be compelled to reside in any specified place, except in the circumstances prescribed by law.Article 10Dwelling houses shall be inviolable and shall not be entered except in the circumstances and manner prescribed by Law.Article 11No property of any person shall be expropriated except for purposes of public utility and in consideration of a just compensation, as may be prescribed by Law.Article 12No loans shall be forcibly imposed and no property, movable or immovable, shall be confiscated, except in accordance with the Law.Article 13Compulsory labour shall not be imposed on any person, but any person may be required to do any work or to render any service in circumstances prescribed by law, as stated hereunder.(i) In a state of necessity, such as a state of war, the occurrence of a public danger, or fire, flood, famine, earthquake, serious

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epidemic amongst human beings or animals or animal diseases, insects or pests or any other similar event, or in any other circumstances which would endanger the safety of the population, in whole or in part.(ii) As a result of the conviction of the person concerned by a Court of law, provided that the work is done and the service is rendered under the supervision of an official authority and provided further that no convicted person shall be hired to, or placed at the disposal of, any person company or public body.Article 14The State shall safeguard the free exercise of all forms of worship and religious rites in accordance with the customs observed in the Kingdom, unless such exercise is inconsistent with public order or morality.Article 15(i) The State shall guarantee freedom of opinion. Every Jordanian shall be free to express his opinion by speech, in writing, or by means of photographic representation and other forms of expression, within the limits of the law.(ii) Freedom of the press and publications shall be ensured within the limits of the law.(iii) Newspapers shall not be suspended from publication nor their permits be withdrawn except in accordance with the provisions of the law.(iv) In the event of the declaration of martial law or a state of emergency, a limited censorship on newspapers, pamphlets, books and broadcasts in matters affecting public safety or national defence may be imposed by law.(v) Control of the resources of newspapers shall be regulated by law.Article 16(i) Jordanians shall have the right to hold meetings within the limits of the law.(ii) Jordanians are entitled to establish societies and political parties provided that the objects of such societies and parties are lawful, their methods peaceful, and their bye-laws not inconsistent with the provisions of this Constitution.(iii) The establishment of societies and political parties and control of their resources shall be regulated by law.Article 17Jordanians are entitled to address the public authorities on any personal matters affecting them, or on any matter relative to public affairs, in such a manner and under such conditions as may be prescribed by law.Article 18All postal, telegraphic and telephonic communications shall be treated as secret, and as such shall not be subjected to censorship or suspension except in circumstances prescribed by law.Article 19Congregations shall have the right to establish and maintain their own schools for the education of their own members provided that they comply with the general provisions of the law and submit to the control of government in matters relating to their curricula and orientation.Article 20Elementary education shall be compulsory for Jordanians and free of charge in government schools.Article 21(i) Political refugees shall not be extradited on account of their political beliefs or for their defence of liberty.

(ii) Extradition of ordinary criminals shall be regulated by international agreements and laws.Article 22(i) Every Jordanian shall be entitled to be appointed to public offices under such conditions as are prescribed by law or regulations.(ii) Appointment to any government office or to any institution attached to the Government, or to any municipal office, whether such appointment is permanent or temporary, shall be made on the basis of merits and qualifications.Article 23(i) It is the right of every citizen to work, and the State shall provide opportunities for work to all citizens by directing the national economy and raising its performance level.(ii) The State shall protect labour and enact legislation to this effect based on the following principles:(a) Every workman shall receive wages commensurate with the quantity and quality of his work.(b) The number of hours of work per week shall be limited. Workers shall be given weekly and annual days of paid rest.(c) Special compensation shall be given to workers supporting families and on dismissal, illness, old-age and emergencies arising out of the nature of their work.(d) Special conditions shall be made for the employment of women and juveniles.(e) Factories and workshops shall be subject to health rules.(f) Free Trade unions shall be formed within the limits of law.CHAPTER III POWERS OF THE STATE: GENERAL PROVISIONSArticle 24(i) The Nation is the source of all powers.(ii) The Nation shall exercise its powers in the manner prescribed by this Constitution.Article 25The Legislative Power shall be vested in the National Assembly and the King. The National Assembly shall consist of a Senate and a House of Deputies.Article 26The Executive Power shall be vested in the King who shall exercise His powers through His Ministers in accordance with the provisions of this Constitution.Article 27The Judicial Power shall be exercised by the different courts of law, and all judgments shall be given in accordance with the law and pronounced in the name of the King.CHAPTER IV THE EXECUTIVE POWERPART I THE KING AND HIS PREROGATIVESArticle 28The throne of the Hashemite Kingdom is limited by inheritance to the dynasty of King Abdullah Ibn Al-Hussein in a direct line through his male heirs as provided in the following provisions:(a)[1] The Royal title shall pass from the holder of the Throne to his eldest son, and to the eldest son of that son and by similar process thereafter. Should the eldest son die before the Throne devolves upon him, his eldest son shall inherit the Throne, despite the existence of brothers of the deceased son. The King, however, may select one of his brothers as heir apparent. In the latter case, title to the Throne shall pass to him from the holder of the Throne.

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(b) Should the person entitled to the Throne die without a male heir, the Throne shall pass to his eldest brother. In the event that the holder of the Throne has no brothers, the Throne shall pass to the eldest son of his eldest brother. Should his eldest brother have no son, the Throne shall pass to the eldest son of his other brothers according to their seniority in age.(c) In the absence of any brothers or nephews, the throne shall pass to the uncles and their descendants according to the order prescribed in paragraph (b) above.(d) Should the last King die without any heir, in the manner prescribed above, the Throne shall devolve upon the person whom the National Assembly shall select from amongst the descendants of the founder of the Arab Revolt, the late King Hussein Ibn Ali.(e) No person shall ascend the Throne unless he is a Moslem, mentally sound and born by a legitimate wife and of Moslem parents.(f) No person shall ascend the Throne who has been excluded from succession by a Royal Decree on ground of his unsuitability. Such exclusion shall not of itself include the descendants of such person. The Royal Decree of exclusion shall be signed by the Prime Minister and by four Ministers at least of whom two shall be the Minister of Justice and Minister of Interior.(g) The King attains his age of majority upon the completion of his eighteenth year, according to the lunar calendar. If the Throne devolves upon a person who is under this age, the powers of the King shall be exercised by a Regent or Council of Regency, who shall have been appointed by a Royal Decree by the reigning King. If the King dies without making such nomination, the Council of Ministers shall appoint the Regent or Council of Regency.(h) In the event of the King becoming unable to exercise his powers through illness, His powers shall be exercised by a Viceregent or Council of Viceregents. Such Viceregent or Council of Viceregents shall be appointed by a Royal Decree, and if the King is incapable of making such appointment, the appointment shall be made by the Council of Ministers.(i) Should the King desire to leave the country, he shall, before his departure, appoint, by a Royal Decree a Viceregent or Council of Viceregents to exercise his powers during his absence. The Viceregent or Council of Viceregents shall observe any conditions which may be prescribed in the Royal Decree. If the absence of the King is extended to more than four months and the National Assembly is not in session, the Assembly shall be summoned immediately to consider the matter.(j) Before the Regent or Viceregent or any member of the Council of Regency or of the Council of Viceregents assumes his office, he shall take an oath, as prescribed in Article 29 hereof, before the Council of Ministers.(k) In the event of the death of the Regent or Viceregent, or member of the Council of Regency or of the Council of Viceregents, or should he become incapable of performing his duties, the Council of Ministers shall appoint a suitable person to replace him.(l) A Regent, or Viceregent, or member of the Council of Regency or of the Council of Viceregents must not be less than thirty years of age, according to the lunar calendar year. However, any male relative of the King who has completed his eighteenth year of age, may be appointed to any such office.

(m) In the event of the King being incapacitated by any mental illness, the Council of Ministers, on confirmation of his illness, shall immediately convene the National Assembly. Should the illness be definitely confirmed, the National Assembly shall, by resolution, depose the King, whereupon title to the Throne shall devolve upon the person entitled thereto after him according to the provisions of this Constitution. If the House of Deputies stands dissolved at the time, or if its term had expired and no new House had been elected, the former House of Deputies shall be convened for the purpose.Article 29The King shall, upon his accession to the Throne, take an oath before the National Assembly, which shall be convened under the chairmanship of the Speaker of the Senate, to respect and observe the Constitution and be loyal to the nation.Article 30The King is the Head of the State and is immune from any liability and responsibility.Article 31The King ratifies the laws and promulgates them. He shall direct the enactment of such regulations as may be necessary for their implementation, provided that such regulations are not inconsistent with the provisions thereof.Article 32The King is the Supreme Commander of the Army, Naval and Air Forces.Article 33[2](i)[3] The King declares war, concludes peace and confirms treaties and agreements.(ii) Treaties and agreements which involve financial commitments to the Treasury or affect the public or private rights of Jordanians shall not be valid unless they are sanctioned by the National Assembly. In no circumstances shall any secret terms contained in any treaty or agreement be contradictory to their overt terms.Article 34(i) The King issues orders for the holding of elections to the House of Deputies in accordance with the provisions of the law.(ii) The King convenes the National Assembly, inaugurates it, adjourns it, and prorogues it in accordance with the provisions of the Constitution.(iii) The King may dissolve the House of Deputies.(iv)[4] The King may dissolve the Senate or he may suspend the membership of one of its members.Article 35The King appoints the Prime Minister, dismisses him or accepts his resignation. Ministers are appointed, dismissed and their resignations accepted by the King upon the recommendation of the Prime Minister.Article 36The King appoints members of the Senate, and appoints the Speaker from amongst them and accepts their resignation.Article 37(i) The King creates, grants and withdraws military and civil ranks, medals and honourable titles and may delegate this authority to any other person by special law.(ii) Currency shall be minted in the name of the King, in execution of the law.Article 38

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The King has the right to grant a special pardon or remit any sentence, but any general pardon shall be determined by special law.Article 39No death sentence shall be executed except after confirmation by the King. Every such sentence shall be placed before the King by the Council of Ministers accompanied by their opinion thereon.Article 40The King shall exercise the powers vested in Him by Royal Decrees. Any such Decree shall be signed by the Prime Minister and the Minister or Ministers concerned. The King expresses his concurrence by placing his signature above the signatures of the other ministers.PART II MINISTERSArticle 41The Council of Ministers shall consist of the Prime Minister, who shall be the President, and of such number of Ministers as may be needed and as the public interest may require.Article 42No person shall be appointed as a minister unless he is a Jordanian.Article 43The Prime Minister and Ministers shall, before assuming their duties, take the following oath, before the King:“I swear by God, the Almighty, to be loyal to the King, uphold the Constitution, serve the nation and perform the duties entrusted to me with honesty.”Article 44No Minister shall purchase or lease any Government property even if the sale or lease thereof has been offered in a public auction. He shall not, while holding his ministerial post, become a member of the board of directors of any company or take part in any financial transaction or receive a salary from any company.Article 45(i)[5] The Council of Ministers shall be entrusted with the responsibility of administering all affairs of the State, internal and external, with the exception of such matters which are or may be entrusted by this Constitution or by any other legislation to any other person or body.(ii) The duties of the Prime Minister, the Ministers and the Council of Ministers shall be prescribed by regulations made by the Council of Ministers and confirmed by the King.Article 46Any Minister may be entrusted with one or more Ministries as may be stated in the Order of Appointment.Article 47(i) Every Minister shall be responsible for the conduct of all matters pertaining to his Ministry. He shall refer to the Prime Minister any matter not falling within his jurisdiction.(ii) The Prime Minister shall dispose of all matters within his powers and jurisdiction and shall refer other matters to the Council of Ministers for such decision as may be necessary.Article 48The Prime Minister and Ministers shall sign all decisions taken by the Council of Ministers, which shall be submitted to the King for approval in all cases required under the present Constitution or any law or regulations enacted thereunder. Such decisions shall be executed by the Minister and Ministers each within the limits of his jurisdiction.

Article 49Verbal or written orders of the King shall not release the Ministers from their responsibility.Article 50In the event of the resignation or release of the Prime Minister from his office, all Ministers shall be considered to have automatically resigned or released from their offices, as the case may be.Article 51The Prime Minister and Ministers shall be collectively responsible before the House of Deputies in respect of the general policy of the State. In addition, each Minister shall be responsible before the House of Deputies in respect of the actions of his Ministry.Article 52The Prime Minister, or any Minister who is a member of either the House of Deputies or the Senate, shall be entitled to vote in the House to which he belongs and to speak in both Houses. However, Ministers who are not members of either House can speak in both Houses without the right to vote..Article 53(i)[6] A vote of no confidence in the Council of Ministers or in any Minister may be cast by the House of Deputies.(ii) If the House of Deputies casts a vote of no confidence in the Council of Ministers by an absolute majority of all its members, the Council of Ministers must tender its resignation.(iii) If the vote of no confidence concerns an individual Minister, that minister alone must resign his office.Article 54(i) A session to consider a vote of confidence in the Council of Ministers or in any individual Minister shall be held at the request of the Prime Minister or at a request signed by no less than ten Deputies.(ii)[7] A vote of confidence in the Council of Ministers or in any individual Minister may be postponed only for one period not exceeding ten days, either upon the request of the Minister concerned, or of the Council of Ministers. The House shall not be dissolved during this period.(iii)[8] Every newly formed Council of Ministers shall, within one month of its formation, in cases where the House of Deputies is in session, place before the House of Deputies a statement of its policy and ask for a vote of confidence on the basis of that statement. If the House of Deputies is not in session at the time, or was dissolved, the Speech from the Throne shall be considered a statement of its policy for the purposes of this Article.Article 55Ministers shall be tried by a High Tribunal for offences which may be attributed to them in the course of the performance of their duties.Article 56The House of Deputies is entitled to impeach Ministers, but a bill of impeachment shall not be passed except by a majority of two-thirds of the members of the House. The House of Deputies shall appoint, from among its members, Deputies who shall present the impeachment to, and endorse it before, High Tribunal.Article 57The High Tribunal for the trial of Ministers shall consist of the Speaker of the Senate as President and eight members, three of whom shall be selected by ballot by the Senate from amongst its members and five members to be selected from amongst

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the judges of the highest Civil Court in order of seniority. In case of necessity, the number shall be completed from Presidents of the lower Courts, in order of seniority also.Article 58The High Tribunal shall apply the provisions of the Penal Code in force in respect of offences specified therein. A special law shall specify the offences for which Ministers shall be responsible in cases where such offences are not covered by the Penal Code.Article 59[9] Judgements shall be given by the High Tribunal by a majority of six votes.Article 60The High Tribunal shall make its own Rules of Procedure in trying Ministers until such time as a special law for this purpose is promulgated.Article 61A Minister who is impeached by the House of Deputies shall be suspended from office until his case is determined by the High Tribunal. His resignation shall not prevent the taking of criminal proceedings against him, or the continuance of his trial.CHAPTER V THE LEGISLATIVE POWER; THE NATIONAL ASSEMBLYArticle 62The National Assembly shall consist of two Houses: The Senate and the House of Deputies.PART I THE SENATEArticle 63The Senate, including the Speaker, shall consist of no more than one-half of the number of the members of the House of Deputies.Article 64In addition to the requirements prescribed in Article 75 of this Constitution, a Senator must have completed forty calendar years of age and must belong to one of the following classes. Present and Past Prime Ministers and Ministers, persons who had previously held the office of Ambassador, Minister Plenipotentiary. Speaker of the House of Deputies, President and Judges of the Court of Cassation, and of the Civil and Shari’a Courts of Appeal, retired military officers of the rank of Lt. General and above, former Deputies who were elected at least twice as Deputies and other similar personalities who enjoy the confidence and trust of the people in view of the services they had rendered to the nation and country.Article 65(i)[10] The term of office of Senators shall be for four years, and their appointment shall be renewed every four years. Senators whose term of office have expired may be reappointed for a further term.(ii) The term of office of the Speaker of the Senate shall be for two years but he may be reappointed for a further term.Article 66(i) The Senate shall meet simultaneously with the House of Deputies and the sessions shall be the same for both Houses.(ii) If the House of Deputies is dissolved, the sessions of the Senate shall be suspended.PART II THE HOUSE OF DEPUTIESArticle 67

The House of Deputies shall consist of members, elected by secret ballot, in a general direct election and in accordance with the provisions of an Electoral Law which shall ensure the following principles:(i) The validity of the elections(ii) The right of candidates to supervise the process of election.(iii) The punishment of any person who may adversely influence the will of voters.Article 68(i)[11] The term of office of the House of Deputies shall be for four calendar years commencing from the date of the announcement of the results of the general elections in the Official Gazette. The King may, by a Royal Decree, prolong the term of the House for a period of not less than one year and not more than two years.(ii) A general election shall take place during the four months preceding the end of the term of the House. If, for any reason, the election is delayed after the termination of the term of the House, the House shall remain in office until the election of a new House.Article 69(i) The House of Deputies shall elect its Speaker at the beginning of each ordinary session by a secret ballot for a period of one calendar year, but he may be re-elected.(ii) If the House of Deputies holds an extraordinary session and has no Speaker, the House shall elect its Speaker whose term of office will terminate at the beginning of the ordinary session.Article 70In addition to the requirements prescribed in Article 75 of this Constitution, a Deputy must have completed thirtieth calendar year of his age.Article 71The House of Deputies shall have the right to decide on the validity of the election of its members. Any voter shall have the right to present a petition to the Secretariat of the House within fifteen days of the announcement of the results of the elections in his constituency, setting out the legal reasons for invalidating the election of any Deputy. No election shall be considered invalid unless it has been declared as such by a majority of two-thirds of the members of the House.Article 72Any Deputy may resign his seat by notifying the Speaker of the House of Deputies in writing, and the Speaker shall place the resignation before the House for a decision as to whether the resignation should be accepted or rejected.Article 73(i) If the House of Deputies is dissolved, a general election must take place, and the new House assembled in an extraordinary session, not later than four months from the date of its dissolution. Such session shall be deemed to be an ordinary session within the meaning of Article 78 of this Constitution and shall be subject to the conditions prescribed therein for prolongation or adjournment.(ii) If no elections have taken place by the end of the four months, the dissolved House shall have its full constitutional powers restored and assemble forthwith as if its dissolution had not taken place and shall remain in office until the election of a new House.(iii)[12] Such extraordinary session shall not, at any event, continue after the 30th day of September and shall be

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prorogued on that date so that the House may be able to convene its first ordinary session on the first day of October. If such extraordinary session is convened in the month of October or November, it shall be regarded as the first ordinary session of the House of Deputies.(iv)[13] Notwithstanding the provisions of paragraphs (i) and (ii) of this Article, the King may postpone holding general elections—for a period not exceeding one year—if a force majeure has occurred which the Council of Ministers considers as rendering the holding of elections impossible.(v)[14] Should the force majeure stated in paragraph (iv) hereof persist, the King may, upon a decision by the Council of Ministers, reinstate and convene the dissolved House. Such House shall be deemed as having been in existence in all respects from the date of the issue of the Royal Decree effecting its reinstatement. The House shall exercise its full constitutional powers and be subject to the provisions stated in this Constitution, including those pertaining to the term of the House and its dissolution. The session which it holds in such case shall be considered the first ordinary session regardless of the date when it takes place.(vi)[15] Should the Council of Ministers consider that the holding of general elections in at least one half of the constituencies is possible in spite of the persistence of the force majeure referred to in this Article, the King may order the holding of elections in such constituencies. The successful members shall elect not more than one-half of the number of the members for the other constituencies in which it was impossible to hold elections, provided that they can hold a (valid) meeting only by a majority of three-quarters of their number, and provided also that the elections shall be by at least two-thirds majority and shall be in accordance with the provisions and in the manner provided for in Article (88) of the Constitution. The successful members and the members elected in accordance with this paragraph shall elect the remaining members for the said constituencies in accordance with the provisions of this paragraph.Article 74[16] If the House of Deputies was dissolved for any reason, the new House shall not be dissolved for the same reason. A Minister who intends to nominate himself for election must resign fifteen days at least before the beginning of the nomination.PART III PROVISIONS GOVERNING BOTH HOUSES OF PARLIAMENTArticle 75(i) No person shall become a Senator or Deputy:(a) Who is not a Jordanian.(b) Who claims foreign nationality or protection.(c) Who was adjudged bankrupt and has not been legally discharged.(d) Who was interdicted for any reason and the interdiction has not been removed.(e) Who was sentenced to a term of imprisonment exceeding one year for a non-political offence and has not been pardoned.(f) Who has a material interest in any contract, other than a contract or lease of land and property, with any Department of Government, provided that this provision shall not apply to any shareholder in a company of more than ten members.(g) Who is insane or an imbecile.

(h) Who is related to the King within a degree of consanguinity to be prescribed by special law.(ii) Should any Senator or Deputy become disqualified during his term of office or should it appear after his election that he lacks one or more of the qualifications stated in the preceding paragraph, his membership shall, by a resolution of two-thirds of the House to which he belongs, be considered extinct and vacant, provided that such a resolution, if passed by the Senate, is submitted to the King for approval.Article 76Subject to the provisions of Article (52) of this Constitution, no person shall be allowed to be a member of either the House of Deputies or the Senate and a holder of a public office at the same time. Public office means every office whose holder receives his salary from public funds, and it includes municipal offices. Similarly, no person is allowed to be a member of both the House of Deputies and the Senate.Article 77Subject to the provisions of this Constitution relating to the dissolution of the House of Deputies, the National Assembly shall hold one ordinary session during every year of its term.Article 78(i)[17] The King shall summon the National Assembly to an ordinary session on the first day of October of each year or, if that day is an official holiday, on the first day following the official holiday, provided that the King may, by Royal Decree published in the Official Gazette, postpone for a period not exceeding two months, the summoning of the Assembly to a date to be fixed by the Royal Decree.(ii) If the National Assembly is not summoned in accordance with the preceding paragraph, it shall assemble of its own motion as if it was so summoned.(iii)[18] The ordinary session of the National Assembly shall begin on the date upon which it was summoned to meet in accordance with the two preceding paragraphs, and shall last for four months unless the House of Deputies is dissolved by the King before the expiration of that period. The session may be prolonged by the King for a further period not exceeding three months to allow for the despatch of pending matters. At the expiration of the four months or any such prolongation thereof, the King shall prorogue the Assembly.Article 79The King shall open the ordinary session of the National Assembly by a Speech from the Throne addressed to both the Senate and the House of Deputies. He may deputise the Prime Minister or any of the Ministers to perform the opening ceremony and deliver the Speech from the Throne. The House of Deputies and the Senate shall each submit a petition which shall contain its reply thereto.Article 80Every Senator and Deputy shall, before taking his seat, take an oath before his House as follows:“I swear by the Almighty God to be loyal to the King and to the country and uphold the Constitution, serve the Nation and duly perform the duties entrusted to me”.Article 81(i) The King may, by Royal Decree, adjourn the sessions of the National Assembly not more than three times, or two times only if he had postponed the meeting of the National Assembly under paragraph (i) of Article (78), provided that during any one session the period of such postponement shall not exceed two months in the aggregate, including the period

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of postponement. In computing the term of the session, the periods covered by any such adjournment shall not be taken into account.(ii) The Senate and the House of Deputies may adjourn their session from time to time in conformity with their own Internal Regulations.Article 82(i) The King may, whenever necessary, convene the National Assembly to meet in an extraordinary session for an unspecified period for the purpose of deciding matters to be specified in the Royal Decree, when the summons is issued. An extraordinary session shall be prorogued by a Royal Decree.(ii) The King may convene the National Assembly to meet in an extraordinary session at the request of an absolute majority of the Deputies. Such request shall be contained in a petition specifying the matters which it is desired to discuss.(iii) The National Assembly shall not discuss in any extraordinary session except such matters as are specified in the Royal Decree convening the session.Article 83The Senate and the House of Deputies shall each make its Internal Regulations for the control and organizations of its own proceedings and shall submit such Orders to the King for confirmation.Article 84(i)[19] No meeting of either House shall be considered valid unless it is attended by two-thirds of the members of either House, and shall continue to be considered valid as long as an absolute majority of the members of either House is present.(ii) Resolutions by the Senate and the House of Deputies shall be taken by majority of votes of the members present, excluding the Speaker, who shall not vote except where it is otherwise provided in this Constitution. In the case of equality of votes, the Speaker shall give a casting vote.(iii) If the voting is related to the Constitution, or to a vote of no confidence in the Council of Ministers, or in an individual Minister, the votes shall be taken by calling the names of members in a loud voice.Article 85The sessions of both the Senate and the House of Deputies shall be held in public. Secret sessions may, however, be convened at the request of the Government or of five Senators or Deputies. If such a request is made the Senate or House of Deputies shall decide whether it should be accepted or rejected.Article 86(i) No Senator or Deputy shall be detained or tried during the currency of the sessions of the National Assembly unless the House to which he belongs decided by an absolute majority that there is sufficient reason for his detention or trial or unless he was arrested flagrante delicto. In the event of his arrest in this manner, the House to which he belongs, shall be notified immediately.(ii) If a member is detained for any reason while the National Assembly is not sitting, the Prime Minister shall notify the Senate or the House of Deputies when it reassembles of the proceedings which were taken against him, coupled with the necessary explanation.Article 87Every Senator or Deputy shall have complete freedom of speech and expression of opinion within the limits of the

Internal Regulations of the Senate or House of Deputies, as the case may be, and shall not be answerable in respect of any vote he gave or opinion expressed or speech made by him during the meetings of the House.Article 88[20] When a seat becomes vacant in the Senate or in the House of Deputies by death or resignation or for any other reason, it shall be filled by appointment in the case of a Senator and by the holding of a by-election in the case of a deputy within a period of two months from the date on which the Government is notified of the vacancy by the House. The term of the new member shall be for the remaining part of the term of his predecessor.However, if a seat in the House becomes vacant for any constituency for any reason and should there be force majeure on account of which the Council of Ministers considers that rendering a by-election to fill that seat is impossible, the House of Deputies, by the absolute majority of its members and within one month of its being notified thereof, shall elect a member to fill the said seat from amongst the inhabitants of the said constituency to who the provisions of the Constitution are applicable and in the manner the House deems appropriate.Article 89(i) In addition to the circumstances under which the Senate and House of Deputies may assemble in a joint meeting as prescribed in Articles (34), (79) and (92) of this Constitution, both Houses shall also hold a joint meeting at the request of the Prime Minister.(ii) When the Senate and House of Deputies assemble in a joint meeting, the meeting shall be presided over by the Speaker of the Senate.(iii)[21] A joint meeting of the Senate and House of Deputies shall not be considered valid unless an absolute majority of members of each House is present. Resolutions at such a meeting shall be taken by a majority of the Senators and Deputies present, exclusive of the Speaker who, in case of equality of votes, shall have a casting vote.Article 90No Senator or Deputy shall be removed from his office except by a decision of the House to which he belongs, provided that, other than in the case of disqualification and combination of offices as prescribed in this Constitution and in the Electoral Law, the resolution to remove a Senator or Deputy must be taken by a two-thirds majority of the House. If the resolution of removal concerns a Senator, the decision must be submitted to the King for approval.Article 91The Prime Minister may place before the House of Deputies any draft law and the House shall be entitled to accept, amend, or reject the draft but, in all cases, the House shall refer the draft law to the Senate. No law may be promulgated unless it is passed by both the Senate and the House of Deputies and confirmed by the King.Article 92Should either the Senate or the House of Deputies twice reject any draft law and the other accept it, whether in a revised form or otherwise, both the Senate and the House shall assemble in a joint meeting under the chairmanship of the Speaker of the Senate to discuss the disputed points. Acceptance of the draft law shall be conditional upon the passing of a resolution by a two-thirds majority of the Senators and Deputies present. If

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the draft law is rejected as described above, it shall not be placed again before the House during the same session.Article 93(i) Every draft law passed by the Senate and the House of Deputies shall be submitted to the King for his ratification.(ii) Any law shall become effective upon the King’s promulgation after thirty days from the date of its publication in the Official Gazette unless it is specifically provided in that law that it shall come into force on any other specified date.(iii) If the King did not see fit to give his assent to any law, He may, within six months from the date on which the law was submitted to him, return it to the House with a statement showing the reasons for with holding his assent.(iv) If any draft law, (other than the Constitution) is referred back to the House within the period specified in the preceding paragraph and is passed, for the second time, by two-thirds of the members of each of the Senate and the House of Deputies, it must, in this case, be promulgated. If the law was not returned with the Royal assent within the period prescribed in paragraph (iii) above, it shall be considered as promulgated and effective. If any draft law fails to obtain the two-thirds majority of votes, it cannot be resubmitted during the same session, provided that the National Assembly may reconsider the draft during its next ordinary session.Article 94(i)[22] In cases where the National Assembly is not sitting or is dissolved, the Council of Ministers has, with the assent of the King, the power to issue provisional laws covering matters which require necessary measures which admit of no delay or which necessitate expenditures incapable of postponement. Such provisional laws, which should not contravene the provisions of the Constitution, shall have the force of law, provided that they are placed before the Assembly at the beginning of its next session and the Assembly may approve or amend such laws. In the event of the rejection of such provisional laws, the Council of Ministers shall, with the sanction of the King, immediately declare their nullity, and from the date of declaration such provisional laws shall cease to be in force provided that such nullity shall not affect any contracts or acquired rights.(ii) Provisional laws shall have the same force and effect as the laws promulgated in accordance with paragraph (ii) of Article (93) of this Constitution.Article 95(i)[23] Any ten or more Senators or Deputies may propose any law. Such proposal shall be referred to the committee concerned in the House for its opinion. If the House is of the opinion that the proposal be accepted, it shall refer it to the Government for drafting it in the form of draft law, and submit it to the House either during the same session or in the following session.(ii) Any law proposed by Senators or Deputies under the preceding paragraph and rejected by either House shall not be presented for a second time during the same session.Article 96Any Senator or Deputy may address questions or interpellations to the Ministers concerning any public matters, as prescribed in the Internal Regulations of the Senate or the House, as the case may be. No interpellation may be debated before the lapse of eight days from the date of its receipt by the Minister, unless the case is of an urgent nature and the Minister agrees to shorten this period.

CHAPTER VI THE JUDICIARYArticle 97Judges are independent, and in the exercise of their judicial functions they are subject to no authority other than that of the law.Article 98Judges of the Civil and Shari’a Courts shall be appointed and dismissed by a Royal Decree in accordance with the provisions of the law.Article 99The courts shall be divided into three categories:(i) Civil Courts(ii) Religious Courts(iii) Special CourtsArticle 100The establishment of the different courts, the definition of their categories and their divisions, the limitation of their jurisdiction and their administration shall be determined by a special law which shall provide for the establishment of a High Court of Justice.Article 101(i) The courts shall be open to all and shall be free from any interference in their affairs.(ii) The sittings of the courts shall be public unless the court considers that it should sit in camera in the interest of public order or decorum.Article 102[24] The Civil Courts in the Hashemite Kingdom of Jordan shall have jurisdiction over all persons in all matters, civil and criminal, including cases brought by or against the Government, except in matters which, by the provisions of the Constitution, or of any Law for the time being in force, fall within the jurisdiction of Religious Courts or Special Courts.Article 103(i) The Civil Courts shall exercise their jurisdiction in civil and criminal matters in accordance with the law for the time being in force in the Kingdom, provided that in matters affecting the personal status of foreigners or in matters of a civil and commercial nature in which it is customary by international usage to apply the law of another country, that law shall be applied in a manner to be prescribed by the law.(ii) Matters of personal status are those matters which are defined by law and are within the exclusive jurisdiction of the Shari’a Courts where the parties are Moslems.Article 104The Religious Courts shall be divided into:(i) The Shari’a Courts(ii) The Tribunals of other Religious Communities.Article 105The Shari’a Courts shall have exclusive jurisdiction in the following matters in accordance with its special laws:(i) Matters of Personal status of Moslems.(ii) Cases concerning blood money (Diya) where the two parties are Moslems or where one of the parties is not a Moslem and the two parties consent to the jurisdiction of the Shari’a Courts.(iii) Matters pertaining to Islamic Wakfs.[25]Article 106The Shari’a Courts shall apply in its proceedings the provisions of the Shari’a Law.Article 107

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The organization of the affairs of Moslem trusts (Wakfs) and the administration of their financial affairs and other related matters shall be regulated by a special law.Article 108The Tribunals of Religious Communities are those for the non-Moslem religious communities which have been or will be recognised by the Government as being established in the Hashemite Kingdom of Jordan.Article 109(i) Tribunals of Religious Communities shall be established in accordance with the provisions of laws pertaining thereto. Such laws shall define the jurisdiction of such Tribunals in matters of personal status and trusts (Wakfs) constituted for the benefit of the community concerned. Matters of personal status of any such community shall be the same matters as are, in the case of Moslems, within the jurisdiction of the Shari’a Courts.(ii) Such laws shall determine the procedure to be followed by the Tribunals of the Religious Communities.Article 110Special Courts shall exercise jurisdiction in accordance with the provisions of the laws constituting them.CHAPTER VII FINANCIAL MATTERSArticle 111No tax or duty shall be levied except by law. Taxes and duties shall not include the various kinds of fees which the Treasury charges in respect of services rendered to members of the public by Government Departments or in consideration of benefits accruing to them from the State Domain. In levying taxes, the Government shall be guided by the principles of progressive taxation, coupled with the insurance of equality and social justice, provided that taxation shall not exceed the capacity of taxpayers or the State’s requirements for funds.Article 112(i) The draft law covering the General Budget shall be submitted to the National Assembly for consideration in accordance with the provisions of this Constitution at least one month before the beginning of the financial year.(ii) Voting in respect of the budget shall take place on each chapter separately.(iii) No sum falling within the expenditure section of the General Budget may be transferred from one chapter to another except by law.(iv) The National Assembly, when debating the General Budget draft law or the provisional laws relating thereto, may reduce the expenditures under the various chapters according to what it considers is in the public interest, but shall not increase such expenditures either by amendment or by submitting a separate proposal. However, the National Assembly may, after the debate, propose laws for the creation of new expenditures.(v) During the debate of the General Budget, no proposal shall be accepted for the repeal of an existing tax or the creation of a new tax or the amendment of existing taxes which are levied by financial laws in force, and no proposal shall be accepted for amending expenditure or revenues fixed by contract.(vi) The estimates of national revenue and expenditures for each financial year shall be approved by the General Budget Law, provided that the Law may provide for the allocation of any special sums for a period exceeding one year.Article 113

[26] If it is not possible to enact the General Budget Law prior to the beginning of the new financial year, expenditures shall continue by monthly appropriations at the rate of 1/12th of each month of the previous year’s budget.Article 114The Council of Ministers may, with approval of the King, make regulations for the control of appropriations and expenditures of public funds, and the organization of Government stores.Article 115All receipts from taxes and other sources of Government revenue shall be paid into the Treasury and shall be included in the Government budget save where otherwise provided by law. No part of the funds of the Treasury shall be appropriated or expended for any purpose whatever unless sanctioned by law.Article 116The Civil List of the King shall be paid from the General Revenue, and shall be fixed in the General Budget Law.Article 117Any concession granting a right for the exploitation of mines, minerals or public utilities must be sanctioned by law.Article 118No person shall be exempted from payment of any taxes or duties in circumstances other than those prescribed by law.Article 119An Audit Office shall be constituted by law to audit the State’s revenues, its expenses and the manner of expenditure:(i) The Audit Office shall submit to the House of Deputies at the beginning of every ordinary session, or whenever the House so demands, a general report embodying its views and comments and indicating any irregularities committed and the responsibility arising therefrom.(ii) The law shall make provision for the immunity of the Head of the Audit Office.CHAPTER VIII GENERAL PROVISIONSArticle 120The administrative divisions of the Hashemite Kingdom of Jordan, the establishment of the Government Departments, their classification, designation, the programme of operations and the manner of their appointment of civil servants, their dismissal, their discipline, supervision and definition of their jurisdiction and powers shall be governed by regulations issued by the Council of Ministers with the approval of the King.Article 121Municipal and local council affairs shall be administered by municipal or local councils in accordance with special laws.Article 122The High Tribunal provided for in Article (57) shall have the right to interpret the provisions of the Constitution either at the request of the Council of Ministers or by a resolution taken by any House of the National Assembly, passed by an absolute majority. Such interpretation shall be implemented upon its publication in the Official Gazette.Article 123(i) The Special Tribunal (Diwan Khas) may interpret the text of any law which has not been interpreted by the Courts at the request of the Prime Minister.(ii) The Special Tribunal shall consist of the President of the highest Civil Court as chairman, two of its judges and one

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senior administrative official who shall be appointed by the Council of Ministers as members. It shall also include a member, delegated by the Minister, from among the senior officials of the Ministry concerned.(iii)[27] The Special Tribunal shall give its decisions by a majority of votes.(iv) Decisions given by the Special Tribunal and published in the Official Gazette shall have the force of law.(v) All other matters concerning the interpretation of law shall be decided as they arise by the courts of law in the ordinary way.Article 124In the event of an emergency necessitating the defence of the Kingdom, a law which shall be cited as the Defence Law, shall be enacted giving power to the person specified therein to take such actions and measures as may be necessary, including the suspension of the operation of the ordinary laws of the State, with a view to ensuring the defence of the Kingdom. The Defence Law shall come into force upon its proclamation by a Royal Decree to be issued based on a decision of the Council of Ministers.Article 125(i) In the event of an emergency of a serious nature to the extent that action under the preceding Article of this Constitution would be considered insufficient for the defence of the Kingdom, the King may, by a Royal Decree, based on a decision of the Council of Ministers, declare martial law in all or any part of the Kingdom.(ii) When martial law is declared the King may, by a Royal Decree, issue such instructions as may be necessary for the defence of the Kingdom, notwithstanding the provisions of any law in force. Persons acting under such instructions shall not incur any legal liability for all acts done by them under the provisions of any law such until they are released from that responsibility by a special law to be enacted for the purpose.Article 126(i) The procedure prescribed in this Constitution with regard to draft laws shall apply to any draft law for the amendment of this Constitution, provided that any such amendment is passed by a two-thirds majority of members of both the Senate and the House of Deputies separately. In the event of a joint meeting of the Senate and the House of Deputies, in accordance with Article (92) of this Constitution, the amendment must be passed by a two-thirds majority of members of both houses provided that, in each case, the amendment shall not come into force unless approved by the King.(ii) No amendment of the Constitution affecting the rights of the King and the succession to the Throne may be passed during a period of Regency.Article 127The duties of the Army shall be restricted to the defence of the Kingdom and its safety.(i) Recruitment to the Army, its organization and the rights and duties of its personnel shall be defined by law.(ii) The organization of the police and gendarmerie and their powers and jurisdiction shall be defined by law.CHAPTER IX ENFORCEMENT AND REPEAL OF LAWSArticle 128All laws, regulations and other existing legislation in force in the Hashemite Kingdom of Jordan at the date of entry into

force of this Constitution shall continue to be in force until they are repealed or amended by the legislation issued thereunder.Article 129(i) The Constitution of Jordan issued on the 7th December, 1946, together with all amendments thereto, are hereby repealed.(ii) The Palestine Order-in-Council for the Year 1922 and all amendments thereto are hereby repealed.(iii) The repeals referred to in the preceding two paragraphs shall not affect the validity of any law or regulation made or act done in virtue thereof, prior to the coming into force of the provisions of this Constitution.Article 130The provisions of this Constitution shall come into force on the date of its publication in the Official Gazette.Article 131The Council of Ministers shall be charged with the execution of the provisions of this Constitution.Tawfiq Abul HudaPrime Minister andMinister of Foreign Affairs

Sa’id El-MuftiDeputy Prime Ministerand Minister of Interior

Mohammad Amin ShanqitiChief Justice.

Ruhi Abdul HadiMinister of Education

Suleiman SukkarMinister of Commerceand Economy

Anestas HananiaMinister of Justice,Development and Reconstruction

Jamil TutunjiMinister of Health andSocial Affairs

Hashem JayousiMinister of Communications

Suleiman Abdul Razzak TouqanMinister of Agricultureand Defence

Abdul Halim HmoudMinister of Finance

NOTES[1] As amended in the Official Gazette No. 1831 of 1/4/1965.[2] As amended in the Official Gazette No. 1380 dated 4/5/1958.[3] As amended in the Official Gazette No. 1396 dated 1/9/1958.[4] As amended in the Official Gazette No. 2532 dated 10/11/1974.[5] As amended in the Official Gazette No. 1380 of 4/5/1958 and No. 1396 of 1/9/1958.[6] As amended in the Official Gazette No. 1179 of 17/4/1954.[7] As amended in the Official Gazette No. 1179 of 17/4/1954 and No. 1380 of 4/5/1958.[8] As amended in Official Gazette No. 1380 of 4/5/1958.[9] As amended in Official Gazette No. 1380 of 4/5/1958.[10] As amended in Official Gazette No. 1243 of 16/10/1955.[11] As amended in Official Gazette No. 1476 of 16/2/1960.[12] As amended in Official Gazette No. 1243 of 16/10/1955.[13] As amended in Official Gazette No. 2523 of 10/11/1974 and re-amended in the Official Gazette No. 2605 of 27/2/1976.[14] As amended in Official Gazette No. 2605 of 27/2/1976.[15] This was added as per amendment in the Official Gazette No. 3201 of 9/1/1984.[16] As amended in Official Gazette No. 1179 of 17/4/1954 and No. 1380 of 4/5/1958.

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[17] As amended in Official Gazette No. 1179 of 17/4/1954.[18] As amended in Official Gazette No. 1243 of 16/10/1955.[19] As amended in Official Gazette No. 1179 of 17/4/1954.[20] As amended in Official Gazette No. 2414 dated 8/4/1973.[21] As amended in Official Gazette No. 1380 of 4/5/1958.[22] As amended in Official Gazette No. 1380 of 4/5/1958.[23] As amended in Official Gazette No. 1380 of 4/5/1958.[24] As amended in Official Gazette No. 1380 of 4/5/1958 and No. 1396 of 1/9/1958.[25] This term is spelled interchangeably as Wakfs or Waqfs.[26] As amended in Official Gazette No. 1380 of 4/5/1958.[27] As amended in Official Gazette No. 1380 of 4/5/1958.

Kuwait - Constitution

{ Adopted on: 11 Nov 1962 }{ ICL Document Status: 11 Nov 1962 }

 [Preamble]In the name of Allah, the Beneficent, the Merciful,We , Abdullah al-Salim al-Sabah,Amir of the State of Kuwait,desiring to use the means of democratic rule for our dear Country; and,having faith in the role of this Country in furthering Arab nationalism and the promotion of world peace and human civilisation; and,striving towards a better future in which the Country enjoys greater prosperity and higher international standing, and in which also the citizens are provided with more political freedom, equality, and social justice, a future which upholds the traditions inherent in the Arab nation by enhancing the dignity of the individual, safeguarding public interest, and applying consultative rule yet maintaining the unity and stability of the Country; and, Ihaving considered Law Number I of 1962 concerning the system of Goverument during the period of transition; and,upon the resolution of the Constituent Assembly;do hereby approve this Constitution and promulgate it. Part I  The State and System of Government Article 1  [Sovereignty, Territorial Integrity]Kuwait is an Arab State, independent and fully sovereign.  Neither its sovereignty nor any part of its territory may be relinquished.  The people of Kuwait is a part of the Arab Nation. Article 2  [State Religion]The religion of the State is Islem, and the Islamic Sharia shall be a main source of legislation. Article 3  [Official Language]The official language of the State is Arabic. Article 4  [Monarchy](1) Kuwait is a hereditary Amirate, the succession to which shall be in the descendants of the late Mubarak al-Sabah.

(2) The Heir Apparent shall be designated within one year, at the latest, from the date of accession of the Amir.(3) His designation shall be effected by an Amiri Order upon the nomination of the Amir and the approval of the National Assembly which shall be signified by a majarity vote of its members in a special sitting.(4) In case no designation is achieved in accordance with the foregoing procedure, the Amir shall nominate at least three of the descendants of the late Mubarak al-Sabah of whom the National Assembly shall pledge allegiance to one as Heir Apparent.(5) The Heir Apparent shall have attained his majority, be of sound mind, and a legitimate son of Muslim parents.(6) A special law promulgated within one year from the date of coming into force of this Constitution shall lay down the other rules of succession in the Amirate.  The said law shall be of a constitutional nature and therefore shall be capable of amendment only by the procedure prescribed for amendment of the Constitution. Article 5  [State Symbols]The flag, emblem, badges, decorations, and the National Anthem of the State shall be specified by law. Article 6  [Democracy]The System of Government in Kuwait shall be democratic, under which sovereignty resides in the people, the source of all powers.  Sovereiguty shall be exercised in the manner specified in this Constitution. Part II  Fundamental Constituents of Kuwaiti Society Article 7  [State Goals]Justice, Liberty, and Equality are the pillars of society; co-operation and mutual help are the firmest bonds between citizens. Article 8  [Guardian State]The State safeguards the pillars of Society and ensures security, tranquility, and equal opportunities for citizens. Article 9  [Family]The family is the corner-stone of Society.  It is founded on religion, morality, and patriotism.  Law shall preserve the integrity of the family, strengthen its ties, and protect under its support motherhood and childhood. Article 10  [Youth Protection]The State cares for the young and protects them from exploitation and from moral, physical, and spiritual neglect. Article 11  [Old Age Protection]The State ensures aid for citizens in old age, sickness, or inability to work.  It also provides them with services of social security, social aid, and medical care. Article 12  [Arab Heritage]The State safeguards the heritage of Islam and of the Arabs and contributes to the furtherance of human civilisation. Article 13  [Education]

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Education is a fundamental requisite for the progress of society, assured and promoted by the State. Article 14  [Science, Arts]The State shall promote science, letters, and the arts and encourage scientific research therein. Article 15  [Health Care]The State cares for public health and for means of prevention and treatment of diseases and epidemics. Article 16  [Property Rights]Property, capital, and work are fundamental constituents of the social structure of the State and of the national wealth.  All of them are individual rights with a social function as regulated by law. Article 17  [Public Property]Public property is inviolable and its protection is the duty of every citizen. Article 18  [Private Property, Inheritance](1) Private property is inviolable .  No one shall be prevented from disposing of his property except within the limits of the law.  No property shall be expropriated except for the public benefit under the circumstances and in the manner specified bylaw, and on condition that just compensation is paid.(2) Inheritance is a right governed by the Islamic Sharia. Article 19  [Confiscation]General confiscation of the property of any person shall be prohibited.  Confiscation of particular property as a penalty may not be inflicted except by court judgment in the circumstances specified by law. Article 20  [National Economy]The national economy shall be basod on social justice.  It is founded on fair co-operation between public and private activities.  Its aim shall be economic development, increase of productivity, improvement of the standard of living, and achievement of prosperity for citizens, all within the limits of the law. Article 21  [Natural Resources]Natural resources and all revenues therefrom are the property of the State.  It shall ensure their preservation and proper exploitation, due regard being given to the requirements of State security and the national economy. Article 22  [Employment, Tenements]Relations between employers and employees and between landlords and tenants shall be regulated by law on economic principles, due regard being given to the rules of social justice. Article 23  [Banking]The State shall encourage both co-operative activities and savings, and supervise the system of credit. Article 24  [Taxation]Social justice shall be the basis of taxes and public imposts. 

Article 25  [State Burdens]The State shall ensure the solidarity of society in shouldering burdens resulting from public disasters and calamities, and provide compensation for war damages or injuries received by any person as a result of the discharge of his military duties. Article 26  [Public Office](1) Public office is a national service entrusted to those who hold it.  Public officials, in the exercise of their duties, shall aim at the public interest.(2) Aliens may not hold public offices except in the cases specified by law. Part III  Public Rights and Duties Article 27  [Nationality]Kuwaiti nationality is defined by law.  No deprivation or withdrawal of nationality may be effected except within the limits prescribed by law. Article 28  [Deportation, Return]No Kuwaiti may be deported from Kuwait or prevented from returning thereto. Article 29  [Equality, Human Dignity, Personal Liberty](1) All people are equal in human dignity and in public rights and duties before the law, without distinction to race, origin, language, or religion.(2) Personal liberty is guaranteed. Article 30  {...} Article 31  [Arrest, Move, No Torture](1) No person shall be arrested, detained, searched, or compelled to reside in a specified place, nor shall the residence of any person or his liberty to choose his place of residence or his liberty of movement be restricted, except in accordance with the provisions of the law.(2) No person shall be subjected to torture or to degrading treatment. Article 32  [Nulla Poena Sine Lege, Personal Penalty](1) No crime and no penalty may be established except by virtue of law, and no penalty may be imposed except for offences committed after the relevant law has come into force.(2) Penalty is personal. Article 33  {...} Article 34  [Presumption of Innocence, Right to Trial](1) An accused person is presumed innocent until proved guilty in a legal trial at which the necessary guarantees for the exercise of the right of defence are secured.(2) The infliction of physical or moral injury on an accused person is prohibited. Article 35  [Freedom of Religion and Belief]Freedom of belief is absolute.  The State protects the freedom of practicing religion in accordance with established customs, provided that it does not conflict with public policy or morals.

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 Article 36  [Freedom of Opinion and Expression]Freedom of opinion and of scientific research is guaranteed.  Every person has the right to express and propagate his opinion verbally, in writing, or otherwise, in accordance with the conditions and procedures specified by law. Article 37  [Freedom of the Press]Freedom of the press, printing, and publishing is guaranteed in accordance with the conditions and manner specified by law. Article 38  [Home]Places of residence shall be inviolable.  They may not be entered without the permission of their occupants except in the circumstances and manner specified by law. Article 39  [Freedom and Secrecy of Communication]Freedom of communication by post, telegraph, and telephone and the secrecy thereof is guaranteed; accordingly, censorship of communications and disclosure of their contents are not permitted except in the circumstances and manner specified by law. Article 40  [Compulsory and Free Education](1) Education is a right for Kuwaitis, guaranteed by the State in accordance with law and within the limits of public policy and morals.  Edueation in its preliminary stages is compulsory and free in accordance with the law.(2) The law lays down the necessary plan to eliminate illiteracy.(3) The State devotes particular care to the physical, moral, and mental development of the youth. Article 41  [Right and Duty to Work](1) Every Kuwaiti has the right to work and to choose the type of his work.(2) Work is a duty of every citizen necessitated by personal dignity and public good.  The State shall endeavour to make it available to citizens and to make its terms equitable. Article 42  [No Forced Labor]There is no forced labor except in the cases specified by law for national emergency and with just remuneration. Article 43  [Association]Freedom to form associations and unions on a national basis and by peaceful means is guaranteed in accordance with the conditions and manner specified by law.  No one may be compelled to join any association or union. Article 44  [Assembly](1) Individuals have the right of private assembly without permission or prior notification, and the police may not attend such private meetings.(2) Public meetings, demonstrations , and gatherings are permitted in accordance with the conditions and manner specified by law, provided that their purpose and means are peaceful and not contrary to morals. Article 45  [Petition]

Every individual has the right to address the public authorities in writing over his siguature.  Only duly constituted organizations and bodies corporate have the right to address the authorities collectively. Article 46  [Asylum]Extradition of political refugees is prohibited. Article 47  [National Defence, Military Service]National defence is a sacred daty, and military service is an honor for citizens which shall be regulated by law. Article 48  [Taxation, Minimum Standard of Living]Payment of taxes and public imposts is a duty in accordance with the law which regulates exemption of small incomes from taxes in such a way as to maintain the minimum standard of living. Article 49  [Public Order, Public Morals]Observance of public order and respect for public morals are a duty incumbent upon all inhabitants of Kuwait. Part IV  Powers Chapter I  General Provisions Article 50  [Separation and Constitutionality of Powers]The system of Government is based on the principle of separation of powers functioning in co-operation with each other in accordance with the provisions of the Constitution.  None of these powers may relinquish all or part of its competence specified in this Constitution. Article 51  [Legislative Power]The legislative power is vested in the Amir and the National Assembly in accordance with the Constitution. Article 52  [Executive Power]The executive power is vested in the Amir, the Cabinet, and the Ministers, in the manner specified by the Constitution. Article 53  [Judicial Power]The judicial power is vested in the Courts, which exercise it in the name of the Amir within the limits of the Constitution.Cbapter II  The Head of State Article 54  [Head of State, Immunity, Inviolability]The Amir is the Head of the State .  His person is immune and inviolable. Article 55  [Government]The Amir exercises his powers through his Ministers. Article 56  [Prime Minister](1) The Amir, after the traditional consultations, appoints the Prime Minister and relieves him of office.  The Amir also appoints Ministers and relieves them of office upon the recommendation of the Prime Minister.(2) Ministers are appointed from amongst the members of the National Assembly and from others.

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(3) The number of Ministers in all shall not exceed one-third of the number of the members of the National Assembly. Article 57  [New Government]The Cabinet is re-constituted in the manner specified in the preceding Article at the beginning of every legislative term of the National Assembly. Article 58  [Responsibility]The Prime Minister and the Ministers are collectively responsible to the Amir for the general policy of the State.  Every Minister also is individually responsible to the Amir for the affairs of his ministry. Article 59  [Powers of the Amir Specified by Law]The Law referred to in Article 4 specifies the conditions under which the Amir exercises his constitutional powers. Article 60  [Oath of the Amir's Office]Before assuming his powers, the Amir takes the following oath at a special sitting of the National Assembly:"I swear by Almighty God to respect the Constitution and the laws of the State, to defend the liberties, interests, and properties of the people, and to safeguard the independence and territorial integrity of the Country." Article 61  [Deputy Amir]In the event of his absence outside the Country and the inability of the Heir Apparent to act as Deputy for him, the Amir shall appoint, by an Amiri Order, a Deputy who shall exercise his powers during his absence.  The said Amiri Order may include a specified arrangement for the exercise of the said powers on behalf of the Amir, or a limitation of their scope. Article 62  [Qualification of Deputy Amir]The Deputy Amir has to satesfy the qualifications laid down in Artide 82.  If he is a Minister or a member of the National Assembly, he may not take part in the ministerial functions or in the work of the Assembly during the period he is acting as Deputy for the Amir. Article 63  [Oath of the Deputy Amir's Office](1) Before assuming his powers the Deputy Amir, at a spacial sitting of the National Assembly, takes the oath mentioned in Articie 60 with the following phrase added thereto:" and be loyal to the Amir."(2) In case the National Assembly is not in session, the Oath shall be taken before the Amir. Article 64  [Incompatibilities of the Deputy Amir]The provisions of Article 131 apply to the Deputy Amir. Article 65  [Promulgation of Laws, Initiative of the Amir](1) The Amir has the right to initiate, sanction, and promulgate laws.  Promulgation of laws takes place within thirty days from the date of their submission by the National Assembly to the Amir.  This period is reduced to seven days in case of urgency.  Such urgency is decided upon by a majority vote of the members constituting the National Assembly.(2) Official holidays are not counted in computing the promulgation.

(3) If the period of promulgation expires without the Head of State demanding reconsideration, the bill is considered as having been sanctioned and is promulgated. Article 66  [Bills]Reference of a bill for reconsideration is by a decree stating the grounds therefore.  If the National Assembly confirms the bill by a two-thirds majority vote of its members, the Amir sanctions and promulgates the bill within thirty days from its submission to him.  If the bill does not receive the said majarity, it may not be reconsidered during the same session.  If the National Assembly, in another session, considers the same bill by a majority vote of its members, the Amir sanctions and promulgates the bill as law within thirty days from its submission to him. Article 67  [Chief-of-Command]The Amir is the Supreme Commander of the Armed Forees.  He appoints and dismisses officers in accordance with the law. Article 68  [War]The Amir declares defensive war by decree.  Offensive war is prohibited. Article 69  [Martial Law](1) The Amir proclaims Martial Law in the cases of necessity determined by law and in accordance with the procedure specified therein.  The proclamation of Martial Law shall be by decree.  Such decree is referred to the National Assembly within the fifteen days following its issue, for a decision on the future of Martial Law.  If the proclamation takes place during the period the National Assembly is dissolved, it is be referred to the new Assembly at its first sitting.(2) Martial Law may not continue unless a decision to that effect is made by a majority vote of the members constituting the Assembly.(3) In all cases, the matter is referred to the National Assembly in accordance with the foregoing procedure, every three months. Article 70  [Treaties](1) The Amir conclades treaties by decree and transmits them immediately to the National Assembly with the appropriate statement.  A treaty has the force of law after it is signed, ratified, and publishod in the Official Gazette.(2) However, treaties of peace and alliance; treaties concerning the territory of the State, its natural resources or sovereign rights, or public or private rights of citizens; treaties of commerce, navigation, and residence; and treaties entailing additional expenditure not provided for in the badget, or involving amendment of the laws of Kuwait; shall come into force only when made by a law.(3) In no case may treaties include secret provisions contradicting those declared. Article 71  [Emergency Decrees](1) Should necessity arise for urgent measures to be taken whilethe National Assembly is not in session or is dissolved, the Amir may issue decrees in respect thereof which have the force of law, provided that they are not contrary to the Constitution or to the appropriations included in the budget law.

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(2) Such decrees are referred to the National Assembly within the fifteen days following their issue if the Assembly is in session.  If it is dissolved or its legislative term has expired, such decrees are referred to tbe next Assembly at its first sitting.  If they are not thus referred, they retrospectively cease to have the force of law, without the necessity of any decision to that effect.  If they are referred and the Assembly does not confirm them, they retrospectively cease to have the force of law, unless the Assembly approves their validity for the preceding period or settles in some other way the effects arising therefrom. Article 72  [Execution of Laws]The Amir issues, by decree, the regulations necessary for the execution of laws without amending or suspending such laws or making any exemption from their execution.  A law may prescribe a less formal instrument than a decree for the issue of the regulations necessary for its execution. Article 73  [Regulations]The Amir issues, by decree, regulations for public order and health, and regulations necessary for the organization of public services and administration, not conflicting with any law. Article 74  [Diplomacy](1) The Amir appoints and dismisses civil and military officials and dipiomatic representatives to foreign conntries in accordance with the law.(2) He also accepts credentials of the representatives of foreign countries. Article 75  [Pardon, Amnesty](1) The Amir may, by deeree, grant a pardon or commute a sentence.(2) However, general amnesty shall not be granted except by a law and then only in respect of offences committed prior to the proposal of the amnesty. Article 76  [Orders of Honor]The Amir confers Orders of Honor in accordance with the law. Article 77  [Minting Coins]Coins are minted in the name of the Amir in accordance with the law. Article 78  [Remuneration of the Amir]Upon the accession of the Head of State, his annual emoluments are fixed by a law for the duration of his reign. Chapter III  The National Assembly Article 79  [Exclusive Legislation]No law may be promulgated unless it has been passed by the National Assembly and sanctioned by the Amir. Article 80  [Election, Ministerial Members](1) The National Assembly is composed of fifty members elected directly by universal suffrage and secret ballot in accordance with the provisions prescribed by the electoral law.(2) Ministers who are not elected members of the National Assembly are considered ex-officio members thereof. 

Article 81  [Constituencies]Electoral constituencies are determined by law. Article 82  [Qualifications]A member of the National Assembly shall:(a) be a Kuwaiti by origin in accordance with law;(b) be qualified as an elector in acoordance with the electoral law;(c) be not less than thirty calendar years of age on the day of election;(d) be able to read and write Arabic well. Article 83  [Term, Re-election](1) The term of the National Assembly is four calendar years commencing with the day of its first sitting.  Elections for the new Assembly take place within the sixty days preceding the expiry of the said term, due regard being given to the provisions of Article 107.(2) Members whose term of office expires may be re-elected.(3) The term of the Assembly may not be extended except for necessity in time of war and by a law. Article 84  [Vacancy](1) If, for any reason, a seat in the National Assembly becomes vacent before the end of the term, the vacancy is filled by election within two months from the date on which the Assembly declares the vacency.  The mandate of the new member lasts until the end of that of his predecessor.(2) If the vacency occurs within six months prior to the expiry of the legislative term of the Assembly, no successor is elected. Article 85  [Annual Ordinary Session]The National Assembly has an annual session of not less than eight months.  The said session may not be prorogued before the budget is approved. Article 86  [Start of Ordinary Session]The Assembly starts its ordinary session during the month of October of every year upon a convocation by the Amir.  If the decree of convocation is not issued before the first of the said month, the time for the meeting is deemed to be 9 a.m. on the third Saturday of that month.  If such day happens to be an official holiday, the Assembly meets on the morning of the first day thereafter. Article 87  [First Session](1) Notwithstanding the provisions of the preceding two Articles, the Amir summons the National Assembly to hold its first meeting within two weeks of the end of the general election.  If the decree of convocation is not issued within the said period, the Assembly is deemed to have been convoked for the morning of the day following these two weeks, due regard being given to the relevant provision of the preceding Article.(2) If the date of the meeting of the Assembly falls after the annual date mentioned in Article 86, the term of the session specified in Article 85 is reduced by the difference between the said two dates. Article 88  [Extraordinary Sessions]

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(1) The National Assembly is called by decree to an extraordinary session if the Amir deems it necessary, or upon the demand of the majority of the members of the Assembly.(2) In an extraordinary session, the Assembly may not consider matters other than those for which it has been convened except with the consent of the Cabinet. Article 89  [Prorogation of Sessions]The Amir announces the prorogation of ordinary and extraordinary sessions. Article 90  [Place of Meeting]Every meeting held by the Assembly at a time or place other than that assigned for its meeting is invalid, and resolutions passed thereat are void by virtue of law. Article 91  [Oath of Members]Before assuming his duties in the Assembly or in its committees, a member of the National Assembly must take the following oath before the Assembly in a public sitting:"I swear by Almighty God to be faithful to the Country and to the Amir, to respect the Constitution and the laws of the State, to defend the liberties, interests, and properties of the poople, and to discharge my duties honestly and truthfully." Article 92  [President of Assembly](1) The National Assembly elects at its first sitting and for the duration of its term a President and a Deputy President from amongst its members.  If either office becomes vacant, the Assembly elects a successor for the remainder of its term.(2) In all cases, election is by an absolute majority vote of the members present.  If this majority vote is not attained in the first ballot, another election is held between the two candidates receiving the highest number of votes.  If more than one candidate receives an equal number of votes in the second place, all such candidates shall participate in the second ballot.  In this case, the cendidate who receives the greatest number of votes is elected.  If there is a tie in this last ballot, the choice is by lot.(3) The oldest member presides over the first sitting until the President is elected. Article 93  [Committees]The Assembly forms, within the first week of its annual session, the committees necessary for its functions.  These committees may discharge their duties during the recess of the Assembly with a view to submitting their recommendations to it when it meets. Article 94  [Publicity]Sittings of the National Assembly are public, though they may be held in secret upon the request of the Government, the President of the Assembly, or of ten of its members.  The debate on such request is held in secret. Article 95  [Validation of Election]The National Assembly decides upon the validity of the election of its members.  No election may be declared invalid except by a majority vote of the members constituting the Assembly.  This jurisdiction may, by law, be entrusted to a judicial body. 

Article 96  [Resignation of Members]The National Assembly is the competent authority to accept resignation of its members. Article 97  [Quorum, Majority]For a meeting of the National Assembly to be valid, more than half of its members must be present.  Resolutions are passed by an ahsolute majority vote of the members present, except in cases where a special majority is required.  When votes are equally divided, the motion is rejected. Article 98  [Government Program]Immediately upon its formation, every Cabinet presents its program to the National Assembly.  The Assembly may make comments with regard to such a program. Article 99  [Questioning Government]Every member of the National Assembly may put to the Prime Minister and to Ministers questions with a view to clarifying matters falling within their competence.  The questioner alone has the right to comment once upon the answer. Article 100  [Interpellations](1) Every member of the National Assembly may address to the Prime Minister and to Ministers interpellations with regard to matters falling within their competence.(2) The debate on such an interpellation shall not take place until at least eight days have elapsed after its presentation, except in case of urgency and with the consent of the Minister concerned.(3) Subject to the provisions of Articles 101 and 102, an interpellation may lead to the question of no-confidence being put to the Assembly. Article 101  [Vote of No-Confidence](1) Every Minister is responsible to the National Assembly for the affairs of his ministry.  If the Assembly passes a vote of no-confidence against a Minister, he is considered to have resigned his office as from the date of the vote of no-confidence and shall immediately submit his formal resignation.  The question of confidence in a Minister may not be raised except upon his request or upon a demand signed by ten members, following a debate on an interpellation addressed to him.  The Assembly may not make its decision upon such a request before the lapse of seven days from the presentation thereof.(2) Withdrawal of confidence from a Minister is by a majority vote of the members constituting the Assembly excluding Ministers.  Ministers do not participate in the vote of confidence. Article 102  [No-Confidence in Prime Minister](1) The Prime Minister does not hold any portfolio; nor shall the question of confidence in him be raised before the National Assembly.(2) Nevertheless, if the National Assembly decides, in the manner specified in the preceding Article, that it cannot co-operate with the Prime Minister, the matter is submitted to the Head of State.  In such a case, the Amir may either relieve the Prime Minister of office and appoint a new Cabinet or dissolve the National Assembly.

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(3) In the event of dissolution, if the new Assembly decides by the abovementioned majarity vote that it cannot co-operate with the said Prime Minister, he shall be considered to have resigned as from the date of the decision of the Assembly in this respect, and a new Cabinet shall be formed. Article 103  [Continuation of Government]If, for any reason, the Prime Minister or a Minister vacates his office, he shall continue to discharge the urgent business thereof until his successor is appointed. Article 104  [Amiri Speech](1) The Amir opens the annual session of the National Asxmbly whereupon he delivers an Amiri Speech reviewing the situation of the country and the important public matters which happened during the preceding year, and outlining the projects and reforms the Government plans to undertake during the coming year.(2) The Amir may depute the Prime Minister to open the Assembly or to deliver the Amiri Speech. Article 105  [Response to Amiri Speech]The National Assembly chooses, from amongst its members, a committee to draft the reply to the Amiri Speech which will embody the comments and wishes of the Assembly.  After the said reply has been approved by the Assembly, it is submitted to the Amir. Article 106  [Adjournment]The Amir may, by a decree, adjourn the meeting of the National Assembly for a period not exceeding one month.  Adjournment may be repeated during the same session with the consent of the Assembly and then only once.  A period of adjournment is not counted in computing the duration of the session. Article 107  [Dissolution](1) The Amir may dissolve the National Assembly by a decree in which the reasons for dissolution is indicated.  However, dissolution of the Assembly may not be repeated for the same reasons.(2) In the event of dissolution, elections for the new Assembly are held within a period not exceeding two months from the date of dissolution.(3) If the elections are not held within the said period, the dissolved Assembly is restored to its full constitutional authority and meets immediately as if the dissolution had not taken place.  The Assembly then continues to function until the new Assembly is elected.(4) A member of the Assembly represents the whole nation.  He safeguards the public interest and is not subject to any authority in the discharge of his duties in the Assembly or in its committees. Article 108  {...} Article 109  [Member Bills](1) A member of the Assembly has the right to initiate bills.(2) No bill initiated by a member and rejected by the National Assembly may be re-introduced during the same session. Article 110  [Indemnity]

A member of the National Assembly is free to express any views or opinions in the Assembly or in its committees.  Under no circumstances can he be held liable in respect thereof. Article 111  [Immunity]Except in cases of flagrante delicto, no measures of inquiry, search, arrest, detention, or any other penal measure may be taken against a member while the Assembly is in session, except with the authorisation of the Assembly.  The Assembly must be notified of any penal measrue that may be taken during its session in acoordance with the foregoing provision.  The Assembly, at its first meeting, is always notified of any such measure taken against any of its members while it was not sitting.  In all cases, if the Assembly does not give a decision regarding a request for authorization within one month from the date of its receipt, permission is deemed to have been given. Article 112  [Assembly Discussions]Upon a request signed by five members, any subject of general interest may be put to the National Assembly for discussion with a view to securing clarification of the Government's policy and to exchanging views thereof.  All other members also havethe right to participate in the discussion. Article 113  [Assembly Requests]The National Assembly may express to the Government wishes regarding public matters.  If the Government cannot comply with these wishes, it shall state to the Assembly the reasons therefore.  The Assembly may comment once on the Government's statement. Article 114  [Committees of Inquiry]The National Assembly at all times has the right to set up committees of inquiry or to delegate one or more of its members to investigate any matter within its competence.  Ministers and all Government officials must produce testimonials, documents, and statements requested from them. Article 115  [Petition Committee](1) The Assembly sets up, among its annual standing committees, a special committee to deal with petitions and complaints submitted to the Assembly by citizens.  The committee seeks explanation thereon from the competent authorities and informs the person concerned of the result.(2) A member of the National Assembly may not interfere with the work of either the Judicial or the Executive Power. Article 116  [Governmental Right to Speek]The Prime Minister and Ministers are given the floor whenever they ask for it.  They may call for assistance upon any senior officials or depute them to speak on their behalf.  The Assembly may ask for a Minister to be present whenever a matter relating to his ministry is under discussion.  The Cabinet must be represented in the sittings of the Assembly by the Prime Minister or by some Ministers. Article 117  [Standing Orders, Duty to Presence]The National Assembly determines its standing orders which include the procedure of the Assembly and its committees and the rules pertaining to discussion, voting, questions,

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interpellation, and all other functions prescribed in the Constitution.  The standing orders prescribe the sanctions to be imposed on any member who violates order or absents himself from the meetings of the Assembly or the committees without a legitimate excuse. Article 118  [Order in the Assembly, No Presence of Forces](1) Maintaining order in the National Assembly is the responsibility of its President.  The Assembly has a special guard under the authority of the President of the Assembly.(2) No armed forces may enter the Assembly or be stationed close to its gates unless so requested by the President. Article 119  [Remuneration]The remuneration of the President of the National Assembly, the Deputy President, and the Members are fixed by law.  In the event of a modification of the said remuneration, such modification may not take effect until the next legislative term. Article 120  [Incompatibilities](1) Membership of the National Assembly is incompatible with public office except in the cases where compatibility is permitted in accordance with the Constitution.  In such cases, the right to the remuneration for membership and the right to the salary of the public office may not be cumulated.(2) The law specifies other cases of incompatibility. Article 121  [Economic Incompatibility](1) During his mandate, a member of the National Assembly may not be appointed on the board of directors of a company, nor may he participate in concessions granted by the Government or by public bodies.(2) Further, during the said mandate, he may not buy or rent any proporty of the State, nor let, sell, or barter any of his property to the Government, except by public auction or tender, or in compliance with the system of compulsory acquisition. Article 122  [No Decorations]During their mandate, members of the National Assembly with the exception of those occupying a public office not incompatible with the membership of the National Assembly, may not be awarded decorations. Chapter IV  The Executive Power Section I  The Cabinet Article 123  [Council of Ministers]The Council of Ministers has control over the departments of the State.  It formulates the general policy of the Government, pursues its execution, and supervises the conduct of work in Government departments. Article 124  [Remuneration of Government](1) A law determines the remuneration of the Prime Minister and the Ministers.(2) All other provisions regarding Ministers apply to the Prime Minister unless otherwise stated. 

Article 125  [Qualifications of Ministers]A Minister has to satisfy the qualifications laid down in Article 82. Article 126  [Oath of Ministers]Before assuming office, the Prime Minister and Ministers, before the Amir, take the Oath specified in Article 91. Article 127  [Supervision by Prime Minister]The Prime Minister presides over the meetings of the Council of Ministers and supervises the co-ordination of work among the various ministries. Article 128  [Secrecy, Quorum, Majority, Co-operation, Submission](1) Deliberations of the Council of Ministers are secret.  Resolutions are passed only when the majority of its members are present and with the approval of the majority of those present.  In case of an equal division of votes, that side prevails on which the Prime Minister has voted.(2) Unless they resign, the minority has to abide by the opinion of the majority.(3) Resolutions of the Council of Ministers are submitted to the Amir for approval in cases where the issue of a decree is required. Article 129  [Government Follows Prime Minister]The resignation of the Prime Minister or his removal from office involve the resignation or removal of all other Ministers. Article 130  [Ministries, Directives]Every Minister supervises the affairs of his ministry and exccutes therein the general policy of the Government.  He also formulates directives for the ministry and supervises their execution. Article 131  [Immunities of Ministers](1) While in office, a Minister may not hold any other public office or practice, even indirectly, any profession, or undertake any industrial, commercial, or financial business.  Furthermore, he may not participate in any concession granted by the Government or by public bodies or cumulate the ministerial post with membership of the board of directors of any company.(2) In addition, during the said period, a Minister may not buy or otherwise acquire any property of the State even by public auction, nor may he let, sell, or switch any of his property to the Government. Article 132  [Ministerial Offences and Indictment]A special law defines the offences which may be committed by Ministers in the performance of their duties, and specifies the procedure for their indictment and trial and the competent authority for the said trial, without affecting the application of other laws to their ordinary acts or offences and to the civil liability arising therefrom. Article 133  [Self-Government]The law regulates general and municipal self-governing bodies in such a way as to ensure their independence under the direction and supervision of the Government.

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 Section II  Financial Affairs Article 134  [Establishing Taxes]No general tax may be established, amended, or abolished except by a law.  No one may be exempted, wholly or partially, from the duty to pay such taxes except in the cases specified by law.  No one may be required to pay any other tax, fee, or imposition except within the limits of law. Article 135  [Funds]The law prescribes rules for the collection of public funds and the procedure for their expenditure. Article 136  [Public Loans]Public loans are concluded by a law.  The Governmemt may grant or guarantee a loan by a law, or within the limits of the funds appropriated for the said purpose in the budget. Article 137  [Loans of Self-Governing Bodies]General and local self-governing bodies may grant or guarantee loans according to law. Article 138  [State Properties]The law lays down the rules for the protection of State properties, their administration, the conditions of their disposal, and the limits within which any of these properties may be relinquished. Article 139  [Financial Year]The financial year is fixed by law. Article 140  [Annual Budget]The Government draws up the annual budget, comprising the revenue and expenditure of the State, and submits it to the National Assembly for examination and approval at least two months hefore the end of each current financial year. Article 141  [Budget Discussion, Purpose](1) The budget shall be discussed in the National Assembly part by part.(2) None of the public revenues may be allocated for a specific purpose except by law. Article 142  [Specific Funds]Specific funds may be appropriated by law for more than one year if the nature of the expenditure so requires, provided that each budget shall include the funds allocated for that year, or alternatively, an extraordinary budget covering more than one financial year shall be drawn up. Article 143  [No Tax Inclusion]The budget law may not include any provisions establishing a new tax, increasing an existing tax, amending an existing law, or evading the issue of a special law on a matter in respect of which the Constitution provides that a law should be issued. Article 144  [Budget by Law]The budget shall be issued by a law. Article 145  [Continuing Budget]

(1) If the budget law has not been promulgated before the beginning of the financial year, the preceding budget applies until the new one is issued and revenues are collected and disbursements made in accordance with laws in force at the end of the preceding year.(2) However, if the National Assembly has approved one or more parts of the new budget, they are put into effect. Article 146  [Changes of Budget]Any expenditure not included in the budget, or in excess of the budget appropriations, as well as the transfer of any fund from one part of the budget to another, must be effected by law. Article 147  [Maximum Expenditure]In no case may the maximum estimate of expenditure, included in the budget law or the laws amending it, be exceeded. Article 148  [General Budgets]The general budgets, both independent and annexed, must be specified by law to which the provisions regarding the budget of the State apply. Article 149  [Final Accounts]The final accounts of the financial administration of the State for the preceding year are submitted, within four months following the end of the said year, to the National Assembly for consideration and approval. Article 150  [Statement of Government]The government submits to the National Assembly, at least once during each ordinary session, a statement upon the financial position of the State. Article 151  [Audit Commission]A financial control and audit commission is established by a law, which ensures its independence.  The commission is attached to the National Assembly and assists the government and the National Assembly in controlling the collection of the State revenues and the disbursement of its expenditures within the limits of the budget.  The commission submits to both the Government and the National Assembly an annual report on its activities and its observations. Article 152  [Natural Resources]No concession for exploitation of either a natural resource or a public service may be granted except by a law and for a limitedperiod.  In this respect, the preparatory measures facilitate the operations of prospecting and explorating and ensure publicity and competition. Article 153  [Monopoly]No monopoly may be granted except by a law and for a limited period. Article 154  [Currency, Banking, Standards]Currency and banking as well as standards, weights, and measures are regulated by law. Article 155  [Pensions]Law regulates salaries, pensions, compensation, subsidies, and gratuities which are a charge on the State treasury.

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 Article 156  [Local Budgets]Provisions relating to the budgets and the final accounts of local bodies and authorities which have a public legal personality are determined by law. Section III  Military Affairs Article 157  [Peace, State Integrity]Peace is the aim of the State, and the safeguard of the integrity of the Country, which is part of the integrity of the Greater Arab World, is a trust devolving upon every citizen. Article 158  [Military Service]Military service is regolated by law. Article 159  [Establishment of Armed Forces]The State alone may establish armed forces and public security bodies and that in accordance with law. Article 160  [Mobilization]Mobilization, general or partial, are regulated by law. Article 161  [Supreme Defence Council]A Supreme Defence Council is set up to conduct affairs relating to defence, to the safeguard of the integrity of the Country, and to the supervision of the armed forces, in accordance with law. Chapter V  The Judicial Power Article 162  [Impartiality of Judges]The honor of the Judiciary and the integrity and impartiality of judges are the bases of rule and a guarantee of rights and liberties. Article 163  [Independence of Judiciary]In administering justice, judges are not subject to any authority .  No interference whatsoever is allowed with the conduct of justice.  Law guarantees the independence of the Judiciary and states the guarantees and provisions relating to judges and the conditions of their irremovability. Article 164  [Court System, Military Courts]Law regulates the Courts of various kinds and degrees and specifies their functions and jurisdiction.  Except when Martial Law is in force, Military Courts have jurisdiction only over military offences committed by members of the armed and security forces within the limits specified by law. Article 165  [Publicity of Trials]Sittings of the Courts are to be public, except for the casesprescribed otherwise by law. Article 166  [Recourse to the Courts]The right of recourse to the Courts is guaranteed to all people.  Law prescribes the procedure and manner necessary for the exercise of this right. Article 167  [Public Prosecution]

(1) The Public Prosecution Office conducts penal charges on behalf of society.  It supervises the affairs of judicial police, the enforcement of penal laws, the pursuit of offenders, and the execution of judgments.  Law regulates this body, lays down its duties, and defines the conditions and guarantees for those who assume its functions.(2) As an exception, law may entrust to the public security authorities the conduct of prosecutions in misdemeanours in accordance with the manner prescribed by law. Article 168  [Supreme Council of Judiciary]The Judiciary has a Supreme Council which is regulated, and its duties defined, by law. Article 169  [Administrative Jurisdiction]The law regulates the settlement of administrative suits by means of a special Chamber or Court, and prescribes its organization and the manner of assuming administrative jurisdiction including the power of both nullification and compensation in respect of administrative acts contrary to law. Article 170  [Legal Departments]The law organizes the body which renders legal advice to ministries and public departments and drafts bills and regulations.  Law also regulates the representation of the State and other public bodies before the Courts. Article 171  [Council of State]A Council of State may be established by a law to assume the functions of administrative jurisdiction, rendering legal advice, and drafting bills and regulations, mentioned in the preceding two Articles. Article 172  [Conflicts of Jurisdiction]The method of resolving conflicts of jurisdiction or of judgments between the various kinds of Courts are prescribed by law. Article 173  [Constitutional Review](1) The law specifies the judicial body competent to deciding dispiutes relating to the constitutionality of laws and regulations and determines its jurisdiction and procedure.(2) The law ensures the right of both the Government and the interested parties to challenge the constitutionality of laws and regulations before the said body.(3) If the said body decides that a law or a regulation is unconstitutional, it is considered null and void. Part V  General and Transitional Provisions Article 174  [Amendments of the Constitution](1) The Amir or one-third of the members of the National Assembly have the right to propose a revision of the Constitution by amending or deleting one or more of its provisions or by adding new provisions.(2) If the Amir and the majority of the members constituting the National Assembly approve the principle of revision and its subject matter, the Assembly debates the bill article by article. Approval by a two-thirds majority vote of the members constituting the Assembly is required for the bill to be passed.  The revision comes into force only after being sanctioned and

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promulgated by the Amir regardless of the provisions of Articles 65 and 66.(3) If the principle of revision or its subiect matter is rejected, it may not be presented again before the lapse of one year from the rejection.(4) No amendment to this Constitution may be proposed before the lapse of five years from its coming into force. Article 175  [Limits to Constitutional Amendments]The provisions relating to the Amiri System in Kuwait and the principles of liberty and equality, provided for in this Constitution, may not be proposed for revision except in relation to the title of the Amirate or to increase the guarantees of liberty and equality. Article 176  [Powers of the Amir]The powers of the Amir, specified in this Constitution, may not be proposed for revision when a Deputy Amir is acting for him. Article 177  [Continuation of Treaties]The application of this Constitution does not affect treaties and conventions previously concluded by Kuwait with other States and international organizations. Article 178  [Publication of Laws]Laws are published in the Official Gazette within two weeks of their promulgation and come into force one month after their publication.  The latter period may be extended or reduced for any law by a special provision included in it. Article 179  [Retroactive Laws]The laws are applicable to that which takes place after the date of their coming into force, and thus have no effect in respect of what has taken place before such date.  However, in other than penal matters, a law may, with the approval of a majority vote of the members constituting the National Assembly, prescribe otherwise. Article 180  [Continuation of Laws]All provisions of laws, regulations, decrees, orders, and decisions, in effect upon the coming into force of this Constitution, continue to be applicable unless amended or repealed in accordance with the procedure preseribed in this Constitution, provided that they are not contrary to any of its provisions. Article 181  [No Suspension of Constitution]No provision of this Constitution may be suspended except when Martial Law is in force and within the limits specified by the law.  Under no circumstances may the meetings of the National Assembly be suspended, nor shall the immunities of its members be interfered with during such period. Article 182  [Publication, Enforcement]This Constitution shall be published in the Official Gazette and comes into force on the date of the meeting of the National Assembly which shall not be later than January 1963. Article 183  [Continuing Assembly]Law Number I of 1962 concerning the system of Government during the period of transition continues to be in force, and the

present members of the Constituent Assembly continue in the exercis of their duties specified in the said law, until themeeting of the National Assembly.

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Lebanon 1926THE LEBANESE CONSTITUTIONThe Lebanese Constitution, translated by Gabriel M. Bustros B.Sc. (Econ) , London

BUREAU OF LEBANESE AND ARAB DOCUMENTATION1973.

THE LEBANESE CONSTITUTION

promulgated on 23 May 1926modified by the constitutional laws of:

17 October 19278 May 19299 November 19437 December 194321 January 1947

******

TITLE 1. - FUNDAMENTAL PROVISIONS

CHAPTER 1. - THE STATE AND THE TERRITORY

Article 1. - (as modified by the constitutional law of 9 November 1943,article 1)

Lebanon is an independent State, unitarian and sovereign. Its frontiersare those which now limit it:

IN THE NORTH: from the mouth of Nahr El Kebir, the line following thecourse of this river up to its junction with its tributary the Ouade Khaledat the height of Jisr El Kamar.

IN THE EAST: the top line separating the valleys of Ouade Khaled and theOuade Nahr-El Assi (Orontes) and passing through the villages of Meayssra,Harbaana, Hait, Ebbech, Faissan, at the height of the villages Brifa andMatrebeh. This line follows the northern limit of the caza of Baalbeck,towards the Northeast and Southeast, then the Eastern limits of the cazasof Baalbeck, Bekaa, Hasbaya and Rashaya.

IN THE SOUTH: the present southern limits of the cazas of Tyre andMarjeyoun.

IN THE WEST: the Mediterranean Sea.

Article 2. - No part of the Lebanese territory may be alienated or ceded.

Article 3. - The limits of the administrative districts may not be modified except by law.

Article 4. - The Greater Lebanon is a Republic. Beirut is its capital city.

Article 5. - (As modified by the constitutional law of 7 December 1943, sole

Article). The Lebanese flag is composed of three horizontal stripes two red ones framing a white one. The top of the white stripe is equal to double of each of the red stripes. In the center of the white stripe figures a green cedar tree the width of which occupies the third of the latter and which, at its top and base, touches each of the red stripes. CHAPTER 2. - THE LEBANESE NATIONALS, THEIR RIGHTS AND THEIR DUTIES

Article 6. - The Lebanese nationality, the way it is acquired, is retained and forfeited, shall be determined by law.

Article 7. - All the Lebanese are equal before the law. They enjoy equal civil and political rights and are equally subjected to public charges and duties, without any distinction whatever.

Article 8. - Individual liberty is guaranteed and protected. No one can be arrested or detained except in accordance with the provisions of the law. No infringements and no sanctions can be established except by law.

Article 9. - Liberty of conscience is absolute. By rendering homage to the Almighty, the State respects all creeds and guarantees and protects their free exercise, on condition that they do not interfere with public order. It also guarantees to individuals, whatever their religious allegiance, the respect of their personal status and their religious interests.

Article 10. - Education is free so long as it is not contrary to public order and to good manners and does not touch the dignity of creeds. No derogation shall affect the right of communities to have their schools, subject to the general prescriptions on public education edicted by the State.

Article 11. - (As modified by the constitutional law of 9 November 1943,

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Article 2). Arabic is the official national language. A law shall determine the cases where the French language is to be used.

Article 12. - All Lebanese citizens are equally admitted to all public functions without any other cause for preference except their merit and competence and according to the conditions set by law. A special statute shall govern Civil Servants according to the administrations to which they belong.

Article 13. - Freedom of expression by word or pen, freedom of the press, freedom of holding meetings and freedom of association are equally guaranteed within the framework of the law.

Article 14. - Domicile is unviolable. None can enter it except in cases provided by the law and according to the form it prescribes.

Article 15. - Property is under the protection of the law. None may be deprived of his property except for public utility, in cases established by the law and in return of prior and fair compensation. TITLE II. - POWERS CHAPTER I. - GENERAL PROVISIONS

Article 16. - (As modified by the constitutional law of 17 October 1927,

Article 1 ) Legislature lies with a single assembly: the Chamber of Deputies.

Article 17. - (As modified by the constitutional law of 17 October 1927,

Article 2) Executive power is entrusted to the President of the Republic who exercises it with the assistance of Ministers, according to conditions established by the present constitution.

Article 18. - (As modified by the constitutional law of 17 October 1927,

Article 50) Initiative for legislation belongs to the President of the Republic and the Chamber of Deputies.

Article 19. - (As modified by the constitutional law of 17 October 1927,

Article 50) In order that a law may be promulgated, it must have been voted by the Chamber.

Article 20. - Judicial power functioning within the framework of a statute established by law and ensuring essential guarantees to judges and the disputing parties is exercised by courts of different order and degrees. The law fixes the limits and the conditions of the magistrates' tenure of office. Judges are independent in the exercise of their functions. The awards and judgments of all courts are rendered and executed in the name of the Lebanese people.

Article 21. - Any Lebanese citizen aged 21 who meets the conditions of the electoral law is entitled to vote. CHAPTER 2.- THE LEGISLATURE

Article 22. - (Abrogated by the constitutional law of 17 October 1927,

Article 50)

Article 23. - (Abrogated by the constitutional law of 17 October 1927,

Article 50)

Article 24. - (As modified by the constitutional law of 21 January 1947,

Article l) The Chamber of Deputies is composed of elected members: their number and conditions of their election are determined by the electoral laws in force.

Article 25. - (As modified by the constitutional law of 21 January 1947,

Article l) In the event of the dissolution of the Chamber of Deputies, the deed dissolving it must contain convocation of the voters for new elections which shall be held in conformity with

Article 24 and within a time-limit not exceeding three months. CHAPTER 3. - GENERAL PROVISIONS

Article 26. - (As modified by the constitutional law of 17 October 1927,

Article 3) The Chamber and the Executive sit in Beirut.

Article 27. - (As modified by the constitutional law of 21 January 1947,

Article 1 ) The Chamber member represents all the Nation. No imperative mandate may be given him by his electors.

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Article 28. - (As modified by the constitutional law of 8 May 1929,

Article l) No incompatibility exists between a deputy's mandate and ministerial office. Ministers may be taken indistintively either from the Chamber or from outside.

Article 29. - (As modified by the constitutional law of 17 October 1927,

Article 6) Cases of inaptness to the quality of deputy are determined by law.

Article 30. - (As modified by the constitutional law of 21 January 1947,

Article l) The Chamber of Deputies is solely competent to adjudicate the validity of its members' mandate. No mandate may be invalidated except by a two-thirds majority vote of the whole Assembly.

Article 31. - (As modified by the constitutional law of 17 October 1927,

Article 8 ) Any sitting of the Chamber outside the legal time of session is illegal and null as a matter of course.

Article 32. - (As modified by the constitutional law of 17 October 1927,

Article 9) The Chamber convenes every year in two ordinary sessions. The first opens on the first Tuesday following the 15th March and terminates at the end of the month of May. The second opens on the first Tuesday following the 15th October. It is devoted before any other business to budget debate and vote. It lasts until the end of the year.

Article 33. - (As modified by the constitutional law of 17 October 1927,

Article 10) The opening and winding up of ordinary sessions take place as a matter of right on the dates fixed by

Article 32. The President of the Republic may convene the Chamber to an emergency session. The opening and winding up of emergency sessions are fixed by decree. The day's Agenda thereof is fixed by the decree of convocation. The President of the Republic is

bound to convene the Chamber of Deputies, if so requested by the absolute majority of its members.

Article 34. - (As modified by the constitutional law of 17 October 1927,

Article 11) The Chamber may not be validly constituted except with the attendance of the majority of the members legally composing it. Resolutions are adopted by majority vote. In the event of a tie the matter under debate is rejected.

Article 35. - (As modified by the constitutional law of 17 October 1927,

Article 12) Debates in the Chamber are public. However, the Chamber convenes in secret committee upon Government request or of five of its members. It then decides if the debate must be resumed in public on the same subject.

Article 36. - Voting is expressed in a loud voice or by sitting and standing, except in the event of an election, in which case ballot is secret. On laws as a whole and on the matter of confidence voting is always by nominal call and in a loud voice.

Article 37. - (As modified by the constitutional law of 8 May 1929,

Article 2) The right of every deputy to question the responsibility of Ministers is absolute during the ordinary and emergency sessions. No motion of this nature may be debated and voted upon except five days at least after it has been tabled before the Chamber of Deputies and communicated to the Minister of Ministers concerned.

Article 38. - (As modified by the constitutional law of 17 October 1927,

Article 14) Any Bill which has not been rejected by the Chamber may not be tabled once more in the course of the same session.

Article 39. - (As modified by the constitutional law of 17 October 1927,

Article 15) No member of the Chamber may be prosecuted for his expression of opinions or votes during the term of his mandate.

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Article 40. - (As modified by the constitutional law of 17 October 1927,

Article 16) No member of the Chamber may, while the session is in progress, be prosecuted or arrested for breach of the penal law - barring cases of flagrante delicto - except with the approval of the Chamber.

Article 41. - (As modified by the constitutional law of 21 January 1947,

Article l) When a seat in the Chamber has become vacant, the vacancy shall be filled within a time-limit of two months. The term of office of the new member shall run up to the expiry of the term of office of his predecessor. No steps shall be taken to fill the vacancy if the Chamber is less than six months away from the expire of its powers.

Article 42. - (As modified by the constitutional law of 21 January 1947,

Article 1) General elections for the renewal of the Assembly are held within the sixty days which precede the end of its term of office.

Article 43. - (A s modified by the constitutional law of 17 October 192 7,

Article 19) The Chamber drafts its own internal regulations.

Article 44. - (As modified by the constitutional law of 21 January 1947,

Article l) At the first sitting which follows every renewal and on the opening of the October session, the Chamber meeting under the presidency of its senior member, the two youngest members acting as secretaries, elects separately, by secret ballot and the absolute majority of the expressed votes, a president (Speaker), a vice- president, and two secretaries. At the third ballot, relative majority is sufficient. In the event of a tie, the oldest is declared elected.

Article 45. - (As modified by the constitutional law of 17 October 1927,

Article 21) The members of the Chamber do not vote except if they attend the sitting; voting by proxy is not admitted.

Article 46. - (As modified by the constitutional law of 17 October 1927,

Article 22) Only the Chamber is entitled to maintain its own order, through the Speaker.

Article 47. - (As modified by the constitutional law of 17 October 1927,

Article 23) Any petition to the Chamber must be made out and communicated in writing. It is forbidden to hand in petitions in person or on the floor.

Article 48. - (As modified by the constitutional law of 17 October 1927,

Article 24) Indemnity to the members of the Chamber is determined by law. CHAPTER 4. THE EXECUTIVE

Article 49. - (As modified by the constitutional laws of 8 May 1929,

Article 3, and 21 January 1947,

Article 2) The President of the Republic is elected by secret ballot at a two- thirds majority of the votes, by the Chamber of Deputies. After the first ballot, absolute majority suffices. The President's term of office is of six years. He may not be re-elected except after a break of six years. None is eligible as President of the Republic if he does not meet the conditions required to be eligible to the Chamber of Deputies.

Article 50. - Before entering upon his duties, the President of the Republic takes the oath of allegiance to the Lebanese Nation and the Constitution, before Parliament, in the following terms: "I swear by Almighty God to observe the Constitution and the laws of the Lebanese people, to safeguard the independence of Lebanon and the integrity of its territory. "

Article 51. - (As modified by the constitutional law of 17 October 1927,

Article 26) The President of the Republic promulgates laws when they have been voted by the Chamber; he sees to their execution; he is vested with regulating powers though he may not modify the laws themselves nor exempt from their execution. He has the power of pardon. Amnesties may not be granted except by law.

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Article 52. - (As modified by the constitutional law of 9 November 1943,

Article 3) The President of the Lebanese Republic negotiates and ratifies treaties. He brings them to the knowledge of the Chamber as soon as the interest and safety of the State permit. Treaties involving State finances, trade agreements and in general treaties which cannot be denounced at the end of each calendar year, are not definitive except after they have been voted by the Chamber of Deputies.

Article 53. - (As modified by the constitutional law of 21 January 1947,

Article l) The President of the Republic appoints and dismisses the Ministers among whom he designates a President for the Council of Ministers; he nominates to all posts for which the mode of appointment is not otherwise determined by law; he presides over national official functions.

Article 54. - Each of the acts of the President of the Republic must be counter- signed by the Minister or Ministers concerned, except however in the case of the nomination or revocation of a Minister.

Article 55. - (As modified by the constitutional law of 8 May 1929,

Article 4) The President of the Republic may, by motivated decree taken on the favourable advice of the Council of Ministers, dissolve the Chamber of Deputies, before the expiry of its term of office. In this case, the electing bodies are gathered as provided in

Article 25 and the new Chamber is convened within the fifteen clear days following the proclamation of the election results.

Article 56. - (As modified by the constitutional law of 17 October 1927,

Article 30) The President of the Republic promulgates laws within the calendar month which follows the communication to the Government of the law definitively passed; he must promulgate within five clear days those laws whose promulgation has been declared a matter of urgency by special vote of the Chamber.

Article 57. - (As modified by the constitutional law of 17 October 1927,

Article 31) Within the time-limit fixed for promulgation, the President of the Republic may once ask for a new debate which may not be denied him.

When the President of the Republic uses this right, he is not bound to promulgate a law unless this law has been passed by the Chamber after a second debate by absolute majority of the members legally composing this Assembly.

Article 58. - (As modified by the constitutional law of 17 October 1927,

Article 32) By decree already taken on the favourable advice of the Council of Ministers, the President of the Republic may render executory any project which has previously been declared urgent by the Government by the decree of transmission taken on the favourable advice of the Council of Ministers, and on which the Chamber has not adjudicated within the forty days following its communication to the Assembly.

Article 59. - (As modified by the constitutional law of 17 October 1927,

Article 33 ) The President of the Republic may adjourn the Chamber for a period not exceeding one month. He may not do so twice in the same session.

Article 60. - (As modified by the constitutional law of 21 January 1947,

Article l) The President of the Republic is not responsible for the acts of his functions except in cases of breach to the Constitution or high treason. His responsibility for offences of common law is submitted to ordinary laws. For such offences, as for breach of the Constitution and high treason he may not be impeached except by the Chamber of Deputies deciding by a two-thirds majority of the members of the whole Assembly; he is tried by the Higher Court provided in

Article 80. Public prosecutorship before the Higher Court is exercised by a magistrate appointed by the highest jurisdiction, with all the chambers meeting.

Article 61. - When indicted, the President of the Republic is suspended of his functions and the Presidency is vacant until the Higher Court adjudicates.

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Article 62. - In case of vacancy of the Presidency of the Republic, for whatever reason this may be, executive power is exercised, provisionally, by the Council of Ministers.

Article 63. - The civil list of the President of the Republic is determined by law. During the President's tenure of office it may be neither increased nor reduced.

Article 70. - The Chamber of Deputies is entitled to arraign Ministers for high treason or for serious dereliction of their incumbent duties. Committal for trial may not be decided except by a two-thirds majority of the whole Assembly. A special law shall determine the civil responsibility of Ministers.

Article 71. - The Minister committed for trial is judged by the Higher Court.

Article 72. - The Minister relinquishes his post as soon as he has been committed for trial. A Minister's resignation does not preclude the initiation or pursuance of proceedings against him. TITLE III. - a) ELECTION OF THE PRESIDENT OF THE REPUBLIC

Article 73. - (As modified by the constitutional law of 17 October 1927,

Article 38) At least one month and at the latest two months before the expiry of the powers of the President of the Republic, the Chamber convenes on the invitation of its Speaker, for the election of a new President.

In default of a convocation, the meeting shall be held as a matter of right the tenth day before the end of the President's term of office.

Article 74. - (As modified by the constitutional law of 17 October 1927

Article 39)

Article 64. - Ministers assume the higher management of all the State services pertaining to their respective departments. Each, within his competence, sees to the enforcement of the laws and regulations.

Article 65. - No one may be a Minister if he is not a Lebanese.

Article 66. - (As modified by the constitutional law of 17 October 1927,

Article 34) Ministers are severally responsible before the Chamber for the Government general policy and individually for their personal acts. The Government's overall program is prepared and presented to the Chamber by the President of the Council or by a Minister acting in his name.

Article 67. - (As modified by the constitutional law of 17 October 1927,

Article 35) Ministers may come to the Chamber without let or hindrance and make themselves heard whenever they please. They may seek the assistance of one or several Civil Servants of their department.

Article 68. - (As modified by the constitutional law of 17 October 1927,

Article 36) When, in conformity with

Article 37, the Chamber declares it has no confidence in a Minister, this Minister is required to resign.

Article 69. - (Abrogated by the constitutional law of 8 May 1929,

Article 5) Should the presidency become vacant through death, resignation or any other cause, the Assembly meets immediately and as a matter of right to elect a new President. If at the time the vacancy occurs, the Chamber happens to be dissolved, the electoral bodies are summoned without delay and, soon after the elections are held, the Chamber meets as a matter of right.

Article 75. - (As modified by the constitutional law of 17 October 1927,

Article 40) The Chamber meeting to elect the President of the Republic constitutes an electing body and not a deliberating assembly. It must proceed solely, without delay or debate, with the election of the Head of the State. b) REVISION OF THE CONSTITUTION

Article 76. - (As modified by the constitutional law of 17 October 1927,

Article 41) The Constitution may be revised on the initiative of the President of the Republic. In this event, the government shall table before the Assembly a draft constitutional law.

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Article 77. - (As modified by the constitutional law of 17 October 1927,

Article 42) The Constitution may equally be revised on the initiative of the Chamber of Deputies. This right is exercised in the following manner: In the course of an ordinary session and on the proposal of at least ten of its members, the Chamber may voice the desire, by a two-thirds majority of the members legally composing it, that the Constitution should be revised. The

Articles and questions covered by this desire are to be specifically enumerated and clarified. The Speaker conveys the wish to the Government, requesting it to lay down a draft constitutional law. If the Government approves the Assembly's desire, it must prepare the relevant draft law and table it before the Assembly within four months; if the Government is at variance with the Assembly, its desire is sent back for a further deliberation. If the Chamber maintains its desire at a three -quarters majority of the members legally composing it, the President of the Republic is at liberty, either to acquiesce to the Assembly's desire, or issue a decree of dissolution, and take steps for new elections within a time-limit of three months. Should the new Assembly insist on the need for revision, the Government is compelled to acquiesce to the wish of the Assembly and to table a draft law within a time-limit of four months. c) OPERATION OF THE ASSEMBLY

Article 78. - (As modified by the constitutional law of 17 October 1927,

Article 43 ) When the draft constitutional law has been tabled before it, the Chamber must engage itself in no other business but that of revision, until the final vote.

It may not deliberate and vote except those

Articles and issues which have been set down for the sake of limitation and clarified in the project duly communicated.

Article 79. - (As modified by the constitutional law of 17 October 1927,

Article 44) The Chamber of Deputies, with a draft constitutional law before it, may not validly deliberate and vote except when a two-thirds majority of the members legally composing it attend. Deliberations are carried by a two-thirds majority of the members legally composing the Assembly. The President of the

Republic is bound to promulgate the constitutional law in the same conditions and forms as ordinary laws. He may within the time-limit fixed for promulgation, require a new deliberation. This shall equally be proceeded with by a two- thirds majority. TITLE IV. - VARIOUS PROVISIONS a) THE HIGHER COURT

Article 80. - (As modified by the constitutional Law of 17 October 1927,

Article 45) The Higher Court is composed of seven deputies elected by the Chamber of Deputies and by eight of the highest Lebanese magistrates, selected by order of hierarchy or, at equal rank, by order of seniority, under the chairmanship of the top grade magistrate. Verdicts of condemnation by the Higher Court are rendered by a majority of six votes. A law shall determine the procedure to be followed in this Court. b) FINANCE

Article 81. - (As modified by the constitutional law of 21 January 1947,

Article l) Taxes are established for public utility. No taxes may be levied in the Lebanese Republic except in conformity with a uniform law applicable on the whole territory without exception.

Article 82. - No tax may be modified or suppressed except by virtue of a law.

Article 83. - Every year, early in the October session, the Government submits to the Chamber of Deputies, for examination and approval, the general budget of State revenue and expenditure for the following year. The budget is voted

Article by

Article.

Article 84. - (As modified by the constitutional law of 17 October 1927,

Article 46) In the course of the budget debate and the discussion of the Bills providing for the opening of supplementary and emergency credits, the Chamber may not increase the credits proposed in the draft budget or in the above-mentioned projects, either through amendment or through independent proposals. But once this debate is over, the Assembly may pass laws providing for new expenditures .

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Article 85. - (As modified by the constitutional law of 21 January 1947,

Article l) No emergency credit may be opened except by special law. However, when unpredictable circumstances have made urgent expenditures necessary, the President of the Republic may, by decree passed on the favourable advice of the Council of Ministers, open emergency or supplementary credits, or operate credit transfers. Such credits may not exceed 15,000 pounds per

Article. The measures so edicted are submitted to the ratification of the Chamber at the first session following,

Article 86. - (As modified by the constitutional law of 17 October 1927, -

Article 48) If the Chamber of Deputies has not definitively dealt with the draft project before the expiry of the session devoted to the examination of the budget, the President of the Republic shall summon the Assembly to an extraordinary session expiring at the end of January to proceed with the budget debate; if at the end of that extraordinary session the budget has not been finalised, the President of the Republic may, by decree passed on the favourable advice of the Council of Ministers, make the draft budget executory in the form in which it was tabled before the Chamber. The President may not exercise this power except if the draft budget has been tabled before the Chamber at least fifteen days before the beginning of the session.

In the course of that extraordinary session, taxes, contributions, duties, fees and other revenue continue to be levied as previously. The expenditures of the month of January are initiated on the basis of the provisional twelfth of the preceding financial year, increased by permanent additional credits and reduced by the permanent credits withdrawn.

Article 87. - (As modified by the constitutional law of 17 October 1927,

Article 49) The final account of the finance administration for the closed financial year must be submitted to the Chamber and approved before the promulgation of the budget of the second financial year following that to which the account refers. An Audit Department shall be created by special law.

Article 88. - No public loan and no commitment likely to burden the Treasury may be transacted except by virtue of a law.

Article 89. - No concession aiming at the exploitation of a natural resource of the country or a public utility service, nor any monopoly may be granted except by virtue of a law and for a limited period. TITLE V

Article 90. - (Abrogated by the constitutional law of 9 November 19 43,

Article 4)

Article 91. - (Abrogated by the constitutional law of 9 November 1943,

Article 4)

Article 92. - (Abrogated by the constitutional law of 9 November 1943,

Article 4)

Article 93 - Abrogated by the constitutional law of 21 January 1947,

Article 2)

Article 94. - (Abrogated by the constitutional law of 9 November 1943,

Article 4) TITLE VI. - FINAL AND TRANSITORY PROVISIONS

Article 95. - (As modified by the constitutional law of 9 November 1943,

Article 5) As a transitory measure and for the sake of even justice and concord, the communities shall be equally represented in public posts and in ministerial composition, without damage to State interest resulting therefrom.

Article 96. - (Abrogated by the constitutional law of 21 January 1947,

Article 2)

Article 97. - (Abrogated by the constitutional law of 21 January 1947,

Article 2)

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Article 98. - (Abrogated by the constitutional law of 21 January 1947,

Article 2)

Article 99. - (Abrogated by the constitutional law of 21 January 1947,

Article 2)

Article 100. - (Abrogated by the constitutional law of 21 January 1947,

Article 2)

Article 101. - As from 1 September 1926, the State of "Greater Lebanon" shall bear the name of "Lebanese Republic", without change or modification of any other kind.

Article 102 - (As modified by the constitutional law of 9 November 1943,

Article 6) All legislative provisions contrary to the present constitution are abrogated.

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Lebanon 1990

Lebanon - Constitution

{ Adopted on: 23 May 1926. }{ ICL Document Status: 21 Sep 1990. }

{ Editor's Note:The ICL edition is based on the raw text of an annotated translation by Paul E. Salem for the Lebanese Center of Political Studies (cf. The Beirut Review No. 1/1991) consolidating all changes up to and including the Amendments of 21 Aug 1990 (signed into force 21 Sep 1990).  That text is itself based on 'The Lebanese Constitution: A Reference Edition in English Translation' by the Department of Political Studies and Public Administration at the American University of Beirut (1960), and also seems to draw on the 1973 translation by Gabriel M. Bustros for the Bureau of Lebanese and Arab Documentation in London.  We have added minor corrections, changed the British-style 'shall' predominance to more definite wording, worked in the ICL formatting, and included article headings and paragraph numbers.  ICL keys are yet to be done. }

 Preamblea. Lebanon is a sovereign, free, and independent country.  It is a final homeland for all its citizens.  It is unified in its territory, people, and institutions within the boundaries defined in this constitution and recognized internationally.b. Lebanon is Arab in its identity and in its association.  It is a founding and active member of the League of Arab States and abides by its pacts and covenants.  Lebanon is also a founding and active member of the United Nations Organization and abides by its covenants and by the Universal Declaration of Human Rights.  The Government shall embody these principles in all fields and areas without exception.c. Lebanon is a parliamentary democratic republic based on respect for public liberties, especially the freedom of opinion and belief, and respect for social justice and equality of rights and duties among all citizens without discrimination.d. The people are the source of authority and sovereignty; they shall exercise these powers through the constitutional institutions.e. The political system is established on the principle of separation, balance, and cooperation amongst the various branches of Government.f. The economic system is free and ensures private initiative and the right to private property.g. The even development among regions on the educational, social, and economic levels shall be a basic pillar of the unity of the state and the stability of the system.h. The abolition of political confessionalism is a basic national goal and shall be achieved according to a gradual plan.

i. Lebanese territory is one for all Lebanese.  Every Lebanese has the right to live in any part of it and to enjoy the sovereignty of law wherever he resides.  There is nosegregation of the people on the basis of any type of belonging, and no fragmentation, partition, or colonization.j. There is no constitutional legitimacy for any authority which contradicts the 'pact of communal coexistence'.This Constitutional Law shall be published in the Official Gazette. [Part] A.  Fundamental Provisions [Chapter] I.  On the State and its Territories Article 1  [Territory]Lebanon is an independent, indivisible, and sovereign state.  Its frontiers are those which now bound it:On the North: From the mouth of al-Kabir River, along a line following the course of this river to its point of junction with Khalid Valley opposite al-Qamar Bridge.On the East: The summit line separating the Khalid Valley and al-Asi River (Orontes) and passing by the villages of Mu'aysarah, Harbanah, Hayt, Ibish, Faysan to the height of the two villages of Brina and Matraba.  This line follows the northern boundary of the Ba`albak District at the northeastern and south eastern directions, thence the eastern boundaries of the districts of Ba`albak, Biqa', Hasbayya, and Rashayya.On the South: The present southern boundaries of the districts of Sûr (Tyre) and Marji`yun.On the West: The Mediterranean. Article 2  [Territorial Integrity]No part of the Lebanese territory may be alienated or ceded. Article 3  [Administrative Areas]The boundaries of the administrative areas may not be modified except by law. Article 4  [Republic, Capital]Greater Lebanon is a Republic the capital of which is Beirut. Article 5  [Flag]The Lebanese flag is composed of three horizontal stripes, a white stripe between two red ones.  The width of the white stripe is equal to that of both red stripes.  In the center of and occupying one third of the white stripe is a green Cedar tree with its top touching the upper red stripe and its base touching the lower red stripe. [Chapter] II.  The Rights and Duties of the Citizen Article 6  [Nationality]Lebanese nationality and the manner in which it is acquired, retained, and lost is to be determined in accordance with the law. Article 7  [Equality]All Lebanese are equal before the law.  They equally enjoy civil and political rights and equally are bound by public obligations and duties without any distinction.

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 Article 8  [Personal Liberty, nulla poena sine lege]Individual liberty is guaranteed and protected by law.  No one may be arrested, imprisoned, or kept in custody except according to the provisions of the law.  No offense may be established or penalty imposed except by law. Article 9  [Conscience, Belief]There shall be absolute freedom of conscience.  The state inrendering homage to the Most High shall respect all religions and creeds and guarantees, under its protection, the free exercise of all religious rites provided that public order is not disturbed.  It also guarantees that the personal status and religious interests of the population, to whatever religious sect they belong, is respected. Article 10  [Education, Confessional Schools]Education is free insofar as it is not contrary to public order and morals and does not interfere with the dignity of any of the religions or creeds.  There shall be no violation of the right of  eligious communities to have their own schools provided they follow the general rules issued by the state regulating public instruction. Article 11  [Official National Language]Arabic is the official national language.  A law determines the cases in which the French language may be used. Article 12  [Public Office]Every Lebanese has the right to hold public office, no preference being made except on the basis of merit and competence, according to the conditions established by law.  A special statute guarantees the rights of state officials in the departments to which they belong. Article 13  [Expression, Press, Assembly, Association]The freedom to express one's opinion orally or in writing, the freedom of the press, the freedom of assembly, and the freedom of association are guaranteed within the limits established by law. Article 14  [Home]The citizen's place of residence is inviolable.  No one may enter it except in the circumstances and manners prescribed by law. Article 15  [Property]Rights of ownership are protected by law.  No one's property may be expropriated except for reasons of public utility in cases established by law and after fair compensation has been paid beforehand. [Part] B.  Powers [Chapter] I.  General Provisions Article 16  [Legislative Power, One Chamber]Legislative power is vested in a single body, the Chamber of Deputies. Article 17  [Executive Power, Council of Ministers]

Executive power is entrusted to the Council of Ministers to be exercised it in accordance with the conditions laid down in this constitution. Article 18  [Bills]The Parliament and the Council of Ministers have the right to propose laws.  No law shall be promulgated until it has been adopted by the Chamber. Article 19  [Constitutional Council]A Constitutional Council is established to supervise the constitutionality of laws and to arbitrate conflicts that arise from parliamentary and presidential elections.  The President, the President of the Parliament, the Prime Minister, along with anyten Members of Parliament, have the right to consult this Council on matters that relate to the constitutionality of laws.  The officially recognized heads of religious communities have the right to consult this Council only on laws relating to personal status, the freedom of belief and religious practice, and the freedom of religious education.  The rules governing the organization, operation, composition, and modes of appeal of the Council are decided by a special law. Article 20  [Judicial Power]Judicial power is to be exercised by the tribunals of various levels and jurisdictions.  It functions within the limits of an order established by the law and offering the necessary guarantees to judges and litigants.  The limits and conditions for the protection of the judges are determined by law.  The judges are independent in the exercise of their duties.  The decisions and judgments of all courts are rendered and executed in the name of the Lebanese People. Article 21  [Electoral Rights]Every Lebanese citizen who has completed his twenty-first year is an elector provided he fulfills the conditions laid down in the electoral law. [Chapter] II.  The Legislative Power Article 22  [Senate]With the election of the first Parliament on a national, non-confessional basis, a Senate is established in which all the religious communities are represented.  Its authority is limited to major national issues. Article 23  [Eligibility to the Senate]{abolished 1927} Article 24  [Electoral Laws](1) The Chamber of Deputies is composed of elected members; their number and the method of their election is determined by the electoral laws in effect.  Until such time as the Chamber enacts new electoral laws on a non-confessional basis, the distribution of seats is according to the following principles:a. Equal representation between Christians and Muslims.b. Proportional representation among the confessional groups within each religious community.c. Proportional representation among geographic regions.(2) Exceptionally, and for one time only, the seats that are currently vacant, as well as the new seats that have been

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established by law, are to be filled by appointment, all at once, and by a majority of two thirds of the Government of National Unity.  This is to establish equality between Christians and Muslims as stipulated in the Document of National Accord [The Taif  Agreement].  The electoral laws will specify the details regarding the implementation of this clause. Article 25  [Dissolution]Should the Chamber of Deputies be dissolved, the Decision of dissolution must provide for the holding of new elections in accordance with Article 24 and within a period not exceeding three months. Article 26  [Location of Government and Parliament]The Government and the Chamber of Deputies shall be located in Beirut. Article 27  [Representation]A member of the Chamber represents the whole nation.  Norestriction or stipulation may be imposed upon his mandate by his electors. Article 28  [No Incompatibility]A Deputy may also occupy a ministerial position.  Ministers, all or in part, may be selected from among the members of the Chamber or from persons outside the Chamber. Article 29  [Incompatibility by Law]Cases in which persons are disqualified from becoming Deputies are determined by law. Article 30  [Validating Elections]The Deputies alone have competence to judge the validity of their mandate.  No Deputy's mandate may be invalidated except by a majority of two thirds of the votes of the entire membership.  This clause is automatically cancelled as soon as the Constitutional Council is established and as soon as the laws relating to it are implemented. Article 31  [Illegal Sessions]Meetings of the Chamber outside those set for legal sessions are unlawful and ipso facto null and void. Article 32  [Ordinary Sessions]The Chamber meets each year in two ordinary sessions.  The first session opens on the first Tuesday following 15 March and continues until the end of May.  The second session begins on the first Tuesday following 15 Oct; its meetings is reserved for the discussion of and voting on the budget before any other work.  This session lasts until the end of the year. Article 33  [Extraordinary Sessions]The ordinary sessions begin and end automatically on the dates fixed in Article 32.  The President of the Republic in consultation with the Prime Minister may summon the Chamber to extraordinary sessions by a Decree specifying the dates of the opening and closing of the extraordinary sessions as well as the agenda.  The President of the Republic is required to convoke the Chamber if an absolute majority of the total membership so requests. Article 34  [Quorum]

The Chamber is not validly constituted unless the majority of the total membership is present.  Decisions are to be taken by a majority vote.  Should the votes be equal, the question under consideration is deemed rejected. Article 35  [Publicity]The meetings of the Chamber are public.  However, at the request of the Government or of five Deputies, the Chamber may sit in secret sessions.  It may then decide whether to resume the discussion of the same question in public. Article 36  [Voting Process]Votes are to be cast verbally or by the members standing, except for elections when the ballot is secret.  With respect to laws in general and on questions of confidence, the vote is always taken by roll call and the responses are made in an audible voice. Article 37  [Vote of No-Confidence]Every Deputy has the absolute right to raise the question of no-confidence in the government during ordinary or extraordinary sessions.  Discussion of and voting on such a proposal may not take place until at least five days aftersubmission to the secretariat of the Chamber and its communication to the ministers concerned. Article 38  [Reintroduction of Bills]No Bill that has been rejected by the Chamber may be re-introduced during the same session. Article 39  [Indemnity]No member of the Chamber may be prosecuted because of ideas and opinions expressed during the period of his mandate. Article 40  [Immunity]No member of the Chamber may, during the sessions, be prosecuted or arrested for a criminal offense without the permission of the Chamber, except when he is caught in the act. Article 41  [Re-election]Should a seat in the Chamber become vacant, the election of a successor begins within two months.  The mandate of the new member does not exceed that of the old member whose place he is taking; however, should the seat in the Chamber become vacant during the last six months of its mandate, no successor may be elected. Article 42  [General Elections]General elections for the renewal of the Chamber shall take place within a sixty day period preceeding the expiration of its mandate. Article 43  [Rules of Procedure]The Chamber draws up its own internal rules and procedures. Article 44  [First Session](1) Each time a new Chamber is elected, the Chamber meets under the presidency of the oldest member and the secretariat or the two youngest.  It will then elect separately, by a secret ballot and by an absolute majority of the votes cast, the President and the Vice President of the Chamber to hold office

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for the length or the Chamber's term.  At the third ballot, a relative majority is sufficient.  Should the votes be equal, the oldest candidate is considered elected.(2) Every time a new Chamber or Deputies is elected, as well as in the October session or each year, the Chamber elects two Secretaries by secret ballot according to the majority stipulated in the first part or this article.(3) The Chamber may, once only, two years after the election or its President and his Deputy, and in the first session it holds, withdraw its confidence from the President of the Chamber or his Deputy by a Decision of two thirds of the Chamber, based on a petition signed by at least ten Deputies.  The Chamber, at such point, must hold an immediate session to fill the vacant post. Article 45  [Presence]Members of the Chamber may only vote when they are present at the meeting.  Voting by proxy shall not be permitted. Article 46  [Parliamentary Order]The Chamber has the exclusive right to maintain order in its meetings through its President. Article 47  [Petitions]Petitions to the Chamber may not be presented except in writing.  They may not be presented verbally or at the bar of the Chamber. Article 48  [Remuneration]The remuneration of members of the Chamber is determined by law. [Chapter] III.  The Executive Power [Section] 1.  The President of the Republic Article 49  [Presidential Powers](1) The President of  the Republic is the bead of the state and the symbol of the nation's unity. He shall safeguard the constitution and Lebanon's independence, unity, and territorial integrity.  The President shall preside over the Supreme Defense Council and be the Commander-in-Chief of the Armed Forces which fall under the authority of the Council of Ministers.(2) The President of the Republic shall be elected by secret ballot and by a twothirds majority of the Chamber of Deputies. After a first ballot, an absolute majority shall be sufficient. The President's term is for six years. He may not be re-elected until six years after the expiration of his last mandate. No one may be elected to the Presidency of the Republic unless he fulfills the conditions of eligibility for the Chamber of Deputies.(3) It is also not possible to elect judges, Grade One civil servants, or their equivalents in all public institutions to the Presidency during their term or office or within two years following the date of their resignation or their leaving office for whatever reason. Article 50  [Oath]

Upon assuming office, the President of the Republic shall take an oath of fidelity before the Parliament to the Lebanese Nation and the constitution in the following terms:"I swear by Almighty God to observe the Constitution and the laws of the Lebanese Nation and to maintain the independence of Lebanon and its territorial integrity." Article 51  [Promulgation of Laws]The President of the Republic promulgates the laws after they have been approved by the Chamber in accordance with the time limits specified by the constitution.  He asks for the publication or these laws, and he may not modify these laws or exempt anyone from complying with their provisions. Article 52  [Negotiation of International Treaties]The President of the Republic negotiates international treaties in coordination with the Prime Minister.  These treaties are not considered ratified except after agreement of the Council of Ministers.  They are to be made known to the Chamber whenever the national interest and security of the state permit.  However, treaties involving the finances of the state, commercial treaties, and in general treaties that cannot be renounced every year are not considered ratified until they have been approved by the Chamber. Article 53  [List of Additional Presidential Powers]1. The President presides over the Council of Ministers when he wishes without participating in voting.2. The President designates the Prime Minister in consultation with the President of the Chamber of Deputies based on parliamentary consultations which are binding and the content of which the President formally discloses to the Prime Minister.3. The President alone issues the Decree which designates the Prime Minister.4. He issues, in agreement with the Prime Minister, the decree appointing the Cabinet and the decrees accepting the resignationof Ministers.5. He issues, on his own authority, the decrees accepting the resignation of the Cabinet or considering it resigned.6. He forwards to the Chamber of Deputies Bills that are delivered to him by the Council of Ministers.7. He accredits ambassadors and accept the credentials of ambassadors.8. He presides over official functions and grants official decorations by Decree.9. He grants particular pardons by Decree, but a general amnesty cannot be granted except by a law.10. He addresses, when necessary, letters to the Chamber of Deputies.11. He may introduce, from outside the agenda, any urgent matter to the council of Ministers.12. He may, in agreement with the Prime Minister, call the Council of Ministers to an extraordinary session, whenever he deems this necessary. Article 54  [Countersignature]The decisions of the President must be countersigned by the Prime Minister and the Minister or Ministers concerned except the Decree designating a new Prime Minister and the Decree accepting the resignation of the Cabinet or considering it

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resigned.  Decrees issuing laws must be countersigned by the Prime Minister. Article 55  [Dissolution of Parliament by Decree](1) The President of the Republic may, in accordance with the conditions stipulated in Articles 65 and 77 of this constitution, ask the Council of Ministers to dissolve the Chamber of Deputies before the expiration of its mandate.  If the Council, based on this request, decides to dissolve the Chamber of Deputies, the President issues the Decree dissolving it, and in this case, the electoral bodies meets as provided for in Article 25, and the new Chamber is to be called to convene within fifteen days after the proclamation of the election.(2) The administrative staff of the Chamber of Deputies continues to function until the election or a new Chamber.(3) If elections are not held within the time limit specified in Article 25 of the constitution, the Decree dissolving the Chamber is considered null and void, and the Chamber of Deputies continues to exercise its powers according to the stipulations of the constitution. Article 56  [Promulgation Time Limits](1) The President of the Republic promulgates the laws which have been adopted within one month of their transmission to the Government.  He must promulgate laws that were declared urgent by a special Decision of the Chamber within five days.(2) The President issues decrees and requests their promulgation; he has the right to ask the Council of Ministers to review any Decision that the Chamber has taken within fifteen days of the decision's transmission to the Presidency.  If the Council of Ministers insists on the Decision or if the time limit passes without the Decree being issued or returned, the Decision or Decree is considered legally operative and must be promulgated. Article 57  [Presidential Veto]The President of the Republic, after consultation with the Council of Ministers, has the right to request the reconsideration of a law once during the period prescribed for its promulgation.  This request may not be refused.  When the President exercises this right, he is not required to promulgatethis law until it has been reconsidered and approved by an absolute majority of all the members legally composing the Chamber.  If the time limits pass without the law being issued or returned, the law is considered legally operative and must be promulgated. Article 58  [Urgent Bills]Every Bill the Council of Ministers deems urgent and in which this urgency is indicated in the decree of transmission to the Chamber of Deputies may be issued by the President within forty days following its communication to the Chamber, after including it on the agenda of a general meeting, reading it aloud before the Chamber, and after the expiration of the time limit without the Chamber acting on it. Article 59  [Adjourning the Chamber]The President of the Republic may adjourn the Chamber for a period not exceeding one month, but he may not do so twice during the same session. Article 60  [Responsibility]

(1) While performing his functions, the President of the Republic may not be held responsible except when he violates the constitution or in the case of high treason.(2) However, his responsibility in respect of ordinary crimes is subject to the ordinary laws.  For such crimes, as well as for violation of the constitution and for high treason, he may not be impeached except by a majority of two thirds of the total membership of the Chamber of Deputies.  He is to be tried by the Supreme Council provided for in Article 80.  The functions of Public Prosecutor of the Supreme Council are performed by a judge appointed by the Supreme Council in plenary session. Article 61  [Suspension after Impeachement]Should the President of the Republic be impeached, he is suspended from his functions.  The presidency remains vacant until the Supreme Council has settled the matter. Article 62  [Vacancy]Should the Presidency become vacant for any reason whatsoever, the Council of Ministers exercises the powers of the President by delegation. Article 63  [Remuneration]The remuneration of the President of the Republic is determined by a law.  It may not be increased or reduced during his term of office. [Section] 2.  The Prime Minister Article 64  [Responsibility and Powers]The Prime Minister is the Head of Government and its representative.  He speaks in its name and is responsible for executing the general policy that is set by the Council of Ministers.  He exercises the following powers:1. He heads the Council of Ministers and is ex  officio Deputy Head of the Supreme Defense Council.2. He conducts the parliamentary consultations involved in forming a Cabinet.  He signs, with the President, the Decree forming the Cabinet.  The Cabinet must present its general statement or policy to the Chamber and gain its confidence within thirty days of the date of issuance of the Decree in which the Cabinet was formed.  The Cabinet does not exercise its powers before it gains the Chamber's confidence nor after it has resigned or is considered resigned, except in the narrow senseof managing affairs.3. He presents the Government's general policy statements before the Chamber of Deputies.4. He signs, along with the President, all decrees, except the Decree which designates him the head of the Government, and the Decree accepting the Cabinet's resignation or considering it resigned.5. He signs the Decree calling for an extraordinary parliamentary session, decrees issuing laws, and requests for reviewing laws.6. He calls the Council of Ministers into session and sets its agenda, and he informs the President and the Ministers beforehand of the subjects included on the agenda and of the urgent subjects that will be discussed.7. He supervises the activities of the public administrations and institutions, coordinates among the Ministers and provides general guidance to ensure the proper progress of affairs.

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8. He holds working meetings with the competent authorities in the Government in the presence of the concerned Minister. [Section] 3.  The Council of Ministers Article 65  [Powers]Executive authority is vested in the Council of Ministers.  It is the authority to which the armed forces are subject.  Among the powers that it exercises are the following:1. It sets the general policy of the Government in all fields, prepares Bills and organizational Decrees and makes the decisions necessary for implementing them.2. It watches over the execution of laws and regulations and supervises the activities of all the Government's branches including the civil, military, and security administrations and institutions without exception.3. It appoints Government employees and dismisses them and accepts their resignations according to the law.4. It dissolves the Chamber of Deputies upon the request of the President of the Republic if the Chamber of Deputies, for no compelling reasons, fails to meet during one of its regular periods and fails to meet throughout two successive extraordinary periods, each longer than one month, or if the Chamber returns an annual budget plan with the aim or paralyzing the Government.  This right cannot be exercised a second time if it is for the same reasons which led to the dissolution of the Chamber the first time.5. The Council of Ministers meets in a locale specifically set aside for it, and the President chairs its meetings when he attends.  The legal quorum for a Council meeting is a majority of two thirds of its members.  It makes its decisions by consensus.  If that is not possible, it makes its decisions by vote of the majority of attending members.  Basic national issues require the approval of two thirds of the members of the Council named in the Decree forming the Cabinet.  Basic national issues are considered the following:The amendment of the constitution, the declaration of a state of emergency and its termination, war and peace, general mobilization, international agreements and treaties, the annual government budget, comprehensive and longterm development projects, the appointment of Grade One government employees and their equivalents, the review of the administrative map, the dissolution of the Chamber of Deputies, electoral laws, nationality laws, personal status laws, and the dismissal of Ministers. Article 66  [Ministries, Responsibility]Only Lebanese who satisfy the conditions for deputization may assume ministerial posts.  The Ministers administer theGovernment's services and assume the responsibility of applying the laws and regulations, each one according to the affairs of his administration and what is specific to them.  Ministers are collectively responsible before the Chamber for the general policy of the Government and individually responsible for their personal actions. Article 67  [Ministers in Parliament]Ministers may attend the Chamber if they so desire, and they have the right to be heard whenever they request to speak.  They may be assisted by whomever they select from among the officials of their Departments. 

Article 68  [Vote of No-Confidence]When the Chamber, in accordance with Article 37, passes a vote of noconfidence in a Minister, that Minister is required to resign. Article 69  [Government Resignation](1) The Government is considered resigned in the following circumstances:a. if the Prime Minister resigns;b. if it loses more than a third of the members specified in the Decree forming it;c. if the Prime Minister dies;d. at the beginning of the term of the President of the Republic;e. at the beginning of the term of the Chamber of Deputies;f. when it loses the confidence of the Chamber of Deputies based on the Chamber's initiative or based on the Council's initiative to gain the Chamber's confidence.(2) Ministers are to be dismissed by a Decree signed by the President and the Prime Minister in accordance with Article 65 of the constitution.(3) When the Council resigns or is considered resigned, the Chamber of Deputies is automatically considered in extraordinary session until a new Council has been formed and has gained the Chamber's confidence. Article 70  [Impeachment](1) The Chamber of Deputies has the right to impeach the Prime Minister and Ministers for high treason or for serious neglect of their duties.  The Decision to impeach may not be taken except by a majority of two thirds of the total membership of the Chamber.(2) A special law is to be issued to determine the conditions of the civil responsibility of the Prime Minister and individual Ministers. Article 71  [Judicial Impeachment Proceedings]The impeached Prime Minister or Minister are tried by the Supreme Council. Article 72  [Consequences of Impeachment]A Prime Minister or Minister leaves office as soon as the Decision of impeachment concerning him is issued.  If he resigns, his resignation does not prevent judicial proceedings from being instituted or continued against him. [Part] C.  Procedural Provisions [Chapter] I.  Election of the President of the Republic Article 73  [Election of the President]One month at least and two months at most before the expiration of the term of office of the President of the Republic, the Chamber is summoned by its President to elect the newPresident of the Republic.  However, should it not be summoned for this purpose, the Chamber meets of its own accord on the tenth day preceding the expiration of the President's term of office. Article 74  [Vacancy of Presidency]Should the Presidency become vacant through the death or resignation of the President or for any other cause, the

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Chamber meets immediately and by virtue of the law to elect a successor.  If the Chamber happens to be dissolved at the time the vacancy occurs, the electoral bodies are convened without delay and, as soon as the elections have taken place, the Chamber meets by virtue of the law. Article 75The Chamber meeting to elect the President of the Republic is considered an electoral body and not a legislative assembly.  It must proceed immediately, without discussion or any other act, to elect the Head of the State. [Chapter] II.  Amending the Constitution Article 76  [Proposal]The constitution may be revised upon the proposal of the President of the Republic.  In such a case the Government submits a draft law to the Chamber of Deputies. Article 77  [Request]The constitution may also be revised upon the request of the Chamber of Deputies.  In this case the following procedures are to be observed:During an ordinary session and at the request of at least ten of its members, the Chamber of Deputies may recommend, by a majority of two thirds of the total members lawfully composing the Chamber, the revision of the constitution.However, the articles and the questions referred to in the recommendation must be clearly defined and specified.  The President of the Chamber then transmits the recommendation to the Government requesting it to prepare a draft law relating thereto.  If the Government approves the recommendation of the Chamber by a majority of two thirds, it must prepare the draft amendment and submit it to the Chamber within four months; it it does not agree, it shall return the Decision to the Chamber for reconsideration.  If the Chamber insists upon the necessity of the amendment by a majority of three fourths of the total members lawfully composing the Chamber, the President of the Republic has then either to accede to the Chamber's recommendation or to ask the Council of Ministers to dissolve the Chamber and to hold new elections within three months.  If the new Chamber insists on the necessity of amending the constitution, the Government must yield and submit the draft amendment within four months. Article 78  [Priority]When a draft law dealing with a constitutional amendment is submitted to the Chamber, it must confine itself to its discussion before any other work until a final vote is taken.  It may discuss and vote only on articles and questions clearly enumerated and defined in the draft submitted to it. Article 79  [Majority, Promulgation](1) When a draft law dealing with a constitutional amendment is submitted to the Chamber, it cannot discuss it or vote upon it except when a majority of two thirds of the members lawfully composing the Chamber are present.  Voting is by the same majority.(2) The President of the Republic is required to promulgate the law of the constitutional amendment under the same conditions and in the same form as ordinary laws. He has the right, within the period established for the promulgation, to

ask the Chamber to reconsider the draft, after consultation with the council of Ministers, in which case the vote is by a majority of two thirds. [Part] D.  Miscellaneous Provisions [Chapter] I.  The Supreme Council Article 80  [Function, Composition, Organizational Law]The Supreme Council, whose function is to try Presidents and Ministers, consists of seven deputies elected by the Chamber of Deputies and of eight of the highest Lebanese judges, according to their rank in the judicial hierarchy, or, in case of equal ranks, in the order of seniority.  They meet under the presidency of the judge of the highest rank.  The Decisions of condemnation by the Supreme Council is rendered by a majority of ten votes.  A special law is to be issued to determine the procedure to be followed by this Council. [Chapter] II.  Finances Article 81  [Integral Tax Law]No public taxes may be imposed and no new taxes established or collected in the Lebanese Republic except by a comprehensive law which applies to the entire Lebanese territory without exception. Article 82  [Rule of Law]No tax may be modified or abolished except by virtue of law. Article 83  [Yearly Budget]Each year at the beginning of the October session, the Government has to submit to the Chamber of Deputies the general budget estimates of state expenditures and revenues for the following year.  The budget is voted upon article by article. Article 84  [Budget Discussion]During the discussion of the budget and draft laws involving the opening of supplementary or extraordinary credits, the Chamber may not increase the credits proposed in the budget or in the draft laws mentioned above either by way of amendment Or by means of a proposal.  The Chamber may, however, adopt, by way of proposal, laws involving further expenditures afterthe close of this discussion. Article 85  [Extraordinary Credit]No extraordinary credit may be opened except by a special law.  Nevertheless, should unforseen circumstances render urgent expenditures necessary, the President of the Republic may issue a Decree, based on a Decision of the Council or Ministers, to open extraordinary or supplementary credits or transfer appropriations in the budget as long as these credits do not exceed a maximum limit specified in the budget law.  These measures are to be submitted to the Chamber for approval at the first ensuing session. Article 86  [Provisional Budget]If the Chamber of Deputies has not given a final decision on the budget estimates before the expiration of the session devoted to the examination of the budget, the President of the

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Republic, in coordination with the Prime Minister, immediately convenes the Chamber for an extraordinary session which lasts until the end of January in order to continue the discussion of the budget; if,at the end of this extraordinary session, the budget estimates have not been finally settled, the Council of Ministers may take a decision on the basis of which a decree is issued by the President giving effect to the above estimates in the form in which they were submitted to the Chamber.  However, the Council of Ministers may not exercise this right unless the budget estimates were submitted to the Chamber at least fifteen days before the commencement of its session.  Nevertheless, during the said extraordinary session, taxes, charges, duties, imposts, and other kinds of revenues continue to be collected as before.  The budget of the previous year is adopted as a basis.  To this must be added the permanent credits which have been dropped, and the Government fixes the expenditures for the month of January on the basis of the 'provisional twelfth.' Article 87  [Final Financial Accounts, Auditing Bureau]The final financial accounts of the administration for each year must be submitted to the Chamber for approval before the promulgation of the budget of the year following.  A special law is to be issued for the setting up of an Auditing Bureau. Article 88  [Public Loan]No public loan or undertaking involving an expenditure from the treasury funds may be contracted except by virtue of a law. Article 89  [Contracts, Concessions, Resources, Monpolies]No contract or concession for the exploitation of the natural resources of the country, or a public utility service, or a monopoly may be granted except by virtue of a law and for a limited period. [Part] E.  Provisions Relating to the Mandatory Power and the Leage of Nations Article 90  [...]{Abolished in 1943} Article 91  [...]{Abolished in 1943} Article 92  [...]{Abolished in 1943} Article 93  [...]{Abolished in 1947} Article 94  [...]{Abolished in 1943} [Part] F.  On the Abolition of Political Confessionalism Article 95  [National Committee](1) The first Chamber or Deputies which is elected on the basis of equality between Muslims and Christians takes the appropriate measures to realize the abolition of political confessionalism according to a transitional plan.  A National Committee is to be formed, headed by the President of the Republic, including, in addition to the President of the

Chamber of Deputies and the Prime Minister, leading political, intellectual, and social figures.(2) The tasks of this Committee are to study and propose the means to ensure the abolition of confessionalism, propose them to the Chamber of Deputies and the Ministers, and supervise the execution of the transitional plan.(3) During the transitional phase:a. The confessional groups are to be represented in a just and equitable fashion in the formation of the Cabinet.b. The principle of confessional representation in public servicejobs, in the judiciary, in the military and security institutions, and in public and mixed agencies are to be cancelled in accordance with the requirements of national reconciliation; they shall be replaced by the principle of expertise and competence.  However, Grade One posts and their equivalents are exempt from this rule, and the posts must be distributed equally between Christians and Muslims without reserving any particular job for any confessional group but rather applying the principles of expertise and competence. [Part] G.  Provisions Relating to the Election and Functions of the Senate Article 96  [...]{Abolished in 1947} Article 97  [...]{Abolished in 1947} Article 98  [...]{Abolished in 1947} Article 99  [...]{Abolished in 1947} Article 100  [...]{Abolished in 1947} [Part] H.  Additional Provisions Article 101  [Greater Lebanon, The Lebanese Republic]Beginning 1 Sep 1929, the state of 'Greater Lebanon' is to be known as 'The Lebanese Republic' without any other change or modification. Article 102  [Abrogation of Old Laws]All legislative provisions contrary to the present constitution are abrogated.

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Libya - Constitution

{ Adopted on: 11 Dec 1969 }{ ICL Document Status: 1992 }

 PreambleThe Revolutionary Command Council, in the name of the Arab people in Libya , who pledged to restore their freedom, enjoy the wealth of their land, live in a society in which every loyal citizen has the right to prosperity and well-being, who are determined to break the restraints which impede their growth and their development, who will stand with their brothers from all parts of the Arab Nation in the struggle for the restoration of every inch of Arab land desecrated by imperialism and for the elimination of all obstacles which prevent Arab unity from the Gulf to the Ocean.In the name of the Libyan people who believe that peace cannot be achieved without justice, who are conscious of the importance of strengthening the ties which unite them with all the people of the world who are struggling against imperialism; who understand fully that the alliance of reaction and imperialism is responsible for their underdevelopment despite the abundance of their natural resources, and for the corruption which spread through the governmental apparatus; who are conscious of their responsibility in the establishment of a national, democratic, progressive, and unitary government.In the name of the popular will, expressed on September 1 by the Armed Forces who overthrew the monarchical regime and proclaimed the Libyan Arab Republic in order to protect and strengthen the Revolution until it attains its objectives of freedom, socialism, and unity.The present Constitutional Proclamation is made to provide a basis for the organization of the state during the phase of completion of the national and democratic revolution, until a permanent constitution is prepared, defining the objectives of the Revolution and outlining the future course. Chapter I  The State Article 1  [Principles]Libya is an Arab, democratic, and free republic in which sovereignty is vested in the people.  The Libyan people are part of the Arab nation.  Their goal is total Arab unity.  The Libyan territory is a part of Africa.  The name of the country is the Libyan Arab Republic. Article 2  [State Religion, Language]Islam is the religion of the State and Arabic is its official Language.  The state protects religious freedom in accordance with established customs. Article 3  [Solidarity, Family]Social solidarity constitutes the foundation of national unity.  The family, based on religion, morality, and patriotism, is the foundation of society. 

Article 4  [Work]Work in the Libyan Arab Republic is a right, a duty, and an honor for eery able-bodied citizen.  Public functions are the duty of those who are put in charge of them.  The goal of the state employees in discharging their duties is to serve the people. Article 5  [Equality]All citizens are equal before the law. Article 6  [Socialism]The aim of the state is the realization of socialism through the application of social justice which forbids any form of exploitation.  The state endeavors, through the edification of a socialist community, to achieve self-sufficiency in production and equity in distribution.  Its aim is to eliminate peacefully the disparities between social classes and to attain a society of prosperity.  Its inspiration is its Arabic and Islamic heritage, humanitarian values and the specific conditions of the Libyan society. Article 7  [Economy]The state will endeavor to liberate the national economy from dependence and foreign influence, and to turn it into a productive national economy, based on public ownership by the Libyan people and on private ownership by individual citizens. Article 8  [Property]Public ownership is the basis of the development of society, of its growth and of self-sufficiency in production.  Private ownership, if it is non-exploitative, is protected.   Expropriation will take place only in accordance with the law.  Inheritance is a right which will be governed by the Islamic Shari'a. Article 9  [Planning]The state will institute a system of national planning covering economic, social, and cultural aspects.  Cooperation between the private and public sectors will be necessary for the achievement of the goals of economic development. Article 10  [No Titles]The creation of honorary titles and civilian ranks is prohibited.  All titles granted to the members of the former dynasty and to followers are abolished. Article 11  [Asylum]The extradition of political refugees is prohibited. Article 12  [Home]The home is inviolable and shall not be entered or searched except under the circumstances and conditions defined by the law. Article 13  [Expression]Freedom of Opinion is guaranteed within the limits of public interest and the principles of the Revolution. Article 14  [Education]

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Education is a right and a duty for all Libyans.  It is compulsory until the end of the primary school.  The State guarantees this right through the establishment of schools, institutes, and universities, and of pedagogical and cultural institutions in which education is free.  The creation of private schools will also be regulated by law.  The State is particularly anxious to enhance the physical, intellectual, and moral development of the youth. Article 15  [Health]Health care is a right guaranteed by the State through the creation of hospitals and health establishments in accordance with the law. Article 16  [Defense]Defense of the homeland is a sacred duty.  Military service

is an honor for the Libyan people. Article 17  [Taxation]No tax will be imposed, modified, or cancelled and no one will be exempted from paying taxes except in accordance with the law. Chapter II  System of Government Article 18  [Revolutionary Command Council]The Revolutionary Command Council constitutes the supreme authority in the Libyan Arab Republic.  It will exercise the powers attached to national sovereignty, promulgate laws and decrees, decide in the name of the people the general policy of the State, and make all decisions it deems necessary for the protection of the Revolution and the regime. Article 19  [President, Council of Ministers](1) The Revolutionary Command Council appoints the President and the Council of Ministers.  It may appoint deputies for the Prime Minister and Ministers without portfolio.  It may discharge the Premier and Ministers and accept their resignation.  But the resignation of the Premier carries with it the resignation of all Ministers.(2) The Council of Ministers insures the execution of the general policy of the State in accordance with the decisions of the Revolutionary Command Council.(3) The Council of Ministers is collectively responsible before the Revolutionary Command Council.  Each Minister is responsible for his department before the Prime Minister. Article 20  [Promulgation]The Council of Ministers shall study and prepare all projects of law within the framework of the general policy outlined by the Revolutionary Command Council.  It will then forward the proposed texts to the Revolutionary Command Council for consideration and promulgation. Article 21  [Budget]Matters relative to the general budget of the State are instituted by law and those concerning the final accounts are subject to ratification by the Revolutionary Command Council. Article 22  [Joint Meetings]

The Revolutionary Command Council may, at the request of its President or two of its members, hold a joint meeting with the Council of Ministers. Article 23  [War]The Revolutionary Command Council shall declare war, conclude and ratify treaties and agreements, unless it authorizes the Council of Ministers to do so. Article 24  [Martial Law]The Revolutionary Command Council shall make decisions concerning martial law or the state of emergency whenever there is a threat to the internal or external security of the State and whenever the Revolutionary Command Council deems it necessary for the protection and defense of the Revolution. Article 25  [Emergency]The Revolutionary Command Council shall make decisions concerning martial law or the state of emergency whenever there is a threat to the internal or external security of the State and whenever the Revolutionary Command Council deems itnecessary for the protection and defense of the Revolution. Article 26  [Armed Forces]The State alone is empowered to establish the Armed Forces who shall protect the people and insure the security of the country, its republican system, and national unity. Article 27  [Judiciary]The aim of judicial decisions shall be the protection of the principles of the community and the rights, dignity, and freedom of individuals. Article 28  [Judges]Judges shall be independent.  In the exercise of their functions, they shall be free from any authority except that of the law and their conscience. Article 29  [Verdicts]Verdicts are pronounced and executed in the name of the people. Article 30  [Recourse]Everyone has the right to resort to the Courts in accordance with the law. Article 31  [Criminal Justice](a) Crime and penalty are only determined by law.(b) The penalty is personal.(c) The defendant shall be presumed innocent until proven guilty.  All necessary guarantees for the exercise of his defense shall be provided.  The accused or imprisoned shall not be subjected to mental or physical harm. Chapter III  Miscellaneous and Transitory Provisions Article 33  [Old Constitution]The Constitution of 7 Oct 1951, its amendments, and all related consequences are annulled. Article 34  [Old Law]

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All existing provisions of laws, decrees, and regulations which are not in conflict with the provisions set forth in this constitutional proclamation remain in effect.  References to the King and Parliament in these laws shall be regarded as references to the Revolutionary Command Council and reference to the kingdom shall be regarded as reference to the Republic. Article 35  [New Laws]Decisions, statements, and orders issued by the Revolutionary Command Council since Sep 1969 and before the issue of this constitutional proclamation shall have the power of law and supersede all contrary provisions.  They can be annulled or amended only in accordance with the procedure defined in the present constitutional proclamation. Article 36  [Promulgation]New laws shall be published in the Official Journal and they shall be in effect at the date of publication unless it is otherwise stated. Article 37  [Permanent Constitution](1) The present constitutional proclamation shall be in effect until a permanent constitution is issued.  It will be amended by the Revolutionary Command Council only in case of necessity and in the interest of the Revolution.(2) This Proclamation is to be published in the Official Journal.

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Morocco - Constitution

{ ICL Document Status: 1992 }

 PreambleThe Kingdom of Morocco , a Muslim Sovereign State whose official language is Arabic, constitutes a part of the Great Arab Maghreb.As an African State, one of its constituted objectives is the realization of African unity.Aware of the necessity of setting its action within the context of the international organizations of which it is an active and energetic member, the Kingdom of Morocco subscribes to the principles, rights, and obligations resulting from the charters of the aforesaid organizations and reaffirms its attachment to the Human Rights as they are universally recognized.The Kingdom of Morocco also reaffirms its determination to work for the maintenance of peace and security in the world. Title I  Basic Principles Article 1  [Monarchy]Morocco is a constitutional, democratic, and social Monarchy. Article 2  [Sovereignty]Sovereignty belongs to the Nation which exercises it directly by means of referendum and indirectly through its constitutional institutions. Article 3  [Organizations, Party Pluralism](1) Political parties, trade unions, local councils, and professional chambers participate in the organization of the State and in the representation of the citizens.(2) There can be no single party. Article 4  [Binding Law]Law is the supreme expression of the Nation's will.  All must submit to it.  Law can have no retroactive effect. Article 5  [Equality]All Moroccans are equal before law. Article 6  [State Religion]Islam is the religion of the State which guarantees to all freedom of worship. Article 7  [Emblem, Motto]The Kingdom's emblem is a red nag stamped with a five-pointed green star in the middle.  The Kingdom's motto is: "God, The Homeland, The King". Article 8  [Electoral Equality, Women's Suffrage](1) Men and Women enjoy equal political rights .(2) All citizens of age of both sexes are electors, provided they enjoy their civil and political rights. Article 9  [Citizen's Rights]

(1) The Constitution guarantees to all citizens:1) Freedom of movement and freedom to settle in any part of the Kingdom;2) Freedom of opinion, freedom of expression under all its forms, and freedom to assemble;3) Freedom to organize and freedom to join any trade union or political organization of their own choice.(2) No restrictions can be imposed on such freedoms other than by law. Article 10  [Personal Lilberty, Home](1) No one can be arrested, detained, or punished except in the cases and forms provided by lsw.(2) The home is inviolable.  There can be no searches or inspections except under the conditions and the forms provided by law. Article 11  [Secrecy of Correspondence]Correspondence is secret. Article 12  [Public Office]All citizens have access, under equal conditions, to public functions and public employment. Article 13  [Education, Work]All citizens have equal rights to education and to work. Article 14  [Strike]

(1) The right to strike is guaranteed.(2) An organic law determines the conditions and forms of exercising this right. Article 15  [Property, Expropriation](1) The right to own property is guaranteed.(2) Its extent and use may be restricted by law if the needs of economic and social planning and development require it.(3) No expropriation can take place except in the cases and forms provided by law. Article 16  [Duty to Defense]All citizens contribute to the common defense of the homeland. Article 17  [Duty to Pay Taxes]All contribute, in proportion to their economic capacities, to the public expenditures which only the law can institute and distribute in the forms provided for in the present Constitution. Article 18  [Duty to Bear Cost of National Calamities]All citizens collectively bear the costs resulting from national calamities. Title II  The Kingship Article 19  [The King](1) The King, Commander of the Faithful, Supreme Representative of the nation, Symbol of its unity and guarantor of the permanence and continuity of the State, ensures the observance of Islam and the Constitution.  He is

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the protector of the rights and liberties of the citizen, social groups, and collectivities.(2) He guarantees the independence of the Nation and the territorial integrity of the Kingdom within its authentic borders. Article 20  [Hereditary Monarchy]The Crown of Morocco and its constitutional rights are hereditary and transmitted from father to son to the male lineal descendants of His Majesty The King Hassan II, unless the King, during his lifetime, designates among his sons a successor other than his eldest son.  If there are no male lineal descendants, the Throne passes to the closest collateral male descendants under the same conditions. Article 21  [Regency Council](1) The King is under age until he has turned sixteen.  During the minority of the King, all powers and constitutional rights of the Throne are exercised by a Regency Council, save those concerning the revision of the Constitution.  The Regency Council functions as an advisory body to the King until he has turned twenty.(2) The Regency Council is headed by the First President of the Supreme Court.  It is composed, furthermore, of the President of the Chamber of Representatives, President of the Regional Council of the Ulemas of Rabat and Sale, and ten personalities appointed by the King personally.(3) The rules of the functioning of the Council are provided for by an organic law. Article 22  [Civil List]The King has a civil list. Article 23  [Inviolability of the King]The King's person is inviolable and sacred. Article 24  [Appointment of Government](1) The King appoints the Prime Minister.(2) On proposal of the Prime Minister, he appoints the other members of the Government .(3) He terminates their tenure either on His own initiative or by the fact of the resignation of the Government. Article 25  [Council of Ministers]The King presides over the Council of Ministers. Article 26  [Promulgation of Laws]The King promulgates the law within 30 days following the transmission of the approved law to Government. Article 27  [Dissolution of Parliament]The King can dissolve the Chamber of Representatives by decree under the conditions specified in Articles 70 and 72 of Title V. Article 28  [King's Addresses]The King can address the Chamber of Representatives and the Nation.  The content of the addresses cannot be the object of any debate. Article 29  [Decrees, Countersignature]

(1) The King exercises by decree the powers expressly reserved to him by the Constitution.(2) The decrees are countersigned by the Prime Minister, save those specified in Articles 21   (2) , 24, 35, 68, 70, 77, 82, 89 and 99. Article 30  [Commander-in-Chief](1) The King is the Supreme Commander of the Royal Armed Forces .(2) He appoints civil and military personnel and can delegate this right. Article 31  [Diplomacy, Treaties](1) The King accredits ambassadors to foreign powers and international organizations.  Ambassadors or representatives of international organizations are accredited to Him.(2) He signs and ratifies treaties.  However, treaties relating to the State finances cannot be ratified without prior approval of the Chamber of Representatives.(3) Treaties inconsistent with the provisions of the Constitutionare approved in accordance with the procedures necessary for the revision of the Constitution. Article 32  [Presidency Over Councils]The King presides over the Higher Magistracy Council, the Higher Education Council, and the Higher Council for National Promotion. Article 33  [Appointment of Judges]The King appoints judges under the conditions provided in Article 82. Article 34  [Right of Pardon]The King exercises the right of pardon. Article 35  [State of Emergency](1) When the integrity of the national territory is threatened, or when events occur which may impair the functioning of the Constitutional Institutions, the King can, after having consulted the Speaker of the Chamber of Representatives and the Chairman of the Constitutional Council and having addressed a message to the Nation, declare, by decree, the state of emergency.(2) He is, by this fact, entitled to take any contrary provisions, not withstanding the measures necessary for the defense of the territorial integrity, the reinstatement of the functioning of the constitutional institutions and the normal conduct of state affairs.(3) The state of emergency does not entail the dissolution of the Chamber of Representatives.(4) The state of emergency is terminated in the same forms as its proclamation. Title III  Chamber of Representatives Article 36  [Responsibility]The members of the Chamber of Representatives owe their mandate to the Nation.  Their voting right is personal and cannot be delegated.Artide 37  [Relative Indemnity, Immunity]

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(1) No member of the Chamber of Representatives can be prosecuted or pursued, arrested, detained, or tried for opinions or votes expressed in the discharge of his duties, except when he expresses opinions questioning the monarchical system, the Muslim religion, or lacking the respect due to the King.(2) During the sessions, no member of the Chamber of Representatives can be prosecuted or arrested for crimes or misdemeanors other than those mentioned in the preceding paragraph, without the permission of the Chamber of Representatives, except in case of flagrante delicto.(3) No member of the Chamber of Representatives can be placed under arrest, during the recess, without the authorization of the Office of the Chamber, except in case of flagrante delicto.(4) Detention or prosecution of a member of the Chamber of Representatives is suspended upon request from the same, except in case of flagrante delicto and in authorized prosecutions or definitive condemnation. Article 38  [Sessions](1) The Chamber of Representatives holds two sessions a year.  The King presides over the opening of the first session which commences on the second Friday in October.  The second session shall commence on the second Friday in April.(2) When the Chamber of Representatives has been sitting,during each session, for at least two months, adjournment can be pronounced by decree. Article 39  [Extraordinary Sessions](1) The Chamber of Representatives may be convened in a special session, either upon request from the absolute majority of its members or by decree.(2) The extraordinary sessions are held on the basis of a well defined agenda.  When the same has been exhausted, the session is closed by decree. Article 40  [Ministers in Parliament, Commissions of Inquiry](1) Ministers have access to the Chamber of Representatives and to its Committees; they can be assisted by commissioners designated by them.(2) Besides the standing Committees referred to in the previous paragraph, Commissions of Inquiry can be established, within the Chamber of Representatives, on the King's initiative or at the request of the majority of the Chamber of Representatives, to collect elements of information about determined facts and submit their findings to the Chamber of Representatives.  No Commission of Inquiry can be created when the facts have given rise to a judicial prosecution and as long as prosecutions are under way.  When a Commission has already been set up, its task ends as soon as a judicial investigation is opened concerning the facts which caused its creation.(3) Commissions of Inquiry have a temporary nature.  Their task end with the submission of their report.(4) An organic law determines the modalities of the functioning of these Commissions. Article 41  [Publicity]The sessions of the Chamber of Representatives are public.  The minutes of the debates are published in the official

gazette.  The Chamber may hold closed committee sessions at the request of the Prime Minister or one third of its members. Article 42  [Rules of Proceedings]The Chamber of Representatives establishes and votes on the rules of its proceedings.  These, however, are not in force until they are declared by the Constitutional Council consistent with the provisions of the present Constitution. Article 43  [Elections, Term](1) Members of the Chamber of Representatives are elected for a six-year term.  They bear the name of Representatives.  The Chamber of Representatives is composed proportionately, of two-thirds of members elected through direct universal suffrage and of one-third of members elected by an electoral college composed of local councilors as well as members elected by electoral colleges composed of elected members of the professional chambers and representatives of the wage-earners.(2) The number of representatives and that of representatives to be elected by each one of the electoral colleges, the mode of election, the requisite conditions for being eligible, and the incompatibility regulations are specified by an organic law.(3) The President and the presiding officers of the Chamber of Representatives are elected at the beginning of the October session.  The President is elected for a three-year term, the other members of the bureau are elected for a one-tear term.  The bureau is elected by proportional representation of the groups. Article 44  [Laws]The law is voted on by the Chamber of Representatives.  The same may authorize the Government, for a limited period anddetermined objective, to take measures that are normally in the legislative domain.  Decrees come into force as soon as they are published; however, they have to be referred to the Chamber of Representatives for ratification on the expiry date determined by habilitation law.  The habilitation law becomes inoperative if the Chamber of Representatives is dissolved. Article 45In addition to those matters expressly devolving on it by virtue of other provisions in the Constitution, the following fall within the legislative domain;Individual or collective rights enumerated in Title One of the present Constitution;The determination of misdemeanors and their punishment, penal procedure, civil procedure, and the establishment of new categories of jurisdiction;The Statute of the Judiciary;The General Statute of the Civil Service;The fundamental guarantees granted to civil and military personnel;The electoral system of the assemblies and the local councils;The system of civil and commercial liabilities;The creation of public establishments;The nationalization of enterprises and the transfer of enterprises from the public sector to the private sector;The Chamber of Representatives is entitled to approve outline laws relating to the essential objectives of the economic, social, and culture action of the State. 

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Article 46  [Other Matters]All other matters which do not fall within the province of the legislative domain belong to the regulatory domain. Article 47  [Decree]Texts drawn up in a legislative form concerning matters falling within the domain of the regulatory power, may be modified by decree upon approval by the Constitutional Council. Article 48  [State of Siege]The state of siege can be proclaimed, by decree, for a period of thirty days.  The thirty day time limit can only be extended by law. Article 49  [Budget](1) The Chamber of Representatives approves the Budget bill in accordance with the provisions of an organic law.(2) Investment expenditures resulting from the plan implementation are passed only once, when the Chamber of Representatives approves the plan.  They are automatically renewed for the duration of the plan.(3) The Government alone is empowered to introduce bills aiming at modifying the already adopted program.(4) If, by the 31st of December, the Budget has not been approved, the Government opens by decree the credits necessary for the work of public services and for the fulfillment of their mission, on the basis of the proposals introduced for approval.(5) In this case, revenues continue to be raised in conformity with the legislative provisions and the executive regulations in force, with the exception, however, of the revenues whose suppression is proposed in the Budget Bill.  As to those for which the aforesaid Bill proposes a reduction, they are levied according to the new proposed rate. Article 50Proposals and amendments introduced by members of theChamber of Representatives are not admissible if, when approved, they would, as far as the Budget is concerned, entail either a diminution of public revenues or increase of public expense. Article 51  [Initiative](1) The legislative initiative belongs concurrently to the Prime Minister and the members of the Chamber of Representatives.(2) Legislative proposals are submitted to the Bureau of the Chamber of Representatives. Article 52  [Government Protest](1) The Government can express objection to any proposal or amendment which is not within the legislative domain.(2) In case of disagreement, the Constitutional Council decides within eight days upon request by the Chamber or the Government. Article 53  [Committee Referral]Proposals for legislative action introduced are referred for consideration to the Committees which carry on their activities between sessions. Article 54  [Decree-Laws]

In the recess, the Government may issue decree-laws in accord with the concerned Committees, to be referred for approval to the Chamber of Representatives during its following regular session. Article 55  [Order of Business](1) The order of business of the Chamber of Representatives is established by its Bureau.  It comprises, with priority and in the order established by the Government, floor consideration of the legislative proposals introduced by the Government and those accepted by it.(2) One meeting a week is reserved, with priority, to the questions of the members of the Chamber of Representatives and answers of the Government.(3) The Government's answer are made within twenty days following the date on which the question was submitted to the Government. Article 56  [Amending Bills](1) The Members of the Chamber of Representatives and the Government have the right to introduce amendments.  After the opening of the debate, the Government can object to the consideration of any amendment which has not been previously submitted to the relevant Committee.(2) If the Government so demands, the Chamber of Representatives decides, by a single vote, on the whole or part of the bill under discussion, keeping solely the amendments proposed or accepted by it. Article 57  [Organic Laws](1) Organic laws are approved and modified under the following conditions: the legislative proposals introduced either by the Government or the Chamber are not submitted to the Chamber of Representatives for consideration and vote until a time-limit of ten days has expired from the date of their introduction.(2) Organic laws cannot be promulgated until they have been referred for approval to the Constitutional Council. Title IV  The Government Article 58  [Composition]The Government is composed of the Prime Minister and the ministers. Article 59  [Responsibility](1) The Government is responsible to the King and to the Chamber of Representatives.(2) After the nomination of the members of the Government by the King, the Prime Minister appears before the Chamber of Representatives, and presents the program he intends to implement.  This program must sketch the guidelines of action which the Government intends to take in various sectors of national activity, and particularly in the areas of economic, social, cultural, and foreign policy.(3) This program is the object of a debate followed with a vote under the conditions and with the effects provided in Article 74   (2) and   (3) . Article 60  [Execution, Supervision]

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Under the responsibility of the Prime Minister, the Government assures the execution of the laws and supervises the administration. Article 61  [Initiative]The Prime Minister initiates the laws.  No bill can be presented by him to the Bureau of the Chamber of Representatives unless it has been considered in the Council of Ministers. Article 62  [Executive Power](1) The executive power is exercised by the Prime Minister.(2) The regulatory acts of the Prime Minister are countersigned by the ministers in charge of their execution. Article 63  [Ministerial Powers]The Prime Minister can delegate some of his powers to the ministers. Article 64  [Coordination]The Prime Minister assumes responsibility for the coordination of the ministerial activities. Article 65  [Council of Ministers Issues]The following matters are referred to the Council of Ministers prior to any decision:questions concerning the general policy of the State;the declaration of a state of siege;the declaration of war;the assumption of responsibility of the Government before the Chamber of Representatives;legislative proposals before their introduction in the Bureau of the Chamber of Representatives;regulatory decrees;the decrees referred to in Articles 38, 39, 44 and 54;the plan draft;drafts for revision of the Constitution. Title V  Relations Between the Powers Article 66  [Demand for a New Reading]The King can demand of the Chamber of Representatives to proceed with a new reading of any bill or legislative proposal. Article 67  [Message]The demand for a new reading is introduced in the form of a message.  This new reading cannot be refused. Article 68  [Proposal by Decree]The King can, after a new reading, submit by decree, any project or the legislative proposals, except in the case when the text of the project or the legislative proposals submitted to a new reading has been adopted or rejected by a two-thirds majority of the members which constitute the Chamber of Representatives. Article 69  [Referendum]The results of the referendum apply to all. Article 70  [Dissolution]

The King can, after having consulted with the President of the Constitutional Council and addressed a message to the Nation, dissolve, by decree, the Chamber of Representatives. Article 71  [Re-Election](1) The election of a new Chamber of Representatives takes place three months, at the latest, after the dissolution.(2) The King exercises, in the meantime and in order to fill the vacancy, in addition to the powers vested in him by the present Constitution, those of the Chamber of Representatives. Article 72  [Repeated Dissolution]When the Chamber of Representatives has been dissolved, the succeeding one cannot be dissolved until a year after its election. Article 73  [Notification of War]The declaration of war is made after the Chamber of Representatives has been notified. Article 74  [Vote of Confidence](1) The Prime Minister may assume the responsibility of the Government before the Chamber of Representatives, upon a declaration of general policy or the vote on a text.(2) Confidence cannot be denied or a test rejected except on the basis of an absolute majority vote of the Chamber of Representatives.(3) Voting can only take place after three clear days after the question of confidence has been made.(4) Refusal of a confidence vote entails the collective resignation of the Government. Article 75  [Motion of Censure](1) The Chamber of Representatives may question the responsibility of the Government by the veto on a motion of censure.  Such a motion is not admissible if it is signed by less than a quarter of the members composing the Chamber of Representatives.(2) The motion of censure is not approved by the Chamber of Representatives unless it has been approved by the absolute majority of the members composing it.  The voting can only take place three clear days after the introduction of the motion.(3) The passing of a motion of censure entails the collective resignation of the Government.(4) When the Government has been censured by the Chamber of Representatives, no motion of censure is admissible within a year. Title VI  The Constitutional Council Article 76  [Establishment]A Constitutional Council is established. Article 77  [Composition](1) It comprises:Four members nominated by the King for a period of six years;Four members nominated for the same period by the President of the Chamber of Representatives after consultation with the groups.

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(2) Besides the above-mentioned members, the King appoints for the same period the President of the Constitutional Council.(3) Each category of the members of the Constitutional Council is renewable by half every three years. Article 78  [Organizational Law](1) An organic law determines the rules of the organization and the functioning of the Constitutional Council, the procedure to be taken before it and, in particular, the time allowed for any arguments to be submitted.(2) It also determines the functions incompatible with those of the members of this council, the conditions for the first triennial renewal, as well as the forms of replacement of the impeached, resigning,  or deceased members. Article 79  [Constitutional Review](1) The Constitutional Council exercises the powers vested in it by virtue of the articles of the Constitution or the provisions of organic laws.  It also provides rulings on the regularity of the election of the members of the Chamber of Representatives and the referendum operations.(2) Furthermore, organic laws, before their promulgation, and the Rules of the Chamber of Representatives, prior to their implementation, must be referred to the Constitutional Council, which rules on their conformity with the Constitution.(3) For the same purposes, bills can be referred to the Constitutional Council by the King, the Prime Minister, the President of the Chamber of Representatives, or a quarter of the members who make up the latter.(4) In the cases stated at the previous paragraphs, the Constitutional Council must give a ruling within one month.  However, at the request of the Government, in case of urgency, this time-limit is reduced to eight days.(5) In these cases, the reference to the Constitutional Council suspends the time-limit for the promulgation.(6) An unconstitutional provision cannot be promulgated or applied.(7) The decisions of the Constitutional Council are non-appealable. They are enforced on public powers, and all administrative and jurisdictional authorities. Title VII  The Judiciary Article 80  [Independent Power]The judicial authority is independent of the legislative power and of the executive power. Article 81  [Sentences]Sentences are passed in the name of the King. Article 82  [Nomination]The magistrates are nominated by decree on the proposal of the Superior Council of the Magistracy. Article 83  [Irremovability]The magistrates are irremovable. Article 84  [Superior Council of the Magistracy]The Superior Council of the Magistracy is presided over by the King.  Furthermore, it is composed of:

The Minister of Justice, as vice-president;The first president of the Supreme Court;The King's Prosecutor General at the Supreme Court;Four representatives of the first degree jurisdictions magistrates elected from among themselves. Article 85  [Functions]The Superior Council of the Magistracy watches over the application of the guarantees granted to the magistrates concerning their advancement and discipline. Title VIII  The Supreme Court Article 86  [Liability of Government]The members of the government are liable to prosecution for crimes or misdemeanors committed in the discharge of their function. Article 87  [Impeachement]They can be impeached by the Chamber of Representatives and referred to the Supreme Court. Article 88  [Majority]The Chamber of Representatives acts by secret ballot with a two-thirds majority of the members composing it, with the exception of those members called upon to take part in the prosecution, preliminary examination, and judgment. Article 89  [Composition]The Supreme Court is composed of members elected from within the Chamber.  Its President is nominated by decree. Article 90  [Membership]An organic law specifies the number of the Supreme Court members, the modalities of their election, as well as the applicable procedure. Title IX  Economic and Sovial Council Article 91  [Establishment]An Economic and Social Council is established. Article 92  [Functions]The Economic and Social Council can be consulted by the Government and by the Chamber of Representatives on all questions of economic or social character.  It provides its opinion on the general trends of the national economy and formation. Article 93  [Organization]The composition, organization, powers, and methods of functioning of the Economic and Social Council are determined by an organic law. Title X  Local Units Article 94  [Local Units]The local units of the Kingdom are the regions, prefectures, provinces, and communes .  Any other local unit is established by law. Article 95  [Local Assemblies]

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They elect assemblies entrusted with managing democratically their affairs under the conditions determined by law. Article 96  [Local Governors]Within the prefectures and the provinces, the governorscoordinate the action of the administrations and watch over the application of the law. They also carry out the decisions of the prefectoral and provincial Assemblies. Title XI  Revision of the Constitution Article 97  [Initiative, Referendum](1) The initiative concerning the revision of the Constitution belongs to the King and the Chamber of Representatives.(2) The King can submit directly to a referendum the project of revision which he has initiated. Article 98  [Majority]The revision proposal introduced by one or several members of the Chamber of Representatives cannot be adopted unless it has been passed by a majority of two-thirds of the members composing the Chamber. Article 99  [Referendum](1) The projects and proposals of revision are put to referendum by decree.(2) The revision of the Constitution are definitive when adopted by referendum. Article 100  [Restrictions of Constitutional Amendment]The monarchic form of the State as well as the provisions relating to the Islamic religion cannot be the object of a constitutional revision. Title XII  Special Provisions Article 101  [Provisional Legislation]Until the installation of the Chamber of Representatives, provided in the present Constitution, the legislative measures necessary for putting into effect the constitutional institutions for the functioning of the public powers and for the conduct of the State affairs, are taken by His Majesty the King. Article 102  [Provisional Powers of Supreme Court]Until the establishment of the Constitutional Council, the powers vested in it by the Constitution are exercised by the Constitutional Chamber of the Supreme Court.

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Morocco 1996

Adopted 13 September 1996

See also: official French version

PREAMBLE

An Islamic and fully sovereign state whose official language is Arabic, the Kingdom of Morocco constitutes a part of the Great Arab Maghreb.

As an African state, it has, among its objectives, the realisation of African unity.

Aware of the need of incorporating its work within the frame of the international organisations of which it has become an active and dynamic member, the Kingdom of Morocco fully adheres to the principles, rights and obligations arising from the charters of such organisations, as it reaffirms its determination to abide by the universally recognised human rights.

Likewise, it reaffirms its determination to continue its steady endeavours towards the safeguard of peace and security in the world.

CHAPTER ONE

GENERAL PROVISIONS: BASIC PRINCIPLES

Article 1: Morocco shall have a democratic, social and constitutional Monarchy.

Article 2: Sovereignty shall be that of the People who shall exercise it directly, by means of referendum, or indirectly, through the constitutional institutions.

Article 3: Political parties, unions, district councils and trade chambers shall participate in the organisation and representation of the citizens. There shall be no one-party system.

Article 4: The law shall be the supreme expression of the will of the Nation. All shall abide by it. The law shall have no retroactive effect.

Article 5: All Moroccan citizens shall be equal before the law.

Article 6: Islam shall be the state religion. The state shall guarantee freedom of worship for all.

Article 7: The emblem of the Kingdom shall be a red flag with a five-pointed green star in the center. The motto of the Kingdom shall be: GOD, THE COUNTRY, THE KING.

Article 8: Men and women shall enjoy equal political rights. Any citizen of age enjoying his or her civil and political rights shall be eligible to vote.

Article 9: The constitution shall guarantee all citizens the following:

a. freedom of movement through, and of settlement in, all parts of the Kingdom;

b. freedom of opinion, of expression in all its forms, and of public gathering;

c. freedom of association, and the freedom to belong to any union or political group of their choice.

No limitation, except by law, shall be put to the exercise of such freedoms.

Article 10: No one shall be arrested, put into custody or penalised except under the circumstances and procedures prescribed by law. The home shall be inviolable. Search warrant shall be issued and investigation ordered under the conditions and procedures prescribed by law.

Article 11: Secrecy of personal correspondence shall be preserved.

Article 12: Opportunities for employment in public offices and positions shall be uniformly open to all citizens.

Article 13: All citizens shall have equal rights in seeking education and employment.

Article 14: The right of strike shall be guaranteed. Conditions and ways of exercising such a right shall be defined by an organic law.

Article 15: The right of private property and free enterprise shall be guaranteed. The law shall put limitations to its extent and use if so required by the socio-economic development planned for the Nation. No expropriation shall be ordered except under such circumstances and provisions as prescribed by law.

Article 16: All citizens shall contribute to the defence of the Country.

Article 17: All citizens shall, according to their contributory power, bear public costs which shall be enacted and allocated only by the law, and in the manner stipulated in the provisions of the present Constitution.

Article 18: All shall, in solidarity, bear the costs resulting from disasters suffered by the Nation.

CHAPTER TWO

MONARCHY

Article 19: The King, "Amir Al-Muminin"(Commander of the Faithful), shall be the Supreme Representative of the Nation and the Symbol of the unity thereof. He shall be the guarantor of the perpetuation and the continuity of the State. As Defender of the Faith, He shall ensure the respect for the Constitution. He shall be the Protector of the rights and liberties of the citizens, social groups and organisations. The King shall be the guarantor of the independence of the Nation and the territorial integrity of the Kingdom within all its rightfull boundaries.

Article 20: The Moroccan Crown and the constitutional rights thereof shall be heriditary and handed down, from father to son, to descendants in direct male line and by order of primogeniture among the offspring of His Majesty King Hassan II, unless the King should, during his lifetime, designate a successor among his sons apart from the eldest

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one. In case of failing descendants in direct male line, the right of succession to the Throne shall, under the same conditions, be invested in the closest male in the collateral consanguinity.

Article 21: The King shall be considered minor until he turns sixteen. During the King's phase of minority, a Regency Council shall assume the powers of the constitutional rights of the Crown, with the exception of those pertaining to the revision of the Constitution. The Regency Council shall serve as an advisory board to the King until he turns twenty. The Regency Council shall be presided over by the First President of the Supreme Court. It shall include, in addition to its Chairman, the President of the House of Representatives, the President of the House of Counsellors, the Chairman of the Rabat and Salé Ulama Council (of scholars), and ten dignitaries appointed with the King's own accord. Rules of procedure of the Regency Council shall be governed by an organic law.

Article 22: The King shall be entitled to a Civil List.

Article 23: The person of the King shall be sacred and inviolable.

Article 24: The King shall appoint the Prime Minister. Upon the Prime Minister's recommendation, the King shall appoint the other Cabinet members as he may terminate their services. The King shall terminate the services of the Government either on his own initiative or because of their resignation.

Article 25: The King shall preside over Cabinet meetings.

Article 26: The King shall promulgate a definitively adopted law within the thirty days following its receipt by the Government.

Article 27: The King may dissolve the two Houses of Parliament or one thereof by Royal Decree, in accordance with the conditions prescribed in Articles 71 and 73.

Article 28: The King shall have the right to deliver addresses to the Nation and to the Parliament. The messages shall be read out before both Houses and shall not be subject to any debate.

Article 29: The King shall, by Royal Decrees, exercise the statutory powers explicitly conferred upon him by the Constitution. Royal Decrees shall be countersigned by the Prime Minister, with the exception of those provided for in Articles 21 (Paragraph 2), 24 (paragraphs 1, 3 and 4), 35, 69,71, 79, 84, 91, 99 and 105.

Article 30: The King shall be the Commander-in-chief of the Royal Armed Forces. He shall make civil and military appointments and shall reserve the right to delegate such a power.

Article 31: The King shall accredit ambassadors to foreign nations and international organisations. Ambassadors or representatives of international organisations shall be accredited to him. The King shall sign and ratify treaties. However, treaties committing State finances shall not be ratified without having been approved under the law. Treaties likely to affect the constitutional provisions shall be approved in accordance with the procedures prescribed for the modification of the Constitution.

Article 32: The King shall preside over the Supreme Council of the Magistracy, the Supreme Council of Education and the Supreme Council for National Reconstruction and Planning.

Article 33: The King shall appoint magistrates in accordance with the conditions prescribed in Article 84.

Article 34: The King shall exercise the right of granting pardon.

Article 35: Should the integrity of the national territory ever be under threat or should any event interrupt the course of action of the constitutional institutions, the King shall, after consulting with the President of the House of Representatives and the president of the House of Counsellors as well as the Chairman of the Constitutional Council, and addressing the Nation, have the right to declare a State of Emergency by Royal Decree. Notwithstanding all contrary provisions, he shall hence assume the responsibility of taking all the necessary measures for the country's defence and the restoration of a normal functioning of constitutional institutions and State affairs. The State of Emergency shall not entail the dissolution of the Parliament. The State of Emergency shall be terminated according to the same procedure followed in the proclamation thereof.

CHAPTER THREE

ORGANISATION OF PARLIAMENT

Article 36: The Parliament shall be made up of two Houses, the House of Representatives and the House of Counsellors. Members of the Houses shall hold their mandate from the Nation. Their right to vote shall be personal and cannot be delegated.

Article 37: Members of the House of Representatives shall be elected for a six- year term by direct universal suffrage. The legal legislative period shall end at the opening of the October session in the fifth year following the election of the House. The number of representatives as well as the voting system, eligibility requirements, incompatibility cases, legal contentions concerning elections shall be set out in an organic law. The President shall be elected first at the beginning of the legislative period, then at the April session in the third year of the said period and for the remaining portion thereof. Members of the Board shall be elected for one year; their number shall be in propotion to their respective groups.

Article 38: For 3/5 of its membership, the House of Counsellors shall consist of members elected in each region by electoral colleges made up of elected members of trade chambers as well as members elected at the national level by an electoral college consisting of wage-earners' representatives. Members of the House of Counsellors shall be elected for a nine-year term. One third of the House shall be renewed every three years. In the first and second renewal operations, seats shall be drawn by lot. The number of counsellors as well as the voting system, the number of members to be elected by each electoral college, the distibution of seats according to regions, eligibility requirements, incompatibility cases, balotting procedures mentionned above and legal contentions concerning elections shall be set out in an organic law. The President of the House

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of Counsellors and members of the Board shall be elected at the October session during each renewal operation in the House. Members of the Board shall be elected in proportion to the size of their respective groups. Upon the setting up of the first House of Counsellors or upon its election following the dissolution of the preceding House, the President and the members of the Board shall be elected at the beginning of the session which follows the election;they shall seek renewal of their term of office at the beginning of the October session during each renewal operation in the House.

Article 39: No member of Parliament shall be prosecuted, arrested, put into custody or brought to trial as a result of expressing opinions or casting a vote while exercising office functions, except when the opinions expressed may be injurious to the monarchical system and the religion of Islam or derogatory to the respect owed the king. During parliamentary sessions, no member of Parliament shall be subject to prosecution or arrest for criminal charges or felonies, besides those mentioned in the preceding paragraph, without permission from the House except flagrante delicto. Outside parliamentary sessions, no member of Parliament shall be subject to arrest without permission from the Board of the House, except flagrante delicto, or in the case of authorised prosecution or final judgement. The imprisonement or prosecution of a member of Parliament shall be suspended if so required by the House, except flagrante delicto or in the case of authorised prosecution or final judgment.

Article 40: The Parliament shall hold its meetings during two sessions a year. The King shall preside over the opening of the first session which shall begin on the second Friday in October. The second session shall begin on the second Friday in April. When the Parliament convenes for at least three months during one session, the session may be adjourned by decree.

Article 41: The Parliament may be convened in special session either at the request of the absolute majority of the members of one of the two Houses or by decree. Special sessions of the Parliament shall be held on the basis of a defined agenda. Once the agenda fully addressed , the session shall be adjourned by decree.

Article 42: Cabinet members may attend the meetings of each House and those of the committees thereof; they shall, in this respect, have the right to commission their own assistants. Apart from the standing committees referred to in the preceding paragraph, parliamentary fact-finding committees may be established on the King's initiative or upon the request of the majority of the members of one of the two Houses and within each House, with the mission of inquiring about specific facts and submitting findings thereon to that House. There shall be no fact-finding committees in cases involving prosecutions, and as long as these are being conducted. The mission of any fact-finding committee which may be established shall end with the opening of the judicial investigation pertaining to the instances bringing about the establishment thereof. Fact-finding committees shall by nature be temporary. Their mission shall end with the submission of their reports. The functioning of these committees shall be governed by an organic law.

Article 43: Meetings of the Houses of Parliament shall be open to the public. Proceedings of the debates shall be published in extenso in the Gazette. Each House may hold private meetings if so requested by the Prime Minister, or by a third of its members.

Article 44: Each House shall establish and vote on its own Rules of Procedure. These shall not, however, go into effect until they are declared by the Constitutional Council as consistent with the provisions of this Constitution.

POWERS OF PARLIAMENT

Article 45: Legislation shall be voted on by Parliament. For a limited period of time, and for a defined purpose, the Government may be empowered by law to take, by decree, measures normally falling within the purview of the law. Decrees shall become effective immediately after the publication thereof; however, they shall be submitted, for ratification, to the Parliament within the time limits set by the empowering law. Should either House be dissolved, such a law shall become void.

Article 46: In addition to jurisdiction matters explicitly assigned in other articles of the Constitution, the Legislative Power shall have competence in the following areas:

a. the individual and collective rights enumerated in Chapter One of the present Constitution;

b. determining offences and the appropriate penalties, the penal and civil procedure and the promulgation of new categories of jurisdiction;

c. the statute of magistrates;

d. the general statute of public offices;

e. the fundamental guarantees granted civil and military personnel;

f. the electoral system of local assemblies and councils;

g. the regulation of civil and commercial liabilities;

h. the establishment of new public agencies;

i. the nationalisation of enterprises or the transfer thereof from the public to the private sector.

The Parliament shall be empowered to vote on basic laws pertaining to the fundamental objectives of the activities of the State in economic, social and cultural areas.

Article 47: Matters outside the purview of legislature shall come under statutory jurisdiction.

Article 48: Legislated bills may be amended by decree, with the consent of the Constitutional Council and when they fall within the jurisdiction of the authority holding statutory power.

Article 49: A state of martial law may be declared by Royal Decree for a period of thirty days. This duration may be extended by law only.

Article 50: The appropriation law shall be voted on by the Parliament under conditions prescribed by an organic law. Capital expenditures resulting from developement plans shall be voted on only at the time the Parliament approves such

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plans. These expenditures shall automatically be extended throughout the period of the plan. The Government alone shall have the prerogative to submit draft bills aimed at modifying programms thus adopted. If, by the end of the fiscal year , the budget is not voted on or is not promulgated as a result of its submission to the Constitutional Council in accordance with Article 81, the Government shall, by decree and in accordance with the budgetary proposals submitted for approval, be entitled to allocate funds necessary for the operation of the public services and the exercise of the functions thereof. In such a case, revenues shall be collected in accordance with the legislative and statutory prescriptions in force, except, however, those revenues to be cancelled under the proposed appropriation law. As for those to be cut down under the same law, they shall be collected at the proposed new rate.

Article 51: Proposals and amendments introduced by Members of Parliament shall not be acceptable when the adoption thereof might affect the proposed appropriation law by causing a decrease in public resources, an increase in a public expenditure or the creation of a new one.

THE EXERCISE OF LEGISLATIVE POWER

Article 52: The right to introduce laws shall equally be granted the Prime Minister and Members of Parliament. Draft bills shall be laid on the table of one of the two Houses.

Article 53: The Government may declare the unsuitability of any proposal or amendment considered outside the purview of the legislative power. In case of disagreement, the Constitutional Council shall take action within a period of eight days upon request of one of the two Houses or the Government.

Article 54: Draft bills and proposals shall be examined by the acting committees whose work shall continue during the interval between the sessions.

Article 55: During the recess periods, the Government may, in agreement with the committees concerned, in both Houses, adopt ordinances which shall be submitted, for ratification, during the following regular session of Parliament. The draft bill shall be tabled in one of the two Houses. It shall be considered successively by the relevant committees in both Houses in order to reach a joined decision within a period of six days. In case such a decision is not reached, steps shall be taken at the request of the Government to set up a joint committee with equal representation; it shall have three days to work out a joint decision for submission to the relevant committees. The agreement mentioned in the first paragraph of the present article shall be considered as refused if the joint committee with equal representation has not reached a decision within the time limits mentioned above or if the decision proposed by the said committee is not endorsed by the relevant committees within a period of four days.

Article 56: The Board of each House shall prepare the agenda of the House. Priority shall be given, in the order defined by the Government, to the discussion of draft bills it introduces and proposed laws accepted by it. One meeting per week shall, by priority, be reserved in each House for the questions of the members of the House and the Government's responses. The Government shall give a reply within twenty days after their receipt of the question.

Article 57: Members of each House, as well as the Government, shall have the right to propose amendments. After the opening of the debates, the Government may object to the examination of any amendment not submitted, beforehand, to the acting committee concerned. If requested by the Government, the House in which the text under discussion was tabled shall take action by single vote on the whole or part of the bill under discussion. Only amendments proposed or accepted by the Government shall be considered.

Article 58: Any draft bill or proposed bill shall be considered successively by the two Houses of Parliament, with a view to adopting an identical text. The House in which the draft bill is tabled first shall examine the text of the draft bill presented by the Government or the text of the proposed bill on the agenda. A house in which a bill already adopted by the other House is tabled, shall deliberate on the draft referred to it. If a draft bill or a proposed bill cannot be adopted after two readings in each House, or if the Government proclaims that the matter is urgent after only one reading in each House, the Government may call a meeting of the joint committee with equal representati on which shall propose a draft on the remaining provisions under discussion. The text drafted by the joint committee may be submitted by the Government to the Houses for adoption. No amendment shall be considered except with the approval of the Government. If the joint committee has not managed to adopt a joint bill or if the bill has not been adopted or if the bill has not been adopted by the two Houses, the Government may submit to the House of Representatives the draft bill or the proposed bill as modified, if necessary, in the light of amendments reached during parliamentary debates and taken up by the Government. The House of Representatives shall proclaim final adoption of the bill only with the absolute majority of its members. Provisions adopted by the House of Representatives in compliance with article 75 ,paragraph 2, shall be considered as endorsed by the absolute majority of the House. Organic laws shall be adopted and amended under the same conditions. However the draft bill or the proposed bill for an organic law shall not be submitted for discussion or voting at the First House in which it is to be tabled until the end of a ten -day period following its registration. Organic laws pertaining to the House of Counsellors shall be put to the vote under the same conditions in both Houses. Organic laws shall not be promulgated until the constitutional Council issues a decision on their conformity with the Constitution.

CHAPTER FOUR

THE GOVERNMENT

Article 59: The Government shall be composed of the Prime Minister and Ministers.

Article 60: The Government shall be answerable to the King and the Parliament. After the appointment of the Cabinet members by the King, the Prime Minister shall appear before each one of the two Houses, to submit the programme to be carried out. Such a programme shall clearly outline the policy to be adopted by the Government in various areas of national activity, namely in economic, social, cultural and foreign affairs. This programme shall come under discussion in each one of the two Houses. At the House of Representatives, it

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shall be put to the vote in accordance with the provisions stipulated in paragraphs 2 and 3 of Article 75, and with the implications accounted for in the last paragraph of the same Article.

Article 61: Under the Prime Minister's responsibility, the Government shall ensure the execution of the laws. All public facilities shall be placed at the Government's disposal.

Article 62: The Prime Minister shall have the right to introduce bills. No draft bill shall be tabled, by his Department, in one of the two Houses before it is debated in a Cabinet meeting.

Article 63: The Prime Minister shall exercise the administrative powers. Decrees endorsed by the Prime Minister shall be countersigned by the Ministers responsible for the implementation thereof.

Article 64: The Prime Minister may delegate some of his powers to the Ministers.

Article 65: The Prime Minister shall be responsible for the co-ordination of ministerial activities.

Article 66: The Cabinet shall be notified of the following, before any relevant decision is taken:

a. matters related to general policies of the State;

b. declaration of martial law

c. declaration of war;

d. requesting confidence from the House of representatives to allow the Government to carry out their responsabilities further;

e. draft bills, before they are brought to one of the two Houses;

f. statutory decrees,

g. decrees mentioned in Articles 40, 41, 45 and 55 of this Constitution;

h. draft plan;

i. projects for revising this Constitution

CHAPTER FIVE

THE BRANCHES: RELATIONS BETWEEN THE KING AND PARLIAMENT

Article 67: The King may request a second reading by the two Houses of any draft bill or proposed law.

Article 68: A second reading shall be requested in a message. Such a new reading shall not be refused.

Article 69: After a second reading, the King may, by Royal Decree, submit any draft bill or proposed law to referendum, except in the case of those submitted for a new reading which shall have been adopted or rejected by a two-thirds majority of the members of each one of the two Houses.

Article 70: The results of the referendum shall be binding upon all.

Article 71: After consulting with the Presidents of the two Houses,and the Chairman of the Constitutional Council and addressing the Nation, the King may decree the dissolution of the two Houses or of one of them only.

Article 72: The election of the new Parliament or the new House shall take place, at the latest, three months after such a dissolution. The King shall, in the meantime, exercise the powers lying with the Parliament in terms of law making, in addition to those conferred upon him by this Constitution.

Article 73: When a House is dissolved, the one succeeding it shall not be dissolved until a year after its election.

Article 74: The declaration of war shall be announced after notifying the House of' Representatives and the House of Counsellors.

RELATIONS BETWEEN PARLIAMENT AND THE GOVERNMENT

Article 75: The Prime Minister may engage the responsibility of the Government before the House of Representatives through a vote of confidence regarding a statement on a general policy or a proposal requesting the approval thereof. Confidence shall be withdrawn and a bill rejected only by an absolute majority vote of the Members of the House of Representatives. The vote shall be held three clear days after the matter of the vote of confidence has been raised. Withdrawal of confidence shall entail the resignation of the Government in a body.

Article 76: The House of Representative may put into question the pursuance of the Government's responsibilities by adopting a censure motion. Such a motion shall be acceptable only if signed by at least one -fourth of the members of the House. The censure motion shall be approved by the House of Representatives only by an absolute majority vote of its members. Voting shall take place three clear days only after the motion has been introduced. The vote for censure shall entail the resignation of the Government in a body. Should the Government be censured by the House of Representatives, no other censure motion shall be acceptable before a year has elapsed.

Article 77: The House of Counsellors may vote warning or censure motions against the Government. The warning motion must be signed by at least one third of the members of the House of Counsellors. It shall be voted by the absolute majority of the members of the House. Voting shall take place three clear days after the motion has been introduced. The text of the warning shall be sent forthwith by the President of the House of Counsellors to the Prime Minister who shall, within six days, present before the House of Counsellors, the Government's position concerning the reasons which prompted the warning. The government's statement shall be followed by a debate without a vote. The censure motion shall not be introduced unless it is signed by at least one third of the members of the House of Counsellors. It shall be approved only after a vote by a 2/3 majority of the members of the House. Voting shall take place three days after the motion has been introduced. The vote for censure shall entail the joint resignation of the Government. Should the Government be censured by the House of Counsellors, no other censure

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motion shall be introduced in the House of Counsellors before a year has elapsed.

CHAPTER SIX

THE CONSTITUTIONAL COUNCIL

Article 78: A Constitutional Council shall be established.

Article 79: The Constitutional Council shall be made up of six members appointed by the King for a nine -year period. Upon consultation with parliamentary groups, six other members shall be appointed for the same period, half of them by the President of the House of Representatives and the other half by the President of the House of Counsellors. A third of each category of members shall be renewed every three years. The chairman of the Constitutional Council shall be selected by the king among the members appointed by him. The Chairman and the members of the Counstitutional Council shall serve for a non renewable term of office.

Article 80: An organic law shall govern the organisation and work of the Constitutional Council as well as the procedure it shall adopt, particularly with respect to deadlines set for referred disputes. Likewise, this organic law shall determine the functions which may not be compatible with that of Council member, the conditions of the first two renewals for a three-year term, as well as the procedure for replacing inactive members, either as a result of resignation or death during their term of office.

Article 81: The Constitutional Council shall perform the functions assigned by the articles of the Constitution or the provisions of the organic laws. It shall furthermore decide on the validity of the election of the Members of Parliament and that of referendum operations. Organic laws - before promulgation - and the Rules of Procedure of each House - before implementation - shall be submitted to the Constitutional Council to look into their consistence with the Constitution. Before promulgation, laws may, for the same reason, be referred to the Constitutional Council by the King, the Prime Minister, the President of the House of Representatives, the President of the House of Counsellors or one-fourth of the members making up one House or the other. The Constitutional Council shall have one month to decide upon the special instances stated in the preceding two paragraphs. However, in case of emergency, the deadline may be reduced to eight days if so requested by the Government. Regarding the above mentioned instances, referring law to the Constitutional Council shall entail the suspension of the deadline of the promulgation thereof. No unconstitutional provision shall be promulgated or implemented. Decisions of the Constitutional Council shall, in no way, be put into question. They shall, furthermore, be binding upon all public authorities, administrative and judicial sectors.

CHAPTER SEVEN

THE JUDICIARY

Article 82: The Judiciary shall be independent of the legislative and executive branches.

Article 83: Sentences shall be passed and executed in the King's name.

Article 84: Upon recommendations made by the Supreme Council of Magistracy, Magistrates shall be appointed by Royal Decrees.

Article 85: Magistrates in the bench shall be irremovable.

Article 86: The Supreme Council of Magistracy shall be presided over by the King. It shall further consist of:

a. the Minister of Justice as Vice-President;

b. the First President of the Supreme Court;

c. the Prosecutor General in the Supreme Court;

d. the President of the First Chamber the Supreme Court;

e. two representatives elected among magistrates of the Court of Appeal;

f. four representatives elected among magistrates of first degree courts.

Article 87: The Supreme Council of Magistracy shall ensure the implementation of the guarantees granted magistrates regarding their promotion and discipline.

CHAPTER EIGHT

THE HIGH COURT OF JUSTICE

Article 88: Members of the Government shall be penally responsible for crimes and felonies they may commit while exercising their functions.

Article 89: They may be indicted by the two Houses of Parliament: and referred to the High Court of Justice for trial.

Article 90: The proposed draft for indictment must be signed by at least a quarter of the members of the House in which it was tabled first. It shall be examined successively by the two Houses and shall be approved only when an identical vote is cast by each House by secret ballot and a two- third majority of its members with the exception of those members called upon to take part in conducting the prosecution and the investigation process and issuing the verdict.

Article 91: The High Court of Justice shall consist of equal numbers of members elected from the House of Representatives and the House of Counsellors. Its President shall be appointed by Royal Decree.

Article 92: An organic law shall determine the number of the High Court members, the method of their election and the Rules of Procedure to be adopted.

CHAPTER NINE

THE ECONOMIC AND SOCIAL COUNCIL

Article 93: An Economic and Social Council shall be established.

Article 94: The Economic and Social Council may be consulted by the Government, as well as the House of

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Representatives and the House of Counsellors on all matters of economic or social nature. It shall give its opinion on the general guidelines pertaining to the national economy and training programmes.

Article 95: The constitution, organisation, prerogatives and rules of procedure of the Economic and Social Council shall be determined by an organic law.

CHAPTER TEN

THE AUDIT COURT

Article 96: The Audit Court shall be responsible for conducting overall supervision of the implementation of the budget. It shall ensure the sound conduct of receipt and expenditure operations and evaluate the management of agencies placed under its control by law. It shall also take action, when necessary, against violation of the rules governing such operations.

Article 97: The Audit Courts shall provide assistance to Parliament and the government in its fields of competence as defined by the law. It shall report to the king on all its activities.

Article 98: Regional Audit Court shall be responsible for checking the accounts and assessing the management of local governments and their groups.

Article 99: The terms of reference, organisation and rules of procedure of the Audit Court and regional Audit Courts shall be determined by law.

CHAPTER ELEVEN

LOCAL GOVERNMENT

Article 100: The local government of the Kingdom shall consist of Regions, prefectures, provinces and communes. No other form of local government may be established except by law.

Article 101: Local assemblies shall be elected to be responsible for the conduct of their affairs on the basis of democratic principles and in accordance with provisions defined by law. Governors shall carry out decisions by provincial, prefectoral and regional assemblies in accordance with the conditions set by the law.

Article 102: In the provinces, prefectures and regions, governors shall represent the State and see to it that the law is enforced. They shall be responsible for the implementation of Government decisions and, to the end, for the management of local departments of Government agencies.

CHAPTER TWELVE

REVISING THE CONSTITUTION:

Article 103: The king, the House of Representatives and the House of Counsellors: shall have the right to initiate a revision of the Constitution. The King shall have the right to submit, directly for referundum, the revision project he may initiate.

Article 104: A proposal for revision submitted by one or more members of one of the two Houses shall be adopted only if voted on by a two-thirds majority of the members of the House concerned. The proposal shall be submitted to the other House which may adopt it by a two -thirds majority of its members.

Article 105: Revision projects and proposals shall be submitted to the nation for referendum by Royal Decree. A revision of the Constitution shall be definitive after approval by referendum.

Article 106: Neither the State system of monarchy nor the prescriptions related to the religion of Islam may be subject to a constitutional revision.

CHAPTER THIRTEEN

SPECIAL PROVISIONS

Article 107: Pending the election of the Houses of Parliament provided for in the present Constitution, the current House of Representatives shall continue to discharge its duties, namely by passing the laws required for the setting up of the new Houses of Parliament, without prejudice to the implementation of the provisions of article 27.

Article 108: Pending the setting up of the Constitutional Council whose membership shall be composed in accordance with the provisions of the present Constitution, the current Constitutional Council shall continue to discharge the duties conferred upon it by the Constitution and the organic laws. 

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Palestine 1995 Draft Basic LawFourth Draft Basic Law For the National Authority in the Transitional Period. PNC Legal Committee: 11 December 1995. Jerusalem Media and Communication Centre. http://www.jmcc.org/politics/pna/basic2.htm, accessed 13 December 2007.

Draft Basic Law For the National Authority in the Transitional Period.

* This is the fourth draft which is still under discussion in Palestinian circles. It has not yet been determined.

Dr Anis Al-Qasem, Chair, PNC Legal Committee

11 December 1995

Chapter One – General provisions

Article 1

The Palestinian people are the source of all authority which shall be exercised, during the transitional period, through the legislative, executive and judicial authorities in the manner provided for in this Basic Law.

Article 2

The government of Palestine shall be based on parliamentary democracy and pluralism, with consideration by the majority for the rights and interests of the minority and respect by the minority of the decisions of the majority.

Article 3

The Arabic language shall be the official language of Palestine.

Article 4

The flag of Palestine shall be of the following colors and dimensions: Its length twice its width, divided horizontally into three equal parallel parts, the upper black, the middle white and the lower green, thereon placed from the base a red triangle whose base and height equal the breadth and half the length of the flag, respectively.

Article 5

Jerusalem shall be the capital of Palestine. During the transitional period the Palestinian Authorities may set up the Government Headquarters in any other place in Palestine.

Article 6

Sovereignty over the national resources in Palestine is vested in the Palestinian people, and shall be exploited and disposed of in the interests of the Palestinian people according to law.

Article 7

(1) This Basic Law shall be the Supreme Law of Palestine in the Transitional Period and any other law which is inconsistent with any of its provisions shall be null and void.

(2) Subject to Article 120, this Basic Law may not be amended except by a two thirds majority of the elected Council.

Chapter Two

I Fundamental rights and freedoms

Article 8

Palestine recognises and respects the fundamental human rights and freedoms prescribed in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination the Convention against Torture and other Cruel Inhuman or Degrading Treatment and Punished and other Conventions and Covenants which secure such rights and freedoms. Palestinian authorities shall adhere to the said international agreements.

Article 9

Every person has the right to life.

Article 10

Women and men shall have equal fundamental rights and freedoms without any discrimination.

Article 11

All persons are equal in human dignity. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no person shall be subjected without his free consent to medical or scientific experimentation. No effect shall be given to any statement or confession obtained as a result or under the threat of torture, cruel, inhuman or degrading treatment.

Article 12

Every person shall have the right to participate in public life and to nominate himself to public office in accordance with the law.

Article 13

Every person has the right to liberty and security of person. No person shall be subjected to arbitrary arrest or detention. No person shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law.

Article 14

Every person shall have right to freedom of thought, conscience and expression and publication of his opinion either orally, in writing or in the form of art or through any other form of expression, subject to observance of restrictions imposed by law for the respect of the rights or reputations of others, the protection of national security or of public order or of public health or morals.

Article 15

The freedom of formation of political parties is guaranteed provided that their aims and activities do not conflict with the basic principles prescribed in this Basic Law and that they conduct their activities in a peaceful manner. The law shall set out the rules governing the formation of political parties.

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Article 16

Subject to the provisions of Article 14 of this Basic Law, the freedom of the press, printing, publication and media is guaranteed. Censorship of the press is prohibited, and no newspaper shall be subject to warning, suspension or termination through governmental or administrative action.

Article 17

No person shall be subject to arbitrary or unlawful interference with his privacy, family, home or correspondence, or to unlawful attacks on his honor or reputation. The law shall provide protection against such interference or attacks.

Article 18

Security of the home is guaranteed; it may not be entered or inspected except in pursuance of a reasoned judicial order and in accordance with the law.

Article 19

Every person is entitled to own private property, interference in which shall be prohibited except in accordance with the law and for the public interest. Private property may not be expropriated except for public interest in consideration of fair compensation and in accordance with the procedure laid down in the law.

Article 20

Freedom of economic activity is guaranteed. The law shall set out the rules and extent of supervision in pursuance of the requirements of public interest.

Article 21

The families of martyrs, the injured and the handicapped have the right to care and rehabilitation, which shall be provided by the Palestinian authorities.

Article 22

Motherhood, childhood, the family, the young and the youth have the right to protection and to the availability of proper opportunities for the development of their talents. Such protection is a duty on society to be discharged by the Palestinian authorities within the limits stipulated by law.

Article 23

The law shall set out the rules pertaining to social security.

Article 24

Work is a right, duty and honor. The Palestinian authorities shall endeavor to provide equal opportunities to citizens to enable them to exercise this right under laws which provide for social justice. No one shall be required to perform forced or compulsory labour except in the following circumstances: (1) Any service of a military character or any national service required by law, save for conscientious objectors;

(2) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(3) Any work or service which forms part of normal civil obligations.

Article 25

(1) Every person has the right to education which shall be free and compulsory until the secondary stage in public institutions. The Palestinian authorities shall endeavor to provide education at all stages;

(2) Minorities, religious or otherwise, and others who meet the conditions prescribed by law shall have the right to establish private schools and educational institutions, provided they observe the general conditions laid down in the law;

(3) The education authorities shall supervise all education. Universities and centres of scientific research shall enjoy respect and autonomy in the manner provided in the law.

Article 26

The right to peaceful assembly is recognised. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.

Article 27

(1) The right to freedom of association with others is recognised to all persons, including the right to form and join trade unions for the protection of their rights;

(2) No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on members of the security forces and the police in their exercise of this right.

Article 28

No Palestinian may be deported, deprived of his nationality, prevented or prohibited from returning to or leaving Palestine or surrendered to any foreign authority except in accordance with extradition agreements.

Article 29

The surrender of persons granted political asylum by the Palestinian authorities in accordance with international law is prohibited.

Article 30

Every person has the right to address the public authorities on personal matters of concern to him or on public matters.

Article 31

Jerusalem is a city holy to the three divine religions. In compliance by Palestine with its spiritual heritage, Palestinian authorities shall provide conditions for tolerant co-existence between religions in Jerusalem and the rest of Palestine.

Article 32

Freedom of belief and worship and exercise of religious functions are guaranteed, subject to non-violation of public order or morality.

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Article 33

Freedom of access and visit to holy places and religious buildings and sites are guaranteed for all, citizens and non-citizens, without discrimination. Freedom of worship for the followers of such places is also guaranteed. The exercise of the foregoing, freedoms shall be subject to the requirements of public security, order and morality.

II Protection of fundamental rights and freedoms

Article 34

Every person whose fundamental rights or freedoms, as provided in this Chapter and Chapter Three, have been violated shall have the right to challenge the violation before courts of law and to demand compensation, where appropriate.

Article 35

An independent Commission for Human Rights with juridical personality shall be established by law to monitor and ensure the observance of human rights and freedoms in Palestine. Its formation, functions and powers shall be defined by law and shall be without prejudice to any powers given to individuals, to the Attorney General, to the Audit Office and to the Courts under this Basic Law or any other law.

Chapter Three – The rule of law

Article 36

The rule of law is the basis of government in Palestine.

Article 37

All Palestinian authorities and organs as well as all individuals and persons in Palestine shall be subject to the law and shall be accountable for its violation. The independence of the judiciary, its immunity, respect for and execution of its decisions are basic guarantees for the protection of rights and freedoms and the establishment of the rule of law.

Article 38

All persons shall be equal before the courts and the law, and are entitled to the equal protection of the law without discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, birth or other status.

Article 39

The right of recourse to the courts is guaranteed for everyone and no administrative act or decision may exclude its review by the courts.

Article 40

Everyone charged with a criminal offence shall be presumed innocent until proved guilty in a lawful trial in which he has been afforded guarantees to defend himself. Every person charged with a serious criminal offence shall have a lawyer to defend him.

Article 41

(1) Punishment is personal, and no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor

shall a heavier penalty be imposed than tone that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the applicable law and penal procedure;

(2) Collective punishment is prohibited.

Article 42

Except in cases of flagrante delicto, no person may be arrested, searched, detained or have his liberty restricted in any manner or prevented from free movement, except by order given by a competent court or the prosecution service in accordance with the law and only where such is required for the needs of the investigations and security of society.

The law shall determine the period of detention on remand.

No detention or imprisonment is permitted except in places which are subject to laws regulating prisons.

Article 43

Except where otherwise is provided by law, criminal actions shall only be instituted by order of a judicial body.

Article 44

All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

Article 45

Every person who has been arrested or detained shall be informed promptly on his arrest of the cause thereof, and shall, without delay, be informed in detail and in a language which he understands of the nature and cause of the charge against him. He shall be given adequate time and facilities for the preparation of his defence and to communicate with a lawyer of his own choosing. He shall be tried without undue delay in his presence in a manner which guarantees defence through a lawyer of his own choosing.

Article 46

Judgements shall be given and executed in the name of the people. It shall be a criminal offence subject to prosecution and punishment in the manner provided in the law for any public official required by law to execute decisions of the courts to refuse or suspend such execution. In this event, the person in whose favor judgement has been given shall have the direct right to bring a criminal action before the competent court.

Chapter Four – Legislative Authority

Article 47

The elected Council (the Council) shall exercise legislative authority during the transitional period. The life of the Council shall be until the end of the transitional period.

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Article 48

The Council shall be composed of the President and 88 Members elected in general elections in accordance with the Elections Laws.

Article 49

(1) The Council shall have two ordinary sessions every year, each to last for no longer than 3 months, commencing on 1st October and 1st April, but on the following day if the 1st falls on a national holiday.

(2) The Council may prolong its session if its business is not concluded, and in any event a session may not end before approval of the budget.

Article 50

The President or Speaker may call for the Council to meet in extraordinary session for any period to discuss or debate or decide on matters specified in the Agenda for the extraordinary session. The Speaker shall also call for such extraordinary session if he receives such a request from not less than one third of the Members of the Council signed by them and specifying the Agenda. The Council shall not discuss or debate any matter not specified in the Agenda to the extraordinary session.

Article 51

At is inaugural meeting, the Council shall elect from amongst its Members, a Speaker, a Deputy Speaker and a Rapporteur, who shall compose the office of the Speaker. The Speaker, Deputy Speaker who Rapporteur must not be Members of the Executive or Ministers, and shall hold office during the life of the Council.

Article 52

Every Member of the Council shall take an oath in the terms provided for in Article 69.

Article 53

The President shall open each session of the Council and lay down the programme of his Government, provided that the Prime Minister may deputise for him.

Article 54

The quorum of all Meetings of the Council shall be 50% of its Members. All decisions of the Council shall be taken by a simple majority of the Members present unless otherwise provided for in this Basic Law and in particular Article 7(2).

Article 55

All Meetings of the Council shall be public, save that at the request of the Government or by a decision of the Council, a Meeting may be closed to the public if the national interest so requires.

Article 56

Members of the Council shall not be held civilly or criminally liable for anything said or opinions expressed by them in the Council or for voting in the Council, whether the meeting is public or in meetings closed to the public, or in Committees of the Council.

Article 57

Members of the Council shall enjoy legal immunity during the life of the Council and save for arrestable crimes discoverd during their commission, no criminal proceedings may be instituted against a Member except with the permission of the Council, and when the Council is not in session, the Speaker’s permission, who shall inform the Council at its next session the action he took.

Article 58

(1) No Member of the Council may exploit his position as a Member of the Council to influence any business or matter.

(2) The law shall determine what type of work, business or affairs a Member of the Council may conduct.

Article 59

Members of the Council may propose the enactment of laws and may question the Government generally or individual Ministers according to the rules of Procedure of the Council.

Article 60

The Council shall have the following functions:

(1) Approval of Laws;

(2) Debating the policy of the Government;

(3) Approval of the Budget and Development Plans;

(4) Approval of a general amnesty or pardon;

(5) Accepting the resignations of Members of the Council;

(6) Approval of Appointment of Cabinet Ministers;

(7) Withdrawal of Confidence in the Government or a Cabinet Minister as provided for in Article 84 of this Basic Law.

Article 61

The Annual Budget Plan must be laid before the Council at least two months before the beginning of the financial year and no Budget shall be operative until and unless it is approved by the Council.

Article 62

(1) Voting on the Budget shall be Chapter by Chapter.

(2) Reallocation of budgetary ammounts as between Chapters is prohibitied except as provided in the law.

Article 63

The Council may establish temporary Committees from amongst its Members to investigate any matter within its jurisdiction.

Article 64

The salaries, allowances and expenses of the Members of the Council shall be determined by Law.

Article 65

A vacancy in the membership of the Council, whether caused by death, resignation or otherwise, shall be filled by the holding of a by-election in the District concerned.

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Article 66

The Council shall lay down by-laws or rules for the determination of its procedure and the carrying out of its functions.

Chapter Five – Executive Authority

Article 67

The Executive Authority during the transitional period shall be exercised by the President and a Cabinet of Ministers in the manner provided for in this Basic Law.

I The President

Article 68

The President shall be elected in a general election for the Presidency in accordance with the Elections Law and shall by virtue of his election and office be the Head of the Executive Authority.

Article 69

Before assuming office, the President shall take the following oath in the presence of the Bureau of the Presidency of the Palestine National Council:

«I swear by Almighty God to be faithful to the Nation of Palestine and to its national heritage and to preserve this Basic Law and the law, serve the Palestinian People and faithfully carry out the duties entrusted to me according to law.»

Article 70

The term of the Presidency shall be five (5) years and no person may be President for more than two consecutive terms. The first term of the first President and any successor in the transitional period shall expire with the expiry of the transitional period.

Article 71

If the office of the President becomes vacant or if the President bpermanently incapacitated, the Speaker of the Council shall assume his powers and duties in a caretaker capacity until a new President takes office, which shall be no more than 60 days from the date of occurrence of the vacancy or the proof of permanent incapacity.

Article 72

The President is the Commander-in-Chief of the Palestinian forces.

Article 73

(1)The President shall sign and promulgate the laws within 30 days after their approval by the Council, and if not signed within the said period, such laws shall be deemed promulgated.

(2) The President has the power to initiate or propose laws to the Council or issue secondary legislation, including Orders and Regulations if authorised to do so by the primary law.

Article 74

The President may grant a special pardon and commute sentences. General pardon shall be prescribed by law.

Article 75

The President shall exercise his powers through Orders and Resolutions and Decrees in the manner prescribed by this Basic Law or any other law.

ARITCLE 76

The President’s salary, allowances and expenses shall be determined by law.

II The council of national authority

Article 77

The President shall appoint a Cabinet of Ministers (the Cabinet) consisting of a Prime Minister and Ministers. He has the power to dismiss them or accept their resignation and has the power to preside over their Meetings.

Article 78

(1) The Cabinet shall assist the President in the performance of the executive authority of the government in the manner provided in this Basic Law.

(2) The President shall submit the names of the Prime Minister and Ministers to the Council to obtain approval to their appointment.

(3) Every Minister in the Cabinet shall be an elected Member of the Council save that the President may appoint non Members of the elected Council as Ministers, provided their number does not exceed 20% of the total number of Cabinet Ministers. Ministers who are non-Council Members may participate in the debates of the Council but may not vote.

Article 79

The Cabinet shall generally be responsible for the government and administration of the affairs of the country.

Article 80

(1) The Cabinet shall be composed of a Prime Minister and such other Ministers as the public interest may require. The resolution of appointment shall designate a Ministry for which the Minister shall be responsible;

(2) A Minister may hold more than one portfolio, as may be determined in the resolution of appointment;

Article 81

The Prime Minister and Ministers shall, before assuming office, take the oath provided for in Article 69 of this Basic Law in the presence of the President.

Article 82

Neither the Prime Minister nor any Ministers may purchase or lease any government property, not even through public auction, nor may any one of them have a financial interest in any contract concluded with government bodies, nor may he, while being a member of the Cabinet, be a member of the board of directors of any company or carry on a trade or practice a profession or receive a salary or any other renumeration from any company or any other source.

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Article 83

The Prime Minister and Cabinet Ministers are jointly responsible to the President and to the Council for the general policy of the country as is within the competence of the Cabinet and each Minister is responsible to the for them actions of his Ministry.

Article 84

The Prime Minister may propose a vote of confidence in the Cabinet before the Council. A no-confidence motion in the Cabinet or a particular Minister may also be proposed by at least 10 Members of the Council and may be passed by a simple majority, in which case, the Cabinet or Minister, as the case may be, must present the resignation of the Government or Minister to the President.

Article 85

The powers of the various Ministries shall be determined by regulations made by the Cabinet and endorsed by the President.

Article 86

Without prejudice to the generality of Article 79 of this Basic Law, the Cabinet shall have the following powers:

(1) To lay down the general policy within the powers entrusted to the Cabinet in the light of submissions by Ministers;

2) Implementation of the general policies laid down by the appropriate Palestinian authorities;

(3) Preparation and approval of the annual budget for its presentation to the Council;

(4) Supervision of the administrative organs;

(5) Follow up on the implementation of laws and ensuring observance thereof;

(6) Follow up performance of their duties and powers by the various Ministries and all other units of the administrative organ;

(7) Consideration of the proposals and policies of the various Ministries in respect of the performance of their functions;

(8) Any other powers entrusted to the Cabinet by this Basic Law or any other law.

Article 87

Every Minister shall have the following powers within his Ministry:

(1) Propose the general policy of the Ministry and supervise its implementation after its approval;

(2) Supervise the conduct of affairs in his Ministry and give the necessary instructions in that respect;

(3) Implement the budgetary provisions pertaining to his Ministry;

(4) Propose legislation pertaining to his Ministry;

(5) Delegate, as need be, some of his powers to the Under-Secretary of the Ministry, heads of divisions or senior officials of the Ministry;

(6) Any other powers entrusted to him by laws, regulations and resolutions made in pursuance thereof.

Article 88

Each Minister shall submit to the Cabinet detailed reports on the activities of his Ministry, its policies, plans and achievements compared with the aims set out for the Ministry in the Ministry plan, and shall also submit the Ministry’s proposals and recommendations as to its future policy. These reports shall be submitted on a regular basis so that the Cabinet would be fully informed of the activities and policies of each Ministry.

Article 89

The appointment of officials and their terms of employment shall be in accordance with the laws in force in that respect.

Article 90

In the provision of administrative services and attending to the rights of individuals, simplification of procedures, expeditiousness and propriety in performance shall be observed within the limits of the law and public interest.

Article 91

The executive authority shall avail the widest opportunity for the participation of citizens, political parties, trade unions and other organizations in the discussion of policies before their determination, through announcing such policies and consultation with the said bodies.

Article 92

The Cabinet, its Prime Minister and Ministers shall exercise the powers and duties provided for their predecessors in legislation in force on the coming into force of this Basic Law, until such laws are amended or replaced, as the case may be.

III Security forces and the police

Article 93

(1) Security forces and the police are a regular force created for the service of the people, protection of society and to maintain security and public order. It shall perform its duties within the limits provided by law with full respect of rights and freedoms without prejudice or discrimination. All persons must cooperate with and assist the police in the performance of their duties.

(2) Security forces and the police shall be regulated by law.

IV Public bodies and institutions

Article 94

Specialized public bodies and institutions may be established by the President to assist the governmentl in formulating policies within the general fields of activity. Such bodies and institutions may be autonomous bodies enjoying juridical personality exercising activities entrusted to them under their terms of reference; in which case they shall be established by law.

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V Local Government

Article 95

For purposes of local government the country shall, by law, be divided into administrative units and municipalities enjoying juridical personality. Each unit shall have a popular council directly elected in the manner provided in the law.

The law shall determine the competence of such administrative units, their financial resources, relations with the central authority, their role in the preparation and implementatof the development plans and supervision of the various fields of activity.

Division shall be, as far as possible, on the basis of number of inhabitants and their concentration.

VI General Provisions

Article 96

No administrative unit or any official thereof may sign or undertake a financial obligation except within the allocations provided for in law, and no effect shall be given to any disposition in contravention of this provision.

Article 97

No administrative unit or any official thereof may take decisions or issue instructions or regulation in contravention of laws in force, and no effect shall be given to decisions, instructions or regulations made in contravention of the said laws.

Article 98

Each administrative unit shall be entitled to exercise the powers, carry out the duties and issue resolutions, instructions and regulations for that purpose within the mandate prescribed to it by law.

Article 99

Appointment to public offices and specialized bodies and institutions shall be on the basis of competence, experience and ability to perform in accordance with the nature of the public office and functions and aims of the body or institution.

VII Finance

Article 100

General taxes and duties may not be imposed, amended or repealed except by law, and no total or partial exemption may apply except in the circumstances provided for in the law.

Article 101

The law shall set out the rules pertaining to the preparation of the general budget and for the disposition of funds allocated therein.

Article 102

The law shall set out the rules governing the collection of public funds and the procedure for spending therefrom.

Article 103

The beginning of the financial year shall be determined by law. If the budget law is not passed before the commencement

of the new financial year, spending shall continue on the basis of monthly allocations of one twelfth of the previous budget for each month.

Article 104

All that is received in taxes and other revenue must be paid to the public treasury and included in the budget. No part of the funds of the general budget may be allocated or spent for any purpose whatsoever except in accordance with the law.

Article 105

An Audit Office shall be established and its autonomy shall be guaranteed by law. The Office shall assist the administrative organ in supervising the collection of public revenue and spending therefrom within the limits set out by the budget. The Audit Office shall submit to the President and to the Council an annual report regarding its activities, observations showing financial violations, if any, and the responsibility arising therefrom.

The law shall provide for the immunity of the head of the Audit Office and shall give him the powers necessary for him to carry out his duties in the best possible manner.

Article 106

Public loans shall be confirmed by law. A public loan may be concluded or guaranteed by a law or within the allocations prescribed for that purpose in the budget law.

Article 107

Banks shall be regulated by law.

Chapter Six – The Judicial Authortiy

I The Judiciary

Article 108

The judicial authority shall be an independent authority to be exercised by the Supreme Court and other Courts in accordance with this Basic Law and any other law.

Article 109

Judges shall be independent and, in their judicial function, shall be subject only to the law. No other authority may interfere in individual cases or in the administration of justice.

Article 110

There shall be a Chief Justice, in that capacity, shall be the Head of the Judicial Authority and President of the Supreme Court. The Chief Justice shall be a judge of the Supreme Court appointed by Presidential Decree with the approval of the High Judiciary council except that the first Chief Justice appointed in pursuance of this Article shall not require such approval.

Article 111

A High Judiciary Council shall be established by law with the Chief Justice as Chairman. The law shall establish the composition and powers of this Council as well as its rules of procedure. The opinion of the Council shall be taken in respect of draft legislation pertaining to the organization of the judicial authority, including the public prosecution.

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Article 112

(1) The law shall provide for the rules governing the appointment, transfer, secondment and promotion of judges and other matters pertaining to the judiciary;

(2) Judges shall be irremovable, and the law shall regulate their disciplinary accountability.

Article 113

A Supreme Court shall be established by law comprising:

(1) A High Constitutional Court which shall have exclusive jurisdiction of judicial review of constitutionality of laws and regulations and construction of legal provisions in the manner prescribed by law;

(2) A Court of Cassation in criminal, civil and commercial matters in the manner prescribed by law;

(3) A High Court of Justice which shall have jurisdiction over administrative and other disputes in the manner prescribed by law.

(4) The law shall determine the types of other courts, their organization, jurisdiction and procedure.

(5) No law, administrative order or action may be excluded from review by the judiciary.

Article 114

Hearings shall be in public, unless the court determines otherwise in the interests of public order or morality, and in all cases judgements shall be pronounced in open Court.

II Attorney-General and public prosecutions

Article 115

Public and Government cases shall be conducted by the Attorney-General in the name of the people.

Article 116

(1) The appointment, transfer and dismissal of the Attorney-General and public attorneys in his office shall be in the manner and subject to the conditions prescribed by law;

(2) The law shall determine the powers, competence and formation of the service.

Chapter Seven – Concluding and transitory provisons

Article 117

This Basic Law shall apply during the transitional period, but shall not affect the powers and duties of the Palestine Liberation Organization and its organs including its powers to represent the Palestinian people in foreign and international relations and relations with foreign governments and international organizations.

Article 118

Laws shall be promulgated in the name of the Palestinian people, and shall be published in the Official Gazette after signature and promulgation by the President. They shall come into force 30 days from publication unless the law provides otherwise.

Article 119

The provisions of laws and legislative shall not apply except to matters occurring as from the date on which they come into force. Where required and in non-criminal matters, laws may provide otherwise.

Article 120

None of the fundamental rights and freedoms enshrined in this Basic Law may be suspended, and such rights and freedoms shall remain governed by the provisions of this Basic Law and the laws enacted in pursuance thereof.

Article 121

Laws, regulations and decisions in force in the Gaza Strip and the West Bank before the coming into effect of this Basic Law shall remain in force to the extent that they do not conflict with the provisions of this law, until they are amended, repealed or replaced in pursuance of this or any other law.

Article 122

This Basic Law shall be published in the Official Gazette and shall come into force on the date of its promulgation.

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Palestine 2003 Draft Permanent constitution

Revised third draft.

Translation by Nathan J. Brown on behalf of Palestinian Center for Policy and Survey Research. Brown’s translation is made available with his comments: http://www.pcpsr.org/domestic/2003/nbrowne.pdf. For the sake of readability, the text is here rendered without his comments. For more publications by Brown, see: http://home.gwu.edu/~nbrown/

4 May 2003

Chapter One: General Foundations of the State

Article (1)

Palestine is an independent, sovereign state with a republican system. Its territory is an indivisible unit within its borders on the eve of June 4, 1967 and its territorial waters, without prejudice to the rights guaranteed by the international resolutions related to Palestine. All residents of this territory shall be subject to Palestinian law exclusively.

Article (2)

Palestine is part of the Arab homeland. The state of Palestine abides by the Charter of the League of Arab States. The Palestinian people are part of the Arab and Islamic nations. Arab unity is a goal. The Palestinian people work on behalf of its realization.

Article (3)

Palestine is a peace loving state that condemns terror, occupation and aggression. It calls for the resolution of international and regional problems by peaceful means. It abides by the Charter of the United Nations.

Article (4)

Jerusalem is the capital of the state of Palestine and seat of its public authorities.

Article (5)

Arabic is the official language and Islam is the official religion in Palestine. Christianity and all other monotheistic religions are accorded sanctity and respect. The constitution guarantees equality in rights and duties to all citizens irrespective of their religious creed.

Article (6)

The Palestinian flag, motto, seals, emblems, and national anthem shall be defined by law.

Article (7)

The principles of the Islamic shari`a are a main source for legislation. The followers of the monotheistic religions and shall have their personal status and religious affairs organized according to their shari‘as and religious denominations within the framework of [positive] law, while preserving the unity and independence of the Palestinian people.

Article (8)

The Palestinian political system shall be a parliamentary representative democracy. It shall be based on political pluralism and the guarantee of the rights and freedoms of all citizens. These include the right to form political parties and engage in political activity without discrimination on the basis of political opinions, sex, or religion. Parties shall abide by the principles of national sovereignty, democracy and peaceful transfer of authority in accordance with the Constitution.

Article (9)

Rule of law and justice shall be the basis of governance. All authorities, agencies, departments, institutions and individuals shall abide by the law.

Article (10)

All activities of the Palestinian public authorities shall, in normal and exceptional circumstances, be subject to administrative, political, legal and judicial review and oversight. There shall be no provision of law which grants immunity to any administrative action or decision from judicial supervision. The state shall be bound to compensate for damages connected to errors and dangers resulting from actions and measures carried out by state officials in the pursuit of their duties.

Article (11)

The independence and immunity of the judiciary are fundamental guarantees of rights and liberties. No public or private individual shall be immune from submitting to the law and executing judicial rulings. The law shall punish infringement on the dignity of the judiciary.

Article (12)

Palestinian nationality shall be regulated by law, without prejudice to the rights of anyone who legally acquired it prior to May 10, 1948 or the right of any Palestinian who resided in Palestine prior to this date and fled, was forced to immigrate, or prevented from returning thereto. This right passes on from fathers or mothers to their offspring. It does not cease or lapse unless voluntarily relinquished in the manner prescribed by law. A Palestinian cannot be deprived of his nationality. The acquisition and relinquishment of Palestinian nationality and the rights and duties of those with multiple citizenship shall be regulated by law.

Article (13)

Palestinians who were expelled or emigrated from Palestine as a result of the 1948 war, and who were denied return thereto shall have the right to return to the Palestinian state and bear its nationality. The right is permanent and cannot expire. The state of Palestine shall strive to implement the legitimate right of Palestinian refugees to return to their homes and to compensation, through negotiations, political, and judicial channels, in accordance with United Nations General Assembly Resolution 194 of 1948 and the principles of international law.

Article (14)

Natural resources, archaeological remains, and historical sites in the state of Palestine are the property of the Palestinian

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people. The state shall preserve them. The law shall regulate their optimal use.

Article (15)

The state strives to realize a clean, balanced environment. Preservation of the Palestinian environment shall be the duty of the state and the society. Whoever damages it shall be subject to the penalty of law.

Article (16)

The economic system in Palestine shall be based on the principles of a free economy, and the protection of free economic activity within the context of legitimate competition. The state may establish public companies to be regulated by law, without prejudice to the principles of a free economy and in accordance with the interest of the Palestinian people.

Article (17)

The state shall strive to promote social, economic and cultural growth and scientific development of the Palestinian people while giving consideration to social justice and providing special protection to the group of those who suffered during the struggle to realize the Palestinian national project and establish an independent state of Palestine.

Article (18)

The state of Palestine shall abide by the Universal Declaration of Human Rights and shall seek to join other international covenants and charters that safeguard human rights.

Chapter Two: Public Rights, Freedoms and Duties

Article (19)

All Palestinians are equal before the law. They enjoy civil and political rights and bear public duties without difference or discrimination, regardless of race, gender, color, religion, political opinion, or disability. The term ‘Palestinian’ or ‘citizen’ wherever it appears in the constitution refers to male and female.

Article (20)

Human rights and fundamental freedoms are binding and must be respected. The state shall guarantee religious, civil, political, economic, social, and cultural rights and freedoms to all citizens and their enjoyment on the principle of equality and equal opportunity. A person may not be deprived of his rights, fundamental, or legal competence for political reasons.

Article (21)

Every Palestinian who has reached the age of eighteen years shall have the right to vote in accordance with the provisions stipulated by law. Anyone who bears Palestinian nationality shall have the right to enter his candidacy for the presidency of the republic or for membership in the Representative Council and/or assume a ministerial or judicial position. The law shall regulate the age and other prerequisites for these posts.

Article (22)

Women shall have their own legal personality and independent financial assets. They shall have the same rights, basic freedoms as men as well as the same duties.

Article (23)

Women shall have the right to contribute effectively in social, political, cultural and economic life. The law shall strive to abolish restraints that prevent women from participation in the building of family and society. The constitutional and shari‘a rights of women shall be safeguarded; their violation shall be punishable by law. The law shall also protect their rights to shari‘a inheritance.

Article (24)

Children shall have all the rights guaranteed by the United Nations Convention on the Rights of the Child.

Article (25)

The right to life is safeguarded and to be protected by law.

Article (26)

Every individual has the right to personal safety. It is forbidden to torture a human being, harm him, treat him in an inhumane manner, or subject him to harsh, humiliating, or undignified punishment. Such deeds or contributing to them shall be a crime punishable by law without statute of limitation. Any confession proven to have been obtained under torture or serious threat of it shall not be considered proof of guilt. Anyone carrying out torture, ordering it to be carried out, or participating in it shall be subject to punishment of law.

Article (27)

Scientific or medical experimentation on a person without his prior legal consent is forbidden. It is not permitted to subject someone to medical examination, treatment, or surgery, except in accordance with the law. The law shall govern the transplant of organs, cells and other, new scientific developments, consistent with legitimate, humanitarian purposes.

Article (28)

Every person has the right to freedom and personal safety; it may not be violated, except in cases and according to procedures stipulated by law. It is not permitted to arrest a person or search, imprison, or limit his freedom in any way except by order of a competent judge or the Attorney General in accordance with the law; the measure must be necessary to safeguard the security of the society. He must be informed quickly in a language he understands of the charge against him. From the moment of the measure against him, he has the right to seek assistance from an attorney and he must be brought before the competent judicial authority immediately. The law shall define the conditions and time period for provisional detention. Any person arrested, detained, or imprisoned without legal basis shall be entitled to compensation.

Article (29)

The accused is innocent until proven guilty in a fair trial in which he is granted the guarantees of self-defense either personally or by means of an attorney he chooses in a public trial. The court shall appoint an attorney to defend him without charge if he is unable to afford one.

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Article (30)

Detainees and those deprived of liberty shall be treated humanely, preserving their dignity. Care shall be taken in implementing sentences to observe the pronouncements of the United Nations related to the minimal principles for treating prisoners or those being judged. Care shall be taken in the sentencing of minors and in implementing them to do what is appropriate to reform, rehabilitate, and train them.

Article (31)

Citizens shall have the right to choose their place of residence and to travel within the state of Palestine. No person may be denied the right to travel from Palestine except by a judicial order issued in accordance with the law. Likewise a Palestinian may not be deported or prevented from returning to his country. No Palestinian may be extradited to a foreign state.

Article (32)

A political refugee who legally enjoys the right of asylum may not be extradited. The law shall regulate the extradition of those ordinary foreigners accused, in accordance with bilateral agreements or international conventions.

Article (33)

Litigation is a right guaranteed to all by the state. Each individual shall have the right to resort to his natural judge to defend his rights and freedoms, and to receive compensation for a violation thereof. The law shall regulate the procedures for litigation in a manner that ensures a speedy decision of cases without harming the rights of litigants. In the event of a judicial error, the state shall be obligated to compensate the damaged party. The law shall govern the conditions and procedures for compensation.

Article (34)

There shall be no crime or punishment except by law. No sentence shall be implemented except by judicial order. Punishment shall be personal and an individual may not be punished more than once for the same offence. Collective punishment is prohibited. Care shall be taken to observe the principle of appropriateness between crime and punishment. There can be no punishment except for acts committed after a law has come into effect. The law shall regulate, in non-criminal cases, the retroactive effectiveness of laws.

Article (35)

The private life of every person has legal sanctity, including family particularities, residence, confidentiality of correspondence and other means of private communication. It may not be infringed upon except by judicial order and within the limits of the law. Any consequence of the violation of this article is invalid. Whoever is harmed as a result has the right to request compensation.

Article (36)

Freedom of creed is guaranteed and every person has the right to practice the rites of worship in accordance with the provisions of the constitution and the law. The state shall guarantee access to holy places that are subject to its sovereignty within the framework of law. The state shall

guarantee to followers of all monotheistic religions the sanctity of their places of religious worship in accordance with the historic commitment of the Palestinian people and the international commitments of the state of Palestine.

Article (37)

Freedom of opinion and its expression in speech, writing, and other means shall be guaranteed within the limits of the law and insofar as to guarantee respect for the rights and freedoms of others.

Article (38)

The founding of newspapers and the ownership of all media is a right for all citizens guaranteed by the constitution. The sources of their funding shall be subject to legal oversight.

Article (39)

Freedom of the media, including press, printing, audio, and visual media, and the freedom of those working in the media, is guaranteed and protected by the constitution and the relevant laws. The media shall freely exercise their mission and express different opinions within the framework of society’s basic values, preserving the rights, freedoms and public duties in a way that does not conflict with the rule of law. The media may not be subject to administrative censorship, nor to suspension or confiscation, except by court order in application of the law.

Article (40)

Journalists and citizens shall have the right to obtain news and information with transparency and responsibility in accordance with the conditions stipulated by law.

Article (41)

Every citizen has the right to defend his rights to intellectual property deriving from any scientific, artistic, or literary work he has produced in a manner that does not contradict the basic values of the society and the rule of law.

Article (42)

Education is a right for the individual and the society. It is compulsory for every citizen until the end of the elementary level. The state shall guarantee it in public schools, institutions, and establishments until the end of the secondary level. The law shall regulate the manner of the state’s supervision of the performance of education and curricula.

Article (43)

Private education shall be free and independent, and the law shall regulate the oversight of the state over its organization and curricula.

Article (44)

The state shall honor the independence of the universities, institutions, and research centers that have a scientific purpose. The law shall regulate oversight over them in such a manner so as to safeguard the freedom of scientific research and innovation in all fields. The state shall, within the bounds of its capabilities, work to encourage, assist and protect them.

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Article (45)

The law shall regulate the services of social security, disability and old age pensions, care for families of martyrs, prisoners, orphans, and care for those injured in the national struggle, and those requiring special care. The state shall guarantee them, within the bounds of its capabilities, the services of education, health and social security and shall give them priority in employment opportunities in accordance with the limitations laid down by law.

Article (46)

The state shall organize health insurance as an individual right and a public interest. It shall guarantee, within the boundaries of its capabilities, basic health care for those financially unable.

Article (47)

The state shall strive to guarantee appropriate housing for every citizen by way of a housing policy that relies on the cooperation of the state, the private sector, and the banking system. In circumstances of war or natural disaster, the state shall work within the bounds of its capabilities to provide shelter to the homeless.

Article (48)

The state shall guarantee care for families, motherhood, and childhood. It shall care for adolescents and the youth. The law shall regulate the rights of the child, mother and family in accordance with the provisions of international agreements and the “Charter of the Rights of the Arab Child.” In particular, the state shall seek to provide protection for children from harm, harsh treatment, exploitation, and from any work that would endanger their safety, health and education.

Article (49)

Public property shall be honored and its protection is a duty of each citizen. It shall serve the public interest in accordance with the law. The law shall regulate the authority for religious endowments and management of its properties and funds.

Article (50)

Private property is protected. It may not be confiscated or seized except for the public benefit in accordance with the provisions of the law. In all cases, it is necessary that there be just compensation. The general confiscation of private property is prohibited. The law shall regulate real estate ownership by foreigners.

Article (51)

Work is a right of every citizen, and the state shall strive, with support from the private sector, to provide work opportunities to those able to undertake it through its development plan. The law shall regulate work relations so as to guarantee justice for all parties and provide for the protection and security of workers. The law shall regulate mandatory work in exceptional circumstances and during natural disasters. Workers may form unions and professional associations in the context of work. The right to protest and strike shall be exercised with the framework of law.

Article (52)

Citizens have the right to assume public office, which is a charge for those who undertake it to serve the society. It shall be assumed on the principles of equality, merit, and equal opportunity in accordance with the provisions of law.

Article (53)

Every citizen has the right to express an opinion in referenda, elections, and in nominating himself or others meeting requirements for nominations, in accordance with the stipulations of the constitution and the provisions of law.

Article (54)

Every citizen has the right to contribute to political activities, individually, or collective. Specifically, he has the following rights and freedoms:

Participation in forming political parties, or joining them, or withdrawing from them in accordance with law.

Participating in forming syndicates, associations, unions, leagues, assemblies, clubs, or institutions, or joining them, or withdrawing from them in accordance with law.

The law shall regulate the procedures for them to acquire legal personality.

Article (55)

Every individual has the right to hold private meetings in a matter not conflicting with law, and to do so without the presence of the police. Every individual shall have the right to assemble and hold public meetings, and to demonstrate in a peaceful manner without bearing arms. It is not permitted to place restrictions on their exercise except that which is imposed by law and forms necessary measures in a democratic society safeguarding the rights and freedoms stipulated in the constitution. The use of violence during demonstrations is forbidden and its use, or the incitement of its use, shall be held to account under the law.

Article (56)

Every citizen has the right to address public authorities and to present and sign written petitions and complaints.

Article (57)

It is not permitted to suspend any basic rights or freedoms. The law shall define those rights and freedoms that may be limited temporarily in exceptional circumstances in matters related to public security and the purposes of defense of national security. The law shall penalize the arbitrary use of power and authority.

Article (58)

Any violation of the basic general rights and freedoms guaranteed by the constitution or law is a crime, and any criminal or civil case arising shall have no statute of limitation. The state shall guarantee just compensation for those who have been harmed.

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Article (59)

An independent public body for rights of the citizens shall be established by law, concerned with monitoring the conditions and rights of citizens and their freedoms. The law shall regulate its formation, responsibilities, and competencies. It shall present its report to the Representative Council, the president of the state, and the prime minister.

Article (60)

The state is responsible for the security of persons and property. It shall work to protect the rights of every citizen internally and abroad.

Article (61)

Defending the nation is sacred duty and serving it is an honor for every citizen. It shall be regulated by law. It is not permitted for individuals and groups to acquire, trade, bear, or possess arms in a manner that is in violation of the provisions of the governing law.

Article (62)

The payment of taxes and public fees is a duty regulated by law.

Chapter Three: Public Authorities

Article (63)

National sovereignty belongs to the people, who are the source of the authorities. They exercise their competencies directly, through referenda and general elections, and through their elected representatives by way of the three public authorities—legislative, executive, and judicial—and by way of their constitutional institutions. No individual or group may claim for itself the right to exercise any of these competencies.

Article (64)

The relationship among the three public authorities shall be based on independence in performing competencies on the basis of the principle of separation, cooperation, and balancing among them. No authority may exercise competencies assigned to another authority according to the provisions of the constitution.

Chapter 3 / Section One: Legislative Branch / Representative Council

Article (65)

The Representative Council shall exercise the legislative authority. It shall establish the general policies of the state and the general budget, which shall be prepared by the Council of Ministers. It shall exercise oversight over the actions of the executive branch in the manner specified by the Constitution.

Article (66)

The Representative Council shall be composed of 150 deputies, representing the Palestinian people. They shall be elected according to the provisions of the constitution and election law. Nomination for membership in the Chamber of Deputies shall be in accordance with the provisions stated in this constitution and in the election law. Whoever runs for the Representative Council must be Palestinian and it is not

permitted after his election to hold the citizenship of another state.

Article (67)

Members of the Representative Council are elected for a period of five years. A member maybe be re-elected more than once. It is not permitted to extend the term of the Representative Council except in case of necessity, and by virtue of a law passed by the Representative Council by a two-thirds majority of its total membership.

Article (68)

The seat of the Representative Council shall be in Jerusalem, the capital of the state of Palestine. Its sessions may be held in different locations based on the request of the speaker or a majority of its members.

Article (69)

Before the Representative Council begins undertaking its constitutional duties, and in the first session it holds, the members swear the following oath: “I swear by Almighty God to be faithful to the homeland, to preserve the rights of the people and the nation and its interests, to honor the constitution and the law, and to undertake my duties rightfully, as God is my witness.”

Article (70)

The Representative Council shall elect in its first meeting of every annual session a speaker, two deputies for the speaker, and a secretary-general, composing the Presidium of the Representative Council. It is not permitted for a member of the Presidium of the Council to assume a ministry or any other government position. A member of the Representative Council may assume a ministry provided that the total of deputies serving as ministers in the government is no more than half of the total number of ministers.

Article (71)

The president of the state shall open the regular round of the Representative Council. The beginning of the first regular session of the Representative Council shall not be valid except with the presence of its speaker or whoever legally acts as his deputy and a majority of at least two-thirds of the members of the Representative Council. The meeting shall continue to be legal for the rest of the regular round with the presence of the speaker of the Council or whoever legally acts as his deputy and an absolute majority of the members of the Council.

Article (72)

The Representative Council meets at the invitation of its speaker every year in regular session in two periods, each of them four months. The first begins in the first week of the month of March, and the second in the first week of September. The president of the state may, with the agreement of the prime minister or by a request of at least one-third of all the members of the Representative Council, call the Representative Council to an extraordinary meeting in case of necessity when then Representative Council is not in its regularly scheduled sessions.

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Article (73)

The Representative Council shall refer challenges to the validity of the membership of any of its member to the Constitutional Court for decision according to the governing law. Each member who does not fulfill the legal conditions for eligibility for election or who loses them faces revocation of his parliamentary membership. This is enforced by decision of the Representative Council with the approval of two-thirds of all of its members.

Article (74)

If the seat of one or more members of the Representative Council becomes vacant due to death, resignation, or loss of qualifications or abilities at least six months before the end of his term in the Council, an election for a successor will be held in the concerned district within thirty days of the seat becoming vacant. The circumstances of loss of qualifications or abilities shall be defined by law.

Article (75)

Sessions of the Representative Council shall be public. The speaker may, by decision of a majority of the members present, decide that the session shall be secret.

Article (76)

The Representative Council shall establish by law its Standing Orders, in order to organize the procedures for carrying out its legislative and oversight tasks and the procedures for accountability of its members within the bounds of its jurisdiction in a manner that does not conflict with the provisions of the Constitution.

Article (77)

The president of the state, the prime minister, the speaker of the Representative Council, or five of its members, shall have the right to propose draft laws. Any proposal that fails to obtain the approval of the required majority may not be presented for discussion in the same session, except by decision that is approved by a two-thirds majority.

Article (78)

Decisions of the Representative Council, including approval of draft laws and the proposed budget, shall be taken by a majority vote of the attendance except in cases where a special majority is a required for approval.

Article (79)

The government shall have the authority to conclude international agreements and treaties that the stat contracts or adheres to. Agreements that impose on the state treasury expenses not included in the budget or place on the citizenry or the state obligations contrary to the law in effect require the agreement of a majority of all members of the Representative Council. The Representative Council shall discuss treaties that affect the independence of the state or the integrity of its territory, in preparation for the government’s presentation for a popular public referendum.

Article (80)

Laws that are ratified by the Representative Council and approved by the President of the State shall become effective

after thirty days from the date of their publication in the Official Gazette, unless the law specifies another time.

Article (81)

Laws shall be published in the official gazette within thirty days:

from the date the law is referred after its approval from the Representative Council to the president for its endorsement.

or from the date the law is referred to the president from the Representative Council after it is passed again by a majority of two thirds of all its members in case of objection from the president to it.

In a case in which the period has lapsed without publication or return of the law, the law is considered effective and it must be published and should be considered issued with the force of the constitution, and the Constitutional Court shall be entrusted with requesting the Representative Council to issue a resolution to publish the law in the Official Gazette.

Article (82)

The Representative Council may form special ad hoc committees, or commission one of its standing committees to investigate the facts in any public matter related to activity of any state institution falling under its oversight. The committee may collect evidence from whomsoever it feels necessary to hear testimony from, examine documents, and obtain statements from all related bodies.

The committee must submit its report to the Representative Council to take the appropriate decision.

Article (83)

The Representative Council alone shall have the right to maintain order and security inside its building or facilities during its sessions or the meetings of its committees. It shall have its special guard under the command of its speaker. Security personnel or any other armed force may not enter or be present in the Representative Council or its facilities except in accordance with a request from the speaker of the Representative Council.

Article (84)

Every member of the Representative Council has the right to direct questions or request clarifications from the prime minister, one of his deputies, one of the ministers, or whoever falls under their authority for them on any subject entering within their competencies. He has the right to resort to obtain the response according to the procedures specified by the Standing Orders of the Representative Council.

Article (85)

Every member of the Representative Council has the right to direct interpellations to the prime minister, one of his deputies, one of the ministers, or whoever falls under their authority in any matter that enters within their competencies. Discussion of the interpellation is not permitted before one week after it is presented unless the person under interpellation agrees to respond or discuss in a shorter period. The period may be shortened by decision of the Representative Council in case of urgency.

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Article (86)

1. After the interpellation, ten members of the Representative Council may request the following:

a. Censure of the prime minister, the minister or who is under his authority, or the government

b. Withdrawal of confidence from the prime minister, the minister or who is under his authority, or the government, according to circumstances.

2. Voting shall not take place until at least three days have passed from the date of submission of the request, and the decision to withdraw confidence shall be taken by a majority of the total members of the Representative Council.

Article (87)

If a majority of all members of the Representative Council agree to withdraw confidence from the prime minister or from more than one-third of the ministers, the government is considered to have resigned. It continues performing its work until such time as the new government is formed. If a majority of all members of the Representative Council agrees to withdraw confidence from a minister, he is considered to have resigned.

Article (88)

If the president of the state or the prime minister, in case of necessity, suggest the dissolution of the Representative Council to the Council of Ministers, then its dissolution may be approved by a majority of two-thirds of its members, and the president shall issue the decision of dissolution. The government shall call voters to conduct an election for a new Representative Council in a period not less than sixty days, in accordance with the procedures specified by the law of elections. If the election is not held during the defined period, the Council returns to exercise its duties until a new Council is elected. It is not permitted for the dissolved Council to withdraw confidence from the government. It is not permitted to dissolve the Representative Council during the first year after it is formed, or in the period of a State of Emergency provide for in the Constitution.

Article (89)

The Government shall call for the election of the Representative Council within sixty days before the end of its legal term in accordance to procedures governed by law. If the government fails to call for elections within the said period, the speaker of the Representative Council may request that the Constitutional Court order the call for elections. If elections cannot be held at the established time because of war, imminent danger of war, or siege that prevents constitutional bodies from functioning regularly, the Representative Council will continue to perform its duties until elections can be carried out within sixty days of the termination of the obstruction.

Article (90)

Charging the president of the state of high treason, breach of the constitution, or commission of a felony is to be based upon the proposal presented by one-third of the members of the Representative Council. The decision to charge shall not be issued except if a majority of two-thirds of all the members of

the Representative Council. Immediately after the charge, the president shall cease performing his duties, and his trial shall take place before the Constitutional Court.

Competence of the Representative Council with Financial Laws

Article (91)

The law shall regulate the provisions related to the government’s preparation of the general budget, its approval, the expenditure of designated funds, the supplementary and development budgets, the budgets of public bodies and institutions, and the projects in which the public sector contributes at least fifty percent of the capital.

Article (92)

The government shall present the draft law of the general budget to the Representative Council at least four months before the beginning of the fiscal year, and the Representative Council shall hold one or more special sessions to discuss it. The discussion and voting shall be held on the clauses and chapters of the budget, then on the budget as a whole, to approve it and refer it to the president of the state for its promulgation.

The Representative Council shall approve the general budget in a period not less than five months from the date of its submission in accordance with the previous paragraph.

Should the Representative Council fail to approve the general budget within the stated period, the president of the state may, based on a decision from the Council of Ministers, promulgate the budget in the form it was presented to the Representative Council.

Article (93)

The Representative Council may not, during discussion of the draft law of the general budget, increase the allocations established in the draft whether in the form of an amendment made to it or by way of borrowing.

Article (94)

The law may stipulate allocation of fund for more than one year in case of necessity or for long-term plans as long as authorization for all of them is included in subsequent budgets or a special budget for more than one fiscal year is established for them.

Article (95)

Conducting transfers among chapters of the budget shall not be permitted except with the consent of the Representative Council.

Article (96)

As an exception to the principle of annual budgeting, and in case of delay in passing it of over one month, and in case the president of the state does not use his right to issue the budget in accordance with Article 90, the government is permitted with the consent of the Representative Council, to designate specified amounts on the basis of monthly authorizations at a ratio of (1/12) one to twelve from the previous budget until the new budget law is promulgated.

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Article (97)

The government must present the final accounting of the budget to the Representative Council within a period not more than six months from the date of the end of the fiscal year.

Article (98)

Designation of public funds or their expenditure shall only be by law. Law shall determine the basis for granting salaries, compensations, assistance, and rewards that are approved from the public treasury as well as the agencies responsible for applying them. Disbursement of any exceptional amount shall not be permitted except within the limitations provided for by law.

Article (99)

Imposition, amendment or cancellation of taxes shall be by law. Taxes and fees shall be accredited to the public treasury and accounted for in accordance with the provisions of the law. Their payment shall not be forgiven except in cases provide for by law. In imposing and Taxation can only be waived in cases determined by law. Attention shall be given in imposing and accounting for them to equality and social justice.

Article (100*) The law shall define the bases for contracting loans and the procedures related to granting concessions and encouraging external investments or obligations connected with the exploitation of natural resources and public facilities.

Rights, Immunities and Duties of Representatives

Article (101)

The financial prerogatives of a member of the Representative Council in terms of remuneration and privileges shall be defined by law. Amendments that the Legislative Council makes to them shall only be effective for the members of the Representative Council that is elected after the Representative Council that approved them.

Article (102)

It is not permitted to infringe upon the immunity of the members of the Legislative Council during their term in office, question them civilly or criminally because of the opinions they express, the facts they mention, or their specific votes in the sessions of the Representative Council or its committees. It is not permitted to question them for what they express outside of the Representative Council in implementation of their representative duties.

Article (103)

It is not permitted to ask a member of the Representative Council to give testimony on a matter connected with their actions or statements or on information he obtained in his capacity during his membership except with the consent and prior approval of the Representative Council.

Article (104)

It is not permitted for a member of the Representative Council to be subject to any criminal procedures or brought before the judiciary unless the Representative Council agrees, by a majority of its members, to lift his immunity or after he clearly waives his immunity before the Representative Council and

the Council accepts the waiver. In the case of apprehension in flagrante delicto of a member committing a felony as defined in the criminal code, it is possible to immediately start criminal proceedings against him or arrest him, provided that the Council Presidium is immediately notified. The Representative Council is then to ensure to the soundness of the proceedings taken against the member. If the Representative Council is not in session, approval must be obtained from the speaker of the Representative Council, and all the Co8uncil must be notified, in the first session it holds, of the procedures that have been instituted against the member.

Article (105)

A member of the Representative Council is responsible to the Council, which may, based on a request from fifty of its members, discuss removing his membership in the Council if he perpetrated a deed that offends the honor of his representative duty. If the Representative Council agrees to the request by a majority of all of its members, the matter is referred to the Constitutional Court, which decides on the request expel the member. The Standing Orders of the Representative Council shall determine the conditions and terms according to which a member is presented with expulsion and the necessary procedures to refer the request of termination to the Constitutional Court. None of this detracts from the personal responsibility stipulated by law for what a member of the Representative Council perpetrates in terms of violations of the law.

Article (106)

Immunity shall not cease with the termination of membership in the Representative Council for the statements and actions that it covered during the time that the member of the Council enjoyed the status of membership.

Article (107)

It is forbidden for a member of the Representative Council, during his term of membership, to be appointed to any public or private employment or to purchase anything from the state property or to rent or sell anything from its property, or to barter for them, or to execute a contract with the state as a concessionaire, importer, or contractor. The law shall preserve the employment and positions of state employees who win membership in the Representative Council. The Representative Council shall decide upon the requests of its members to resign. The Standing Orders of the Representative Council shall regulate the conditions under which the Council shall accept the resignation of one of its members.

Article (108)

A member of the Representative Council is to submit, during the first month of the beginning of his term in office, a personal financial statement for himself, his spouse, and his minor children, detailing what he owns of movable and non-movable property, debt liabilities inside and outside Palestine, and civil liabilities. The statements shall be filed with the Constitutional Court.

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The Advisory Council

Article (109)

An Advisory Council shall be created by virtue of this constitution composed of one hundred and fifty members; it shall have an independent personality. Care shall be taken in its formation to portion of the distribution of population of Palestinians inside Palestine and outside of it. The law shall regulate the terms and methods of election of its members or their appointment according to the countries where they live. The president of the state shall be permitted to appoint members in the Advisory Council who do not bear Palestinian citizenship if they have been distinguished for providing outstanding services to the Palestinian cause, provided that they do not exceed ten members.

Article (110)

The Advisory Council shall be concerned:

With the study of general strategic issues and providing suggestions regarding them.

With providing suggestions in all matters connected with national rights and the integrity of Palestinian soil and the rights of Palestinians abroad.

With discussion of constitutional amendments and expressing an opinion in those that have been proposed.

With topics the president of the state refers to the Council connected to public policy in Arab and international affairs for the state of Palestine.

With draft laws which the president of the state refers to it connected to Palestinians abroad.

With what members of the Advisory Council decide to put forward for discussion on its agenda.

Article (111)

The Advisory Council shall send its recommendations to the president of the state, the prime minister, and the speaker of the Representative Council. The recommendations of the Advisory Council shall be published in the Official Gazette upon the request of the president of the state.

Chapter Three / Section Two: The Executive Branch

First: The President of the State

Article (112)

The president of the state is the president of the republic. He shall defend the constitution and the unity of the people, guarantee the continuity of the endurance of the state, national independence, and the orderly functioning of public authorities. His shall exercise his competencies and his responsibilities shall be defined in accordance with the provisions of the constitution. Except for the competencies constitutionally attributed to the president of the state, the executive and administrative competencies of the government shall be within the competence of the Council of Ministers.

Article (113)

It shall be stipulated that a nominee for the position of president of the state must bear Palestinian citizenship exclusively, not be less than forty years of age on the date of his nomination, and enjoy civil and political rights.

Article (114)

The president shall be elected directly by the people for a period of office of five years. It is not permitted to re-elect anyone who has occupied or occupies the position of president of state except for once.

Article (115)

The president-elect shall assume his duties immediately upon conclusion of his predecessor’s term. If it is the case that the position of president of state is vacant as a result of the commencement of procedures to dismiss the president or as a result of death, resignation, loss of legal qualifications or abilities in accordance with Articles 90 and 118 of this constitution, the new president will begin his duties immediately upon the completion of election procedures. Before exercising the duties of his office, the president shall take the following constitutional oath in front of the Representative Council with the presence of the president of the Supreme Council for the Judiciary: “I swear by Almighty God to be faithful to the homeland and its holy places and to the people and their national heritage; to honor the constitution and the law; and to safeguard fully the interests of the Palestinian people; as God is my witness.

Article (116)

The president shall submit during the first month of his assuming the responsibilities of office a financial statement for himself, his spouse, and his minor children, detailing what they own of movable and non-movable property, debt liabilities inside and outside Palestine, and civil liabilities. The statements shall be filed with the Constitutional Court.

Article (117)

The remuneration of the president of the state shall be determined by law.

Article (118)

The office of the president shall be considered vacant:

Upon death;

Or upon resignation;

Or by loss of legal qualification or inability to perform the constitutional duties by decision issued by the Constitutional Court pursuant to a request by two-thirds of all members of the Representative Council.

Article (119)

If the office of the president becomes vacant or the Representative Council decides to charge him in accordance with Article 90 of the Constitution, the Speaker of the Representative Council shall assume presidency of the state temporarily for a period not exceeding sixty days, during which presidential elections are carried out in accordance with the Law of Elections. Should the Speaker of the Council wish

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to submit his candidacy for presidency, or should a legal hindrance prevent him from assuming presidency, the president of the Constitutional Court shall assume presidency temporarily until the completion of procedures to elect the president. The president of the Court, in this case, may not present himself for the presidency.

Article (120)

The president of the state is to direct the Council of Ministers in setting public policy.

Article (121)

The president of the state shall charge a prime minister upon the recommendation from the party obtaining the largest number of seats in the Representative Council, after conducting consultations with the leaders of the other parties represented in the Representative Council. If he is unable to compose a government during a period of forty-five days, the president shall name a new prime minister from and so on until the government is formed.

Article (122)

The president of the state shall ratify laws after their approval by the Representative Council, within thirty days of their referral to him, and he shall order their publication. The president of the state may, before the end of this period, object once to a draft law that was approved by the Representative Council or request its reconsideration, accompanied by the reasons for his objection within thirty days of having received it. If the aforesaid period ends without ratification of the law or objection to it, the law shall be considered effective and must be published in the Official Gazette, and the Constitutional Court shall request that the president of the state to issue an order to that effect immediately. If the president of the state returns the law approved by the Representative Council within the legal time and the Representative Council approves it again by a majority of two-thirds of all of its members, the law shall be considered effective and it must be published. The Constitutional Court, depending on circumstances and based on the request of the Representative Council, shall take responsibility for issuing the order to publish the law.

Article (123)

The prime minister, or the minister he delegates, is responsible for negotiations for concluding international treaties and informs the president of the state on the course of the negotiations, provided that the conclusion of international treaties is bound by the agreement of the Council of Ministers and approved by the president in accordance with the provisions of Article 79 of this Constitution.

Article (124)

The president of the state performs, in addition to the authorities stipulated in the constitution, the following authorities:

He heads the Council of Ministers when a state of emergency is in effect and in similar exceptional circumstances.

He issues decrees and requests their publication. He has the right to request that the Council of Ministers

reexamine any decrees it has issued also within fifteen days from the date of its delivery to the presidency of the republic. If the Council of Ministers decides by a majority of two-thirds of its members on the issued decree if the period passes without the decree being issued or returned, the decree is considered effective and it must be published.

He alone issues the decree naming the prime minister and the decree accepting the resignation of the government or considering it resigned.

As for other decisions and decrees, it is necessary that the prime minister and the miniser or ministers concerned co-sign them. The prime minister alone co-signs with the president on decrees issuing laws, decrees reexamining laws, and decrees summoning the Representative Council to meet in special sessions.

He delivers when necessary the speech to the Representative Council without discussion.

He forwards draft laws approved by the Council of Ministers to the Representative Council.

He grants special pardons for criminal punishments or lessens them. General amnesties shall only be by law.

He grants medals of state by decree.

Article (125)

The president of the state shall appoint the ambassadors of the state and representatives of the state of Palestine to states and international and regional organizations and relieve them of their duties, on the recommendation of the relevant minister. He shall accept the credentials of representatives of foreign states and international and regional organizations.

Article (126)

The president of the state is the supreme head of the Palestinian national security forces which is headed by a cognizant minister.

Article (127)

The president of the state may establish specialized advisory councils from qualified, specialized and expert persons to participate in expressing opinions and to benefit from national capabilities.

State of Emergency

Article (128)

The president of the state may, by agreement with the prime minister and with the consultation of the speaker of the Representative Council, in case the security of the country is exposed to threat of war or natural disaster or siege in a way that threatens the safety of the society and continuing operation of its constitutional institutions, announce a state of emergency. A state of emergency shall not be declared except when its measures are necessary to restore public order or the organized functioning of the authorities of the state or confront disasters or the state of siege. The effective period of a state of emergency may not extend for over thirty days; it may be

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renewed only once by the agreement of two-thirds of all members of the Representative Council, except in case of war. In all cases, the declaration of the state of emergency must define the goal, region, and time period it covers.

Article (129)

The Council of Ministers may, after the declaration of a state of emergency and if events necessitate speed in taking steps to confront suddenly-arising matters that do not admit of delay until the Representative Council meets, issue decisions to be approved by the president within a period that may not exceed fifteen days. They shall have the force of law. These decisions shall be presented to the Representative Council in its first meeting after the declaration of the state of emergency or in the session to extend the state of emergency, whichever comes first, to pass them or their legal force ceases retroactively. If the Representative Council does not approve them their legal effectiveness ceases and the Council shall decide the method to settle their effects without harm to the material rights of others.

Article (130)

It is not permitted during a state of emergency to impose limitations on basic rights and freedoms except to the extent necessary to preserve public order in the country. All decisions and actions the Council of Ministers takes during the state of emergency are subject to judicial review. The competent court shall begin examination of submitted grievances within a period not exceeding three days.

Second: The Prime Minister

Article (131)

Whoever is appointed prime minister or minister must bear Palestinian citizenship exclusively and have reached at least thirty-five years of age.

Article (132)

The prime minister shall be responsible for formation of the government and he shall mention in the formation which he presents to the president the portfolio which is assigned to each minister. The prime minister shall present the members of his government and his program to the Representative Council to obtain confidence.

Article (133)

If the prime minister fails to obtain the confidence of the Representative Council within three weeks of his being charged the president will charge a new prime minister in accordance with Article 121 of the constitution. Until the new government succeeds in obtaining the confidence of the Representative Council, the outgoing prime minister leaving office shall be considered head of a caretaker government in the narrow sense.

Article (134)

The prime minister supervises the work of the ministers. Each minister shall be responsible to the Council of Ministers according to the procedures established by the provisions of this constitution. The prime minister and the ministers are responsible individually and collective to the Representative Council for the actions of the government.

Article (135)

When making a ministerial change, adding a minister, or filling a vacancy for any reason whatsoever, it is necessary that the new minister(s) be presented to the Representative Council in the first session the Council holds after the ministerial change in order to vote confidence in him/them. If the number of those included in the change exceeds one-third of the members of the government, it is necessary to put forward the confidence in the ministry as a whole. In all cases, it is not permitted for the prime minister or any minister to exercise the duties of his position except after he has obtained confidence from the Representative Council.

Article (136)

After obtaining the confidence, the prime minister and the ministers shall take the following oath before the president of the state and the Representative Council in a joint session: “I swear by Almighty God to be faithful to the homeland, to preserve the rights of the people and the nation and its interests, to honor the constitution and the law, and to undertake my duties rightfully, as God is my witness.”

Article (137)

The prime minister exercises the following competencies:

He represents the government and speaks in its name. He is considered responsible for the implementation of public policy as set by the Council of Ministers.

He presents the general policy of the government to the Representative Council.

He summons the Council of Ministers to meeting, establishes the agenda, informs the president of it, and presides over its sessions.

He oversees the work of public agencies and institutions, coordinates among ministers, and gives general instructions to ensure proper functioning of work.

He signs executive and regulatory decrees.

He oversees the executive of laws and regulations and coordinates government policies and programs.

He approves appointments for senior positions, based on the recommendation from the cognizant minister in accordance with legally-determined principles for appointments in ministries and state agencies.

He submits suggestions for draft laws.

He orders the publication of laws passed by the Representative Council after the president of state has approved them they are considered to have become legally effective.

Any other competencies designated to him by law.

Article (138)

Neither the prime minister nor any minister may combine the ministry with any other work, pursue a free profession, buy or rent any state property, rent or sell to it any of his property, or barter with it. It is forbidden for the prime minister or any minister to use information which he obtained directly or

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indirectly by virtue of his work to realize material game for him or fore any other person in violation of the law.

Article (139)

The prime minister and ministers shall receive monthly compensation and pension established by law.

Article (140)

The prime minister and the ministers shall each individually submit, within thirty days of receiving confidence, a financial statement for him, his spouse, and his minor children, detailing what they owns of movable and non-movable property, debt liabilities inside and outside Palestine, and civil liabilities. The statements shall be filed with the Constitutional Court.

Third: The Council of Ministers (The Government)

Article (141)

The Council of Ministers shall be composed of the prime minister and a number of ministers, at most half of them members of the Representative Council.

Article (142)

Executive authority shall be entrusted with the Council of Ministers.

Article (143)

The Council of Ministers shall meet regularly on the call of the prime minister who shall preside at its meetings. The legal quorum for its convening is two thirds of all of its members. It takes its votes by a majority of those present as long as there is no contradictory text in the constitution or in the ordinance of the Council. The Council of Ministers exercises its competences in accordance with the constitution, the law, and the ordinances regulating the work of the government.

Article (144)

The Council of Ministers shall have the following competencies:

Setting public policy, in the light of the ministerial program approved by the Representative Council.

Implementing public policy as established, laws and regulations, ensuring compliance therewith, and proposing new draft laws.

Preparing the draft general budget to be presented to the Representative Council for approval.

Organizing, supervising, and overseeing the work of the agencies, institutions, and offices of the state at their various levels.

Monitoring the performance of the ministries, public agencies and institutions, and offices and overseeing their work.

Discussing the proposals, plans, and policies of each ministry in the field in which it exercises its competencies.

Approving the system of administrative formations.

Issuance of organizational regulations, regulations necessary for measures to implement laws, regulations of controlling and organizing public interests and facilities.

Appointing civilian and military personnel, pursuant to the recommendation of the cognizant minister, and in accordance with the stipulations of law.

Any other competencies granted pursuant to the provisions of the constitution and the law.

Article (145)

The law regulating the work of the executive authority shall establish standing committees in the Council of Ministers. From among their chairs one or more deputy shall be selected for the prime minister.

Article (146)

The Council of Ministers shall issue the regulations necessary for the exercise of its powers.

The Ministers

Article (147)

The minister is the supreme administrative head of his ministry. Each minister shall have the following competences within the sphere of the ministry with which he is entrusted, under the supervision of the prime minister:

Proposing public policy for his ministry and overseeing its implementation after its adoption.

Overseeing the course of work at the ministry and issuance of the necessary directives for the performance of his duties.

Submitting to the council of ministers proposed draft laws related to his ministry.

Implementing the general budget within the scope of his ministry and according to the allocations approved for it.

Choosing senior employees and recommending them for appointment by the Council of Ministers. The appointment of employees of lower ranks will be among the competencies of the minister within the framework of the law and within the limits of the budget.

Delegating some of his administrative competences to the deputy minister or other senior administrative officials in his ministry in accordance with the law.

Supervising the implementation of laws and regulations related to his ministry.

Any competence legally assigned to him.

Article (148)

Each minister shall work within the boundaries of his competence to execute the laws, regulations, and governmental plans and programs in the manner indicated in this constitution and the laws regulating the work of the executive branch.

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Article (149)

Indicting the prime minister or a minister for high treason, violating the constitution, or committing a crime shall be based on a request submitted by one-third of the members of the Representative Council. The decision to indict shall not be issued unless two-third of all the members of the Representative Council agree. The accused shall be referred for investigation immediately after the issuing of the decision to indict.

Article (150)

Whoever is referred for investigation ceases performing his duties, simply by virtue of the decision of referral, until a final judicial judgment is issued acquitting him from the Constitutional Court. The Attorney General or his representative assumes responsibility for the procedures of investigation and indictment. Termination of service or resignation shall not prevent undertaking legal action or its continuation.

Article (151)

The government shall be considered to have resigned and shall be re-formed:

At the beginning of a new term of the Representative Council following every general election.

Or after confidence is withdrawn from the prime minister or from the government, or from more than one-third of the ministers in accordance with Article 87 of this constitution.

Or in case of the death of the prime minister.

Or upon the resignation of the prime minister or the resignation of at least one-third of the members of the Council of Ministers.

Or upon the prime ministers loss of his qualifications or capacity to perform the duties of his office, in accordance with a request from a majority of all of the members of the Representative Council and the issuance of a decision to that effect from the Constitutional Court.

Article (152)

The resigned government shall continue in directing government affairs until a new government is formed in accordance with the provisions of the constitution.

Security forces

Article (153)

The national security forces belong to the Palestinian people. They shall assume the task of protection and security of the Palestinians and defense of the homeland. The cognizant minister shall head them and the president of the state shall be the supreme head. It shall be forbidden to form armed groups outside of the network of national security forces. The law shall regulate the terms and condition for the announcement of general conscription.

Article (154)

The police is a civilian organization. It is part of the Ministry of Interior, and the law shall regulate its role in the service of the people, defense of the society, and vigilance in preserving security, public order, and public morals. It shall perform its duty within the limits that are established by law and with complete respect for the rights and freedoms stipulated in this constitution.

Public Administration

Article (155)

Appointment of public employees and all persons working for the state and the conditions of their employment shall be according to law.

Article (156)

The law shall regulate everything connected with the affairs of the civil service, including appointment, transfer, seconding, promotion, and retirement. The General Personnel Bureau, in coordination with cognizant government departments, shall work to improve and develop public administration. Its opinion shall be solicited on draft laws and regulations related to public administration and those employed in it.

The General Audit Organization

Article (157)

An independent organization with legal personality shall be established by law to be named the “General Audit Organization.” The law shall regulate its competencies, the manner of its formation, and the principles of its work. The president of the “General Audit Organization” shall be appointed by a decision from the president of the state pursuant to nomination from the Council of Ministers and approval by the Representative Council.

Local administration

Article (158)

The law shall regulated the relationship between the government and the local unites on the basis of administrative decentralization. The units of local governance shall enjoy legal personality. Their councils shall be elected. The law shall provide for the method of their establishment, formation, the election of their councils, competencies, and jurisdictions.

Chapter Three / Section Three: The Judicial Branch

Article (159)

The judicial branch shall be independent. It shall have original jurisdiction to perform the judicial function and to decide in all disputes and crimes. The law shall define the institutions of the judicial branch and regulate their structure. It shall define the types of courts, their levels, jurisdictions and procedures. Exceptional courts may not be formed.

Article (160)

A Supreme Council for the Judiciary shall be entrusted with the affairs of the judicial institutions. The law shall define its formation and competencies, ensuring its independence and guaranteeing its equality in the framework of cooperation with the other public authorities. Its opinion shall be solicited in

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draft laws regulating the affairs of the judiciary. It shall establish its internal regulation.

Article (161)

The president of the Supreme Council for the Judiciary shall be appointed by a decision made by the president of the state in accordance with the law, and he shall be approved by the Representative Council. The law shall regulate the methods of the appointment of the members of the Supreme Council for the Judiciary and the necessary requisites that each of them shall have.

Article (162)

The Supreme Council for the Judiciary shall establish, in accordance with the law, the regulations governing appointments, assignments, transfers, promotions and disciplinary measures related to judges.

Article (163)

A judge shall swear the legal oath before the Supreme Council for the Judiciary in the manner prescribed by the law of the judicial branch.

Article (164)

A judge shall submit upon his appointment a personal financial statement for himself, his spouse and his minor children, detailing what they own of movable and non-movable property, debt liabilities inside and outside Palestine, and civil liabilities. The statements shall be filed with the Constitutional Court.

Article (165)

Court sessions shall be public, unless the court decides they shall be secret for reasons

related to public order or morals

or by agreement of the court upon the request of the litigants.

In all circumstances, sentences shall be pronounced in a public hearing.

Article (166)

Judicial judgments shall be issued, pronounced and executed in the name of the people in accordance with the law.

Article (167)

Litigation procedures shall be regulated by law so as to guarantee justice and expeditious decisions in cases.

Article (168)

Judges are independent. There shall be no authority over them in their judicial duties except the law and their conscience, and they shall not be removed.

The law shall regulate the terms of the end of their duties and disciplinary questioning of judges before the Supreme Council for the Judiciary in cases defined by law without infringement on their independence in performing their duties. It is not permitted for anyone to intervene in the course of justce or to delay the implementation of judicial judgments. Intervention in the course of justice or delaying implementation of judicial

judgments shall be considered a crime punishable by law, and such cases arising shall have no statute of limitation.

Article (169)

The terms of appointment, transfer, seconding, promotion, and regulation of affairs of the judges shall be defined by a law. It shall not be permitted to combine the judicial profession with any other profession, membership in the Representative Council, or membership in political parties. A judge shall not be permitted, while being entrusted with the judicial profession, to bear any citizenship other than Palestinian citizenship.

Article (170)

A court of cassation shall be constructed with jurisdiction over appeals in criminal and civil matters. The method of its formation, jurisdiction and operational procedures shall be defined by law.

Article (171)

A high court of justice shall be established with jurisdiction to decide administrative disputes and disciplinary cases as they are defined by its establishing law, which shall regulate the bases of its operating, the terms of the appointment of its judges and employees, and the procedures which are to be followed before it. The construction of lower administrative courts is to be permitted by law.

Article (172)

A military court shall be established by law with jurisdiction to decide in military cases. It may not try civilians or decide in any case outside the military sphere.

Office of the Attorney General

Article (173)

The Office of the Attorney General is one of the organs of the judicial branch. It is part of the Ministry of Justice and governed by the law of the judicial branch.

Article (174)

An attorney general shall be appointed at the head of the Office of the Attorney General, by nomination by the miniser of justice and decision of the Council of Ministers. The law shall determine the competencies of the attorney general, his assistants, and their duties.

Article (175)

The Office of the Attorney General shall undertake public cases in the name of the people in accordance with the provisions of the law.

Article (176)

The judicial police shall fall under the judicial authority and be subject to its direct supervision.

Article (177)

The Ministry of Justice shall be entrusted with the organization of offices related to the administration of judicial facilities, without infringing on the professional supervision of the Supreme Council for the Judiciary over the judiciary, including the Office of the Attorney General.

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The Constitutional Court

Article (178)

A Constitutional Court shall be established by virtue of the constitution to exercise its jurisdiction independently in order to defend the legality of the work of state institutions. It shall be composed of nine judges appointed by the head of state by nomination from the Council of Ministers and approved by the Representative Council. The Court shall set its internal regulation which will organize the procedures of its work. The judges shall be appointed for one term of nine years that shall not be renewed or extended.

Article (179)

The judges of the Constitutional Court shall elect a president from among their number for a term of three years. The president and of the Court and the judges in the Constitutional Court shall swear the legal oath before discharging their duties before a meeting of the president of the state, the speaker of the Representative Council and the president of the Supreme Council for the Judiciary.

Article (180)

A judge on the Constitutional Court shall not be permitted to assume any other public employment or conduct any commercial, political or partisan activities. If he belonged to a political party, he must resign before swearing the legal oath.

Article (181)

Membership of a judge in the Constitutional Court shall terminate in one of the following cases:

At the end of the judge’s term stipulated in the Constitution.

By voluntary resignation.

By loss of one of the conditions of assuming duties.

By judicial conviction of a felony.

A successor shall be appointed within one month of the position becoming vacant.

Article (182)

The Constitutional Court shall rule, pursuant to a request from the president of the state, the prime minister, the speaker of the Representative Council, ten members of the Representative Council, the Courts of Appeal, Cassation, or High Justice, or the Attorney General in the following questions:

The constitutionality of laws before they are promulgated, if the request was brought before it within 30 days from the referral of the law to the president of the state to approve and promulgate it;

Disputes related to the constitutionality of laws, regulations, ordinances, measures and decisions issued by the president or the council of ministers which have the force of law.

Interpretation of constitutional texts in case of a dispute concerning the rights, duties, and competences of the three authorities, and in case of a

dispute over jurisdiction between the president of the state and the prime minister;

Problems connected with the constitutionality of the platforms and activities of political parties and associations, procedures to dissolve them or freeze their activities, and the extent of conformity of these measures with the constitution.

The constitutionality of concluding international treaties, joining them, the procedures of implementing them, and deciding the nullification of the law or some of its articles should they conflict with the constitution or an international treaty.

Any other jurisdictions assigned to it by this Constitution.

Article (183)

The Constitutional Court shall render void an unconstitutional law, regulation, ordinance or procedure, or end its effectiveness, in accordance with the conditions and terms that the law organizing its construction defines.

Article (184)

The decisions of the Constitutional Court shall be final and may not be appealed in any manner. They are binding on all public authorities and natural and legal persons.

Chapter Four: Concluding Provisions

Article (185)

This constitution shall be called the “Constitution of the State of Palestine.” It is based on the will of the Palestinian people. The Palestine National Council of the Palestine Liberation Organization shall adopt this constitution before the establishment of the independent Palestinian state with sovereignty. In the case that the Palestine National Council cannot meet, the Palestine Central Council shall adopt this constitution. After the establishment of the state, and immediately after the first general election, the elected Representative Council shall assume the authority of establishing this constitution in its current form as it is adopted by the Palestine National Council of the Palestine Liberation Organization or the Palestinian Central Council, according to circumstances, and that by agreement of two-thirds of all members of he Representative Council. And the Council shall decide, by a majority of all of its members, to present the constitution to a general popular referendum to approve it. If the majority of the participants in that referendum agree to the constitution, it is considered effective from eh date of the announcement of the result of the referendum.

Article (186)

The president of the state, the prime minister, or one-third of the members of the Representative Council may request the procedure for amending the constitution, by addition, deletion, or amendment of one or more articles. In all cases, the principle of conducting the amendment must be passed by the agreement of a majority of two-thirds of all members of the Representative Council. If the request is rejected, it is not permitted to request the amendment of the constitution before one year has passed since this rejection. The Representative Council shall discuss within sixty days after agreeing on the

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request of the amendment, the clause or clauses that it is desired be changed. If two-thirds of all members agree then the amendment is considered accepted. The Representative Council may also, by a majority of all its members, decide to present the amendment to general popular referendum to approve it. If a majority of the participants in the referendum agree with the amendment, it is considered effective from the date of the announcement of the result of the referendum.

Article (187)

Insofar as they do not conflict with the provisions of this constitution, the laws, regulations, decisions, agreements, and treaties effective before the beginning of this constitution remain in effect until they are changed or amended in accordance with the law.

Article (188)

The legislative authority shall undertake the preparation and approval of the necessary draft laws to establish the legal and administrative structure to implement the provisions of this constitution and its requirements and to establish institutions which are stipulated, within a period at most six months from the date of the issuing of the constitution.

Article (189)

Official institutions shall continue to exercise their competencies according to constitutional and legal rules that regulate them until the time that the legislation required by the Constitution is promulgated.

Article (190)

The Basic Law, promulgated on May 29, 2002, and anything contrary to the provisions of this constitution are abolished.

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Palestine 2002 Basic Law2002 Basic Law

The Basic Law. Ramallah: 2002. Miftah, http://www.miftah.org/Display.cfm?DocId=790&CategoryId=7, accessed 13 December 2007. This is the Basic Law that was passed by the Palestinian Legislative Council (PLC) in 1997, and ratified by President Yasser Arafat in 2002.  Note that the 2002 Basic Law does not include the post of prime minister, and a number of competencies were transferred from the president to the cabinet in the 2003 amendment. Variations between the two are considerable in the sections that concern the authorities of the president and the cabinet. Please consult the Amended Basic Law of 2003 for the version that is currently in force.

Palestinian Legislative Council (PLC) NAME OF DRAFT BILL: BASIC LAW SUBMITTED BY: THE COUNCIL OF MINISTERS COUNCIL’S READING: THIRD READING NO. OF DRAFT BILL: DATE: 02.10.1997

Ratified in Ramallah on May 29, 2002.

Chapter One

Article 1

Palestine is part of the large Arab World, and the Palestinian People are part of the Arab Nation. Arab Unity is an objective which the Palestinian People shall work to achieve.

Article 2

The Palestinian People are the source of all power, which shall be exercised through the legislative, executive, and judicial authorities, based on the principle of separation of powers, and in the manner set forth in this Basic Law.

Article 3

Jerusalem is the Capital of Palestine.

Article 4

1. Islam is the official religion in Palestine. Respect and sanctity of all other heavenly religions shall be maintained. 2. The principles of Islamic Shari’a shall be the main source of legislation. 3. Arabic shall be the official language.

Article 5

The governing system in Palestine shall be a democratic parliamentary system based on political and party pluralism. The President of the National Authority shall be directly elected by people. The Government shall be responsible to the President and to the Palestinian Legislative Council.

Article 6

The principle of the rule of law shall be the basis of government in Palestine. All authorities, powers, agencies, institutions and individuals shall be subject to law.

Article 7

Palestinian citizenship shall be regulated by law.

Article 8

The flag of Palestine shall be in four colors, and in accordance with the dimensions and measurement approved by the Palestinian Liberation Organization. It shall be the official flag of the country.

Chapter Two – Public rights and freedoms

Article 9

All Palestinians are equal under the law and judiciary, without discrimination because of race, sex, color, religion, political views, or disability.

Article 10

1. Basic human rights and freedoms shall be binding and respected. 2. The Palestinian National Authority shall work without delay to join regional and international declarations and covenants which protect human rights.

Article 11

1. Personal freedom is a natural right, and shall be guaranteed and protected. 2. It is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of, any person, except by judicial order in accordance with the provisions of law. The law shall specify the period pre-arrest detention. Imprisonment or detention shall only be permitted in places that are subject to laws related to the organization of prisons.

Article 12

Every arrested person shall be informed of the reasons for his arrest or detention. He shall be promptly informed, in a language he understands, of the nature of the charges brought against him. He shall have the right to contact a lawyer and to be tried without delay.

Article 13

1. No person shall be subject to any duress or torture. All persons deprived of their freedom shall receive proper treatment. 2. All statements or confessions obtained through violation of paragraph one of this article shall be considered null and void.

Article 14

The accused is innocent until proven guilty in a court of law that guarantees the right to defend himself. Any person accused in a criminal case shall be represented by a lawyer.

Article 15

Punishment shall only be imposed upon individuals. Collective punishment is prohibited. Crime and punishment shall only be determined by law. Punishment shall be imposed only by judicial order, and shall apply only to actions committed after the promulgation of law.

Article 16

It is unlawful to conduct any medical or scientific experiment on any person without his prior legal consent. No person shall be subject to medical examination, treatment, or surgery, except in accordance with law. Transplantation of human organs, and new scientific developments shall be regulated to serve legitimate humanitarian purposes.

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Article 17

Homes shall be inviolable; thus, they shall not be subject to surveillance, entrance or search, except in accordance with a valid judicial order, and in accordance with the provisions of law. Any consequences resulting from violations of this article shall be considered invalid. Individuals who suffer from such violation shall be entitled to fair compensation guaranteed by the Palestinian National Authority.

Article 18

Freedom of belief and the performance of religious rituals are guaranteed, provided that they do not violate public order or public morals.

Article 19

Every person shall have the right to freedom of thought, conscience and expression, and shall have the right to publish his opinion orally, in writing, or in any form of art, or through any other form of expression, provided that it does not contradict with the provisions of law.

Article 20

Freedom of residence and movement shall be guaranteed within the limits of law.

Article 21

1. The economic system in Palestine shall be based on the principle of free market economy. The Executive Authority may establish public companies which shall be organized in accordance with law. 2. The freedom of economic activity is guaranteed. The law shall organize its supervising rules and limitations. 3. Private property shall be protected and, shall not be expropriated except in the public interest, and for a fair compensation in accordance with the law, or pursuant to a judicial order. 4. Confiscation shall be in accordance with a judicial order.

Article 22

1. Social, health, disability, and retirement insurance shall be regulated by law. 2. The welfare of families of martyrs’, prisoners of war, the injured, and the disabled, shall be regulated by law. The National Authority shall guarantee them education services, health and social insurance.

Article 23

Proper housing is a right for every citizen. The Palestinian National Authority shall secure housing for those without shelter.

Article 24

1. Every citizen has the right to education. It shall be compulsory until at least the end of basic grades, and it shall be free in public schools and institutes. 2. The Palestinian National Authority shall supervise all levels of education and its institutions, and shall strive to upgrade the educational system. 3. The Law shall guarantee the independence of universities, higher institutes, and scientific research centers, in a manner that guarantees the freedom of scientific research, as well as literary, artistic, and cultural creativity. The Palestinian National Authority shall encourage and support such creativity. 4. Private schools and educational institutions

shall comply with the curriculum approved by the Palestinian National Authority, and shall be subject to its supervision.

Article 25

1. Work is a right, duty and honor. The Palestinian National Authority shall strive to provide it to any individual capable of performing it. 2. Work relations shall be organized in a manner which guarantees justice and provides security, health, and social insurance to all workers. 3. Organization of unions and guilds is a right which shall be regulated by law. 4. The right to conduct a strike shall be exercised within the limits of law.

Article 26

Palestinians shall have the right to participate in the political life individually and in groups. They have the following rights in particular: 1. To establish and join political parties in accordance with the law. 2. To establish unions, guilds, associations, societies, clubs, and public institutions in accordance with the law. 3. To Vote and nominate for election, representatives among them by ballot in accordance with the law. 4. To hold public office and positions in accordance with the principle of equal opportunities. 5. To conduct special meetings without the presence of police members, and to conduct public meetings, processions, and assemblies, within the limits of law.

Article 27

Establishment of newspapers and all media means is a right for all, guaranteed by this Basic Law. However, their financing resources shall be subject to law. Freedom of audio, visual, and written media, as well as freedom to print, publish, distribute, transmit, together with the freedom of individuals working in this field, is guaranteed by this Basic Law, other related laws. Censorship on media shall be prohibited. No warning, suspension, confiscation, cancellation, or restrictions shall be imposed on media except by law, and in accordance with a judicial order.

Article 28

No Palestinian may be deported from the homeland, prevented or prohibited from returning to or leaving it, deprived of his (citizenship), or surrendered to any foreign entity.

Article 29

Maternity and childhood welfare is a national duty. Children shall have the right to: 1. Comprehensive protection and welfare 2. Not to be exploited in any purpose, and shall not be allowed to perform works which might damage their safety, health, or education. 3. Protection from harm and cruel treatment 4. Law prohibits beating children and treating them cruelly by their relatives. 5. Shall be segregated in case they are sentenced form adults, and treated in a manner which is appropriate to their age and rehabilitation.

Article 30

1. Litigation is a protected and guaranteed right to all people. Each Palestinian shall have the right to find sanctuary in the legal system. Litigation procedures shall be organized by law to guarantee prompt settlement of cases. 2. Laws shall not make any decision or administrative work immune against judicial control. 3. Judicial mistakes shall result in

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compensation by the National Authority. Conditions and methods of such compensation shall be regulated by law.

Article 31

An independent commission for human rights shall be established by law, which will specify its formation, duties, jurisdiction. The Commission shall submit its reports to the President of the National Authority, and to the Palestinian Legislative Council.

Article 32

Each aggression committed against any personal freedom, against private life of human being, or against any of rights or freedom, which have been guaranteed by the law or by this basic law, shall be considered as a crime. Criminal and civil case resultant from such infringement shall not be subject to any status of limitation. The National Authority shall guarantee fair indemnity for those who suffered from such damages.

Article 33

A balanced and clean environment is one of the human rights. The preservation and protection of the Palestinian environment from pollution, for the sake of present and future generation, is a national duty.

Chapter Three – The Legislative Authority

Article 34

1. The Palestinian Legislative Council is the elected legislative authority. 2. Without prejudice to the provision of this law, the Legislative Council shall assume its legislative and oversight duties, as prescribed in its Standing Orders. 3. The term of this Council shall be the interim period.

Article 35

1. The Legislative Council shall be composed of 88 Members elected in accordance with law. 2. If the position of one Member or more became vacant due to death, resignation, or loss of legibility, elections shall be conducted in the concerned constituency to elect a successor in accordance with law.

Article 36

Before taking on any responsibility, every Member shall swear the following oat before the Council: – “I swear by Allah Almighty to BE faithful to the Homeland, and to preserve the rights and interests of the people and nation, and to respect law and perform my duties in the best manner, as Allah is my witness”.

Article 37

In its first meeting, the Council shall elect a Speaker, two deputies, and a Secretary General; in all they makeup the Presidency Office of the Council. It is not allowed to combine between Membership in the Presidency office of the Legislative Council, the Presidency of the Executive Authority, and membership in the Cabinet, or any other governmental position.

Article 38

The Council shall accept the resignation of its Members, and establish its own Standing Orders, as well as rules of

questioning its Members, in a way which does not contradict with the provisions of this Basic Law, or with the general constitutional principles. The Council shall be solely responsible for maintaining order and security during sessions and meetings of its committees. Security men shall not be present in the Council, unless requested by the Speaker, or by the Head of the Committee according to the situation.

Article 39

The President of the Palestinian National Authority shall open the ordinary session of the Council and deliver his opening statement.

Article 40

1. Members of the Council shall not be questioned, through either a civil or criminal procedure, because of their actions, or opinions, or votes in the Council’s sessions and Committees’ meetings, or because of any action they undertake outside the Council in the course of their functions as Members, to enable them perform their parliamentary mission. 2. No Members shall be disturbed in any manner, nor shall any search be made of his luggage, house, place of residence, car, or office, and in general any real estate or transferable property, throughout the period of immunity. 3. No Member of the Legislative Council shall be asked during the period of membership or subsequently , to testify on any subject related to his actions or statements or information he obtained as a result of his membership on the Council, unless he agrees to do so, and as per the prior consent of the Council. 4. No penalty measures shall be taken against any Member of Legislative Council, unless the Member is found red-handed “Flagratne delicto”. However, the Council shall be notified immediately about the measures taken against the Member, so that the Council shall take the proper action in this regard. The Office of the Council shall assume this responsibility if the Council is not convened. 5. The Member of the Legislative Council shall not relinquish his immunity without a prior permission of the Council. Immunity shall not be dropped after ceasing to be a Member of the Council, within the limits which have been included during the membership period.

Article 41

1. The Member of the Legislative Council shall not exploit his membership on Council, in any other type of private business, or in any manner whatsoever. 2. Every Member of the Legislative Council shall present a financial statement for himself, his wife, his dependent “minor” children, detailing what they own in real estate, transferable property inside Palestine and abroad, and their debts, to the Speaker of the Council. This declaration “Statement” shall be kept in a sealed and classified envelope at the Supreme Court of Justice, and shall not be disclosed unless approved by the Court, and within the limits it allows.

Article 42

The Member of the Legislative Council shall receive a monthly salary determined by law.

Article 43

Each Member of the Council shall have the right to: 1. Submit to the Executive Authority all necessary and legitimate requests, which will enable him exercise his parliamentary

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duties. Propose laws. Rejected proposals shall not be resubmitted within the same term of the period of the year. 2. Address inquiries and interrogatories to the Government or to any Minister, or alike. Interrogatories shall be discussed only seven days after submission, unless the addressee agrees to reply promptly or within a shorter notice. However, this period can be curtailed to three days in case of urgency as per the approval of the President of the National Authority.

Article 44

1. Ten Members of the Council may submit a request after the interrogation, to withdraw confidence from the Government or from any Minister. However, voting on such request shall be at least three days after submission. A decision shall be issued by a majority vote of the Council’s Members. 2. The withdraw of confidence shall result in terminating the term of the party in whom confidence was lost.

Article 45

The Council may form special committee, or entrust one of its committees to conduct information-gathering and fact-finding in any public matter, or in any public institution.

Article 46

The Legislative Council shall approve the General Development Plan. The law shall determine the way to prepare and present the Plan to the Council.

Article 47

The law shall regulate the specific procedures regarding the preparation and approval of the general budget, as well as the attached budgets, developmental budgets, the budgets of public institutions and assemblies, and the budget of every project in which the government’s investment comprises 50% or more of its capital. The law shall also regulate the spending of funds appropriated in these budgets.

Article 48

Taking into consideration the provisions of Article (81) of this Basic Law: 1. The Government shall present the budget proposal to the Legislative Council at least two months before the beginning of the fiscal year. 2. The Legislative Council shall convene a special session to discuss the annual budget proposal. It either ratifies it prior the start of the new fiscal year, or send it back to the government in a period not exceeding one month from the date of receipt. The returned budget shall include the Council’s comments, in order to complete the necessary requirements and return it to the Council for approval. 3. Voting on the general budget, in the Council, shall be chapter by chapter. 4. Transfer of funds among the budget’s chapters is not permitted, unless there is an agreement between the Legislative Council and the Executive Authority in this concern.

Article 49

The final accounts of the National Authority’s budget shall be presented to the Legislative Council no later than one year from the end of the fiscal year. The Council shall vote on the final accounts chapter by chapter.

Chapter Four – The Executive Authority

Article 50

The Executive Authority is the highest executive and administrative tool, which shoulders the responsibility of developing a program that will be approved by the Legislative Authority for implementation. The President of the National Authority, and the Council of Ministers shall assume the responsibility of the Executive Authority in the manner prescribed in this Basic Law.

First: The President

Article 51

The President of the Executive Authority shall be elected in a general and direct elections by the Palestinian People in accordance with the Palestinian Election Law.

Article 52

Before assuming office, the President shall take the following oath before the Legislative Council, and in the presence of the Chief of the Palestinian National Council, the Chief of Supreme Court “I swear to Allah Almighty to be faithful to the Homeland and to its sacred places, and to the people and its national heritage, and to respect the Constitutional system and the law, and to safeguard the interests of the Palestinian people completely, as Allah is my witness”.

Article 53

The term of the Presidency shall be the Transitional Phase, after which the President shall be elected in accordance with law.

Article 54

1. The office of the President shall be considered vacant in any of the following cases: 1st. Death 2nd. Resignation submitted to the Palestinian Legislative Council if accepted by two thirds of its Members. 3rd. Considered legally incompetent, as per a ruling issued by the Supreme Constitutional Court, and subsequently approved by two thirds of the Palestinian Legislative Council. 2. If the office of the President of the National Authority becomes vacant due to any of the above cases, the Speaker of the Palestinian Legislative Council shall assume the powers and duties of the Presidency of the National Authority, temporarily for a period not exceeding (60) sixty days, during which free and direct elections to choose a new president shall take place in accordance with the Palestinian Elections Law.

Article 55

The President is the Commander-in-Chief of the Palestinian Forces.

Article 56

The President of the National Authority shall appoint and terminate the services of the National Authority’s representatives at foreign countries, international organizations and foreign agencies. Further, the President shall accept the credentials of foreign representatives at the Palestinian National Authority.

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Article 57

1. The President of the National Authority shall promulgate laws after being ratified by the Palestinian Legislative Council within (30) thirty days from referring them to him. Otherwise, the President shall return the laws to the Council within the same specified period, together with his comments and objections, or else, the laws shall be considered approved and promulgated immediately in the official gazette. 2. If the President of the National Authority returns the proposed law within the deadline and conditions mentioned in the previous paragraph, and the Council debates it and passes it again with a two third majority, the proposed law shall be considered ratified and shall be published in the official gazette.

Article 58

The President of the National Authority and the Council of Ministers shall have the right to propose laws, issue regulations, and take the necessary actions to execute laws.

Article 59

The President of the National Authority has the right to pardon or commute sentences. General amnesty, however, shall not be granted except through a law.

Article 60

The President of the National Authority shall have the right in exceptional cases, which can not be postponed, and while the Legislative Council is not in session, to issue decisions and decrees that have the power of law. However, the decisions issued shall be presented to the Legislative Council in the first session convened after their issuance, otherwise they will cease to have the power of law. If these decisions were presented as mentioned above, but were not approved, then they shall cease to have the power of law.

Article 61

The President’s salary, allowances and compensations shall be determined by a law.

Second: The Council of Ministers

Article 62

The President of the National Authority shall appoint Ministers, remove them, and accept their resignations and presides over the meeting of the Council of Ministers.

Article 63

The President shall be assisted by the Council of Ministers in the performance of his duties and the exercise of his powers in the manner explained in this Basic Law.

Article 64

1. After the selection of the member of the Council of Ministers by the President of the National Authority, he shall present them to the Legislative Council in the first session for a vote of confidence, after listening to the Ministerial statement, that defines the Government’s policy and program. 2. If an absolute majority of the Council does not grant the vote of confidence to all of the Cabinet members, or to any one or more of them, the President of the National Authority shall present a replacement in the next session provided that this is completed within two form the date of the first session.

3. In the case of Cabinet changes, or addition of one Minister, or filling a vacant portfolio for any reason, the new Ministers shall be presented to the Legislative Council in the first session it convenes for a vote of confidence. 4. No Minister shall assume the duties of his position before obtaining the confidence of the Legislative Council.

Article 65

The Cabinet shall comprise of a number of Ministers not to exceed Nineteen Ministers. The decision of appointment shall determine the Ministry that each Minister shall be responsible for.

Article 66

Before assuming their offices, the Ministers shall take the oath stipulated in Article (52) of this Basic law before the President of the National Authority.

Article 67

1. Every Minister in the Cabinet must submit a financial report for himself, his wife, and dependent “minor” children, detailing what they own in real estate, transferable property, stocks, bonds, cash money, and debts, whether inside Palestine or abroad, to the President of the National Authority, who shall make the necessary arrangements to keep its secrecy . Such information shall be kept in a confidential manner, and will be disclosed only by a permit issued by the Supreme Court when necessary. 2. No Minister may purchase or lease any government property, or from any legal or juridical personality, or to have a financial interest in any contract concluded and with governmental or administrative entities, nor may they, during their terms in office, be Board Members in any company, or practice commerce or any other profession, or receive a salary or any other financial rewards or remuneration from any person in any capacity, other than the one salary determined for the Minister and its allowances.

Article 68

1. Ministers are responsible to the President of the National Authority, each within his jurisdiction, and for the actions of his Ministry. 2. The Council of Ministry is jointly responsible before the Legislative Council.

Article 69

The President of the National Authority has the right to refer any Minister to investigation as a result of crimes committed by him during, or due to, the performance of his duties.

Article 70

1) Any accused Minister shall be suspended from performing his duties immediately upon the issuance of indictment. The suspension of a Minister’s duties shall not prevent the continuation of the investigation and follow-up procedures against him. 2) The Attorney General, or whoever represents him from the prosecutor’s offices shall assume the investigation and indictment procedures. A Minister’s trial shall be conducted before the concerned court, and shall follow the provisions and rules prescribed in the penalty law and in the criminal procedures law. 3) The above provisions shall apply to Deputy Ministers, Assistant Ministers, and the like as well.

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Article 71

The President of the National Authority may request a vote of confidence for the Cabinet , for a Minister, or for some Ministers, before the Legislative Council. A vote of no-confidence requires and absolute majority of the Council’s Members, and shall result in terminating the duties of those who lost confidence.

Article 72

The Council of Ministers shall have the following functions: 1) Devise the general policies within the limits of its jurisdiction “functions”, and in light of the Ministerial program approved by the Legislative Council. 2) Execute the general policies set forth by the concerned Palestinian authorities “entities”. 3) Prepare the general budget to be presented to the Legislative Council. 4) Prepare the administrative apparatus, develop its structures, and provide it with the necessary means, as well as supervising and following it up. 5) Follow up the implementation of laws, and ensuring compliance with their provisions, and taking necessary actions in this regard. 6) Follow up the performance of different Ministries and all other components of the administrative apparatus, their duties and functions, and coordinating between them. 7) Discussing the proposals and policies of different Ministries concerning the implementation of their functions. 8) Any other functions entrusted to it by this Basic Law, or by any other law or resolution.

Article 73

Every Minister shall exercise the following powers and functions within his Ministry: 1) Proposing the general policy of his Ministry and supervising its implementation after approval. 2) Supervise the conduct of business and affairs within his Ministry, and issue the necessary instruction thereof. 3) Implement the general budget within the funds appropriated for his Ministry. 4) Propose bills and legislation related to his Ministry and present them to the Council of Ministers. 5) Delegate some of his powers to the Deputy Minister, or other senior officers in his Ministry within law.

Article 74

Every Minister shall submit detailed reports to the Council of Ministers on the activities, policies, plans and achievements of his Ministry in comparison with the objectives specified for his Ministry within the framework of the General Plan, and on his Ministry’s proposals and recommendations concerning its future policies. These reports shall be submitted regularly every three months, to give the Council of Ministers sufficient information about the activities and policies of each Ministry.

Third: Security Forces and Police

Article 75

1) Security Forces and the Police are a regular force. It is the armed force in the country, its function is to defend the country, serve people, protect the community and maintain public order, security and morals. This force performs its duties within the limits prescribed by law with complete respect to rights and freedom. 2) Security Forces and the Police shall be regulated by law.

Fourth: Local Administration

Article 76

The country shall be organized, by law, into local administrative units enjoying juridical personality. Each unit shall have a council elected directly as prescribed by law. The law shall determine the jurisdiction “functions” of the administrative units, their financial resources, their relations with central authority, and their role in the preparation and implementation of development plans. Further, the law shall determine the aspect of oversight over these units and their various activities. Demographic, geographical, economical, and political parameters shall be taken into consideration at the time of dividing the country administratively, to provide for the integrity and unity of soil and interests of the country.

Fifth: Public Administration

Article 77

Appointment of all public officials and government staff, and conditions of employment shall be in accordance with law.

Article 78

All affairs related to civil service shall be regulated by law. The Civil Service Bureau shall coordinate with the concerned governmental entities to upgrade and improve public administration. Further, its point of view shall be taken into consideration upon drafting legislation, laws, and regulations which deal with public administration and its staff.

Sixth: General Finance

Article 79

Public taxes and duties shall not be imposed, amended, and repealed except through law. No one shall be totally or partially exempted from paying these taxes, except in circumstances prescribed by law.

Article 80

The law shall state the provisions concerning the collection of public funds and the procedures for spending therefrom.

Article 81

The beginning and the end of the fiscal year, and the general budget shall be regulated by law. If the general budget was not approved by the beginning of the new fiscal year, expenditure shall continue on the basis of monthly allocation of 1/12 of the fiscal year’s budget.

Article 82

1) All revenues received, including taxes, duties, loans, grants, and profits accrued to the Palestinian National Authority from managing its property or activities, shall be paid to the Public Treasury. No part of the Public Treasury funds shall be allocated or spent for any purpose whatsoever except in accordance with the law. 2) The Palestinian National Authority may form a strategic financial reserve to encounter fluctuations and emergency situations in accordance with law.

Article 83

Public loans shall be enacted by law. It is not allowed to engage in a project that requires spending funds from the Public Treasury during the next period unless approved by the Legislative Council.

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Article 84

1) The law shall regulate the special rules related to the monetary authority, banks, financial papers market, foreign exchange and insurance companies, and all financial and credit institutions. 2) The Governor of the Monetary Authority shall be appointed per a resolution issued by the President of the National Authority, and endorsed by the Palestinian Legislative Council.

Article 85

The law shall determine the rules and special procedures for granting contracts related to the utilization of natural resources and public facilities. The law shall also explain the ways of dealing with state-owned real estate and other public and legal characters, or the rules and procedures organizing them.

Article 86

The law shall determine the rules for granting wages, salaries, compensations, subsidies, and rewards incurring on the state’s treasury. The law shall also regulate the entities responsible for their implementation. Further, no exceptional funds shall be spent unless within the limits specified legally.

Article 87

A Financial and Administrative Auditing Bureau shall be established to provide financial and administrative oversight on all entities of the Executive Authority, including collection of public revenues, and spending therefrom within the limits of the general budget. The Bureau shall submit to the President of the National Authority, and to the Legislative Council an annual report – or upon request – about its works and observations. The Chief of the Financial and Administrative Bureau shall be appointed through a decision issued by the President of the National Authority, and endorsed by the Legislative Council.

Chapter Five – The Judicial Authority

Article 88

The Judicial Authority shall be independent, and shall be assumed by the different types and level of courts. The structure, jurisdiction, and rulings of the courts shall be in accordance with law. The rulings shall be announced and executed in the name of the Palestinian Arab People.

Article 89

Judges shall be independent, and shall not be subject to any authority other than the authority of law while exercising their duties. No other authority may interfere in the judiciary or in the justice affairs.

Article 90

1) Appointment, transfer, secondment, delegation, promotion, and questioning of judges shall be as prescribed in the Independence of Judiciary Law. 2) Judges can not be dismissed and their services can not be terminated unless as stipulated in the Independence of Judiciary Law.

Article 91

A Supreme Judicial Council shall be created. The law shall specify its structure, jurisdiction, and operating rules. The

Council shall be consulted about draft laws which regulate any affairs of the Judicial Authority to include Public Prosecution.

Article 92

1) Sharia’ affairs and personal status shall be assumed by Sharia’ and religious courts in accordance with law. 2) Military Courts shall be established by special law. Such courts shall not have any jurisdiction beyond military affairs.

Article 93

Administrative Courts may be established by a law to look through administrative disputes and disciplinary claims. The other jurisdictions of such court, and procedures followed before it shall be determined by law.

Article 94

1) A High Constitutional Court shall be established by law to ensure: One) The constitutionality of laws, regulations, rules, and others. Two) Interpretation of Basic Laws and legislative texts Three) Settle jurisdiction disputes which arise between judicial entities and administrative entities that have judicial jurisdiction. 2) The law shall determine the way the High Constitutional Court is structured and composed, operating procedures to be followed, and the impact resultant from its rulings.

Article 95

The Supreme Court shall assume temporarily all duties assigned to the administrative court and to the High Constitutional Court, unless they are within the jurisdiction of other judicial entities in accordance with applicable laws

Article 96

Courts hearings shall be public unless a court decides to make them secret due to considerations related to public order or public morals. In all cases, judgment “sentence” shall be pronounced in a public hearing.

Article 97

Judicial sentences shall be implemented. Abstention or suspension of implementation in any manner shall be considered a crime that qualifies for imprisonment, or dismissal from position, if the accused individual is a public official or servant. The Plaintiff may file his case directly at the concerned court, and the National Authority shall guarantee a full compensation for him.

Public Prosecution

Article 98

1. The Attorney General shall be appointed through a decision issued by the President of the National Authority, based on a recommendation submitted by the Supreme Judicial Council, and endorsement of the Legislative Council. 2. The Attorney General shall handle and assume public cases in the name of the Palestinian Arab People. The jurisdiction, functions and duties of the Attorney General shall be determined by law.

Article 99

1) The jurisdiction, functions, structure, and composition of the Public Prosecution shall be regulated by law. 2) The

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appointment, transfer, removal, and questioning of members of Public Prosecution shall be determined by law.

Article 100

Execution sentence issued by any court shall not be implemented unless endorsed by the President of the Palestinian Executive Authority. Chapter Six – Rules of the State of Emergency

Article 101

1) The President of the National Authority may declare a state of emergency by a decree when there is a threat to national security caused by war, invasion, armed insurrection, or at a time of natural disaster for a period not to exceed thirty (30) days. 2) The emergency state may be extended for another period of thirty (30) days by securing the approval of two thirds of the Legislative Council. 3) The decree declaring a state of emergency shall state its purpose, the territory to which it applies, and its duration. 4) The Legislative Council shall have the right to review all or some of the procedures which have been implemented during the emergency state at the first session to be convened after the announcement of the state of emergency, or in the extension session whichever comes earlier, and to conduct the necessary questioning in this regard.

Article 102

It is not allowed, when declaring a state of emergency, to impose restrictions on the basic rights and freedoms, except to the level that is necessary to achieve the objective stated in the decree of the state of emergency

Article 103

Any arrest resultant from the declaration of emergency situation shall be subject to the following minimum requirements: 1) Any detention done in accordance with the decree of the emergency situation, shall be reviewed by the Attorney General or by the concerned court during a period not exceeding fifteen (15) days from the date of detention. 2) The detained “arrested” individual shall have the right to appoint a lawyer of his choice.

Article 104

The Palestinian Legislative Council shall not be dissolved or suspended during the emergency situation, nor shall the provisions of this chapter be suspended.

Article 105

All provisions which regulate the emergency states implemented in Palestine prior the implementation of this Basic Law shall be canceled, to include the mandate civil defense regulations issued in 1945.

Chapter Seven – General and Transitional Provisions

Article 106

The provisions of this Basic Law shall apply during the interim period, and can be extended until the implementation of the new constitution of the Palestinian State.

Article 107

Laws shall be promulgated in the name of the Palestinian Arab People, and shall be published immediately in the official gazette . These laws shall come into force 30 days from the date of their publication unless the laws state otherwise.

Article 108

The provisions of laws shall apply only to matters occurring as from the date on which they came into force. However, it can be stated otherwise in articles that are not punitive.

Article 109

Law, regulations and decisions in force in Palestine before the implementation of this law, shall remain in force to the extent that they do not conflict with the provisions of this Basic Law, until they are amended or repealed in accordance with law.

Article 110

Everything in contradiction with the provisions of this Basic Law shall be repealed.

Article 111

The provisions of this Basic Law shall not be amended except with two thirds majority of the Members of the Legislative Council.

Article 112

This Basic Law shall be effective as of publishing it in the official gazette.

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Palestine 2003 Amended Basic Law

2003 Amended Basic Law The Amended Basic Law. Ramallah: 2003. Bir Zeit Institute of Law: The Palestinian Legal and Judicial System “al-Muqtafi”. http://muqtafi.birzeit.edu/mainleg/14138.htm, accessed 13 December 2007.

Issued in Ramallah on March 18, 2003

In the Name of God, the Merciful and the Compassionate.

Introduction

The continuous attachment of the Arab Palestinian people to the land of their fathers and forefathers, on which this people has historically lived, is a fact that has been expressed in the Declaration of Independence, issued by the Palestine National Council. The strength of this attachment is confirmed by its consistency over time and place, by keeping faith with and holding onto national identity, and in the realization of wondrous accomplishments of struggle. The organic relationship between the Palestinian people, their history and their land has confirmed itself in their unceasing effort to prompt the world to recognize the rights of the Arab Palestinian people and their national entity, on equal footing with other nations.

The birth of the Palestinian National Authority in the national homeland of Palestine, the land of their forefathers, comes within the context of continuous and vigorous struggle, during which the Palestinian people witnessed thousands of their precious children sacrificed as martyrs, injured persons and prisoners of war, all in order to achieve their people’s clear national rights, the foremost of which are the right of return, the right to self-determination and the right to establish an independent Palestinian state, with Jerusalem as a capital, under the leadership of the Palestine Liberation Organization, the sole, legitimate representative of the Arab Palestinian people wherever they exist.

Within the framework of the interim period, resulting in the Declaration of Principles Agreement, the establishment of the Palestinian National Authority with its three pillars – the legislative, executive and judicial branches – became among the most urgent of national missions. The establishment of the Palestinian Legislative Council, through free and direct general elections, made the adoption of a Basic Law suitable for the interim period a necessary foundation upon which to organize the mutual relationship between the government and the people. It is a first step on the way to determining the distinguishing characteristics of a civil society capable of achieving its independence. At the same time, it is a basic foundation upon which to enact unifying legislation and law for the Palestinian national homeland.

This Basic Law has established a firm foundation, representing the collective conscience of our people, including its spiritual components, its national faith and its nationalist loyalty. The titles of the Basic Law include a group of modern constitutional rules and principles that address public and personal rights and liberties in a manner that achieves justice

and equality for all, without discrimination. Further, they ensure the rule of law, strike a balance between the executive, legislative and judicial branches, and draw lines between their respective jurisdictions in a manner that ensures independence to each of them while coordinating their roles to achieve a high national interest that will serve as a guide to all.

The enactment of this temporary Basic Law for a transitional and interim period constitutes a fundamental step towards the realization of the firm national and historical rights of the Arab Palestinian people. It shall not in any way whatsoever abrogate or cancel their right to continue to strive to achieve their rights of return and self-determination, including the establishment of a Palestinian state with Jerusalem (al-Quds al-Sharif) as its capital, which is the first shrine and the third mosque, to which the Prophet Muhammad,may peace be upon him, traveled by night, in the land of the nativity of Jesus,may peace be upon him.

The provisional character of the Basic Law shall not abrogate the right of any Palestinian, wherever residing, to exercise equal rights with his/her fellow citizens on the soil of the homeland.

This temporary Basic Law draws its strength from the will of the Palestinian people, their firm rights, their continuous struggle and the exercise of their democratic right – as represented in the election of the President of the Palestinian National Authority and the members of the Palestinian Legislative Council – to commence the organization and establishment of a sound, democratic and legislative life in Palestine.  At the same time, the enactment and ratification of this law by the Legislative Council does spring from the fact that the Palestine Liberation Organization is the sole and legitimate representative of the Arab Palestinian people.

Explanatory Memorandum for the Amended Basic Law

Article 111 of the Basic Law provides the Legislative Council with the authority to amend the Basic Law by securing a majority vote of two-thirds of its members.  The Council believes that it is necessary to amend the Basic Law to allow for the creation of the position of a Prime Minister in the Palestinian National Authority and to determine his powers and the legal and political controls that will regulate his work, as well as to define and clarify the form of the relationship between him and the President of the Palestinian National Authority and the legislative branch.

This amendment requires rearrangement of some provisions of the original law. Accordingly, the title that deals with the powers of the President of the National Authority is now Title Three in the amended law. On the other hand, the title that deals with the legislative branch has been moved to a subsequent title, which is Title Four.

As for Title Five, dealing with the Council of Ministers, it covers the formation of  the government by the Prime Minister, the procedure for obtaining the confidence of the [Legislative] Council, the powers of the Council of Ministers and its head, and the relationship between the Prime Minister and the President of the National Authority.

The Council decided during the review of the amended law that it would not be necessary to add provisions dealing with

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the Prime Minster’s presentation of all matters related to the formation, resignation or dissolution of the cabinet to the President of the National Authority, on the grounds that this is a political tradition that does not require being put into a separate article in the text of the law.

Ahmed Qurei’ (Abu Ala’)Speaker, The Palestinian Legislative Council

Title One

Article 1

Palestine is part of the larger Arab world, and the Palestinian people are part of the Arab nation.  Arab unity is an objective that the Palestinian people shall work to achieve. 

Article 2

The people are the source of power, which shall be exercised through the legislative, executive and judicial authorities, based upon the principle of separation of powers and in the manner set forth in this Basic Law.

Article 3

Jerusalem is the capital of Palestine.

Article 4

1. Islam is the official religion in Palestine. Respect for the sanctity of all other divine religions shall be maintained. 

2. The principles of IslamicShari’a shall be a principal source of legislation.

3. Arabic shall be the official language.

Article 5

The governing system in Palestine shall be a democratic parliamentary system, based upon political and party pluralism. The President of the National Authority shall be directly elected by the people. The government shall be accountable to the President and to the Palestinian Legislative Council.

Article 6

The principle of the rule of law shall be the basis of government in Palestine. All governmental powers, agencies, institutions and individuals shall be subject to the law.

Article 7

Palestinian citizenship shall be regulated by law.

Article 8

The flag of Palestine shall be of four colors and in accordance with the dimensions and measurements approved by the Palestine Liberation Organization.  It shall be the official flag of the country.

Title Two – Public Rights and Liberties

Article 9

Palestinians shall be equal before the law and the judiciary, without distinction based upon race, sex, color, religion, political views or disability.

Article 10

1. Basic human rights and liberties shall be protected and respected.

2. The Palestinian National Authority shall work without delay to become a party to regional and international declarations and covenants that protect human rights.

Article 11

1. Personal freedom is a natural right, shall be guaranteed and may not be violated.

2. It is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order in accordance with the provisions of the law. The law shall specify the period of prearrest detention. Imprisonment or detention shall only be permitted in places that are subject to laws related to the organization of prisons.

Article 12

Every arrested or detained person shall be informed of the reason for their arrest or detention. They shall be promptly informed, in a language they understand, of the nature of the charges brought against them. They shall have the right to contact a lawyer and to be tried before a court without delay.

Article 13

1. No person shall be subject to any duress or torture. Indictees and all persons deprived of their freedom shall receive  proper treatment.

2. All statements or confessions obtained through violation of the provisions contained in paragraph 1 of this article shall be considered null and void.

Article 14

An accused person is considered innocent until proven guilty in a court of law that guarantees the accused the right to a defense. Any person accused in a criminal case shall be represented by a lawyer.

Article 15

Punishment shall be personal. Collective punishment is prohibited. Crime and punishment shall only be determined by the law. Punishment shall be imposed only by judicial order and shall apply only to actions committed after the entry into force of the law.

Article 16

It is unlawful to conduct any medical or scientific experiment on any person without prior legal consent.  No person shall be subject to medical examination, treatment or surgery, except in accordance with the law.

Transplantation of human organs and new scientific developments shall be regulated by the law in order to serve legitimate humanitarian purposes.

Article 17

Homes shall be inviolable; they may not be subject to surveillance, broken into or searched, except in accordance

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with a valid judicial order and in accordance with the provisions of the law.

Any consequences resulting from violations of this article shall be considered invalid.  Individuals who suffer from such violation shall be entitled to a fair remedy, guaranteed by the Palestinian National Authority.

Article 18

Freedom of belief, worship and the performance of religious functions are guaranteed, provided public order or public morals are not violated.

Article 19

Freedom of opinion may not be prejudiced. Every person shall have the right to express his opinion and to circulate it orally, in writing or in any form of expression or art, with due consideration to the provisions of the law.

Article 20

Freedom of residence and movement shall be guaranteed within the limits of the law.

Article 21

1. The economic system in Palestine shall be based on the principles of a free market economy.  The executive branch may establish public companies that shall be regulated by a law. 

2. Freedom of economic activity is guaranteed. The law shall define the rules governing its supervision and their limits.

3. Private property, both real estate and movable assets, shall be protected and may not be expropriated except in the public interest and for fair compensation in accordance with the law or pursuant to a judicial ruling.

4. Confiscation shall be in accordance with a judicial ruling.

Article 22

1. Social, health, disability and retirement insurance shall be regulated by law.

2. Maintaining the welfare of families of martyrs, prisoners of war, the injured and the disabled is a duty that shall be regulated by law. The National Authority shall guarantee these persons education, health and social insurance. 

Article 23

Every citizen shall have the right to proper housing. The Palestinian National Authority shall secure housing for those who are without shelter.

Article 24

1. Every citizen shall have the right to education. It shall be compulsory until at least the end of the basic level. Education shall be free in public schools and institutions.

2. The National Authority shall supervise all levels of education and its institutions, and shall strive to upgrade the educational system. 

3. The law shall guarantee the independence of universities, institutes of higher education, and scientific research centers in a manner that guarantees the freedom of scientific research as well as literary, artistic and cultural creativity. The National Authority shall encourage and support such creativity.

4. Private schools and educational institutions shall comply with the curriculum approved by the National Authority and shall be subject to its supervision.

Article 25

1. Every citizen shall have the right to work, which is a duty and honor. The Palestinian National Authority shall strive to provide work for any individual capable of performing it.

2. Work relations shall be organized in a manner that guarantees justice to all and provides workers with welfare, security, and health and social benefits.

3. Organization of unions is a right that shall be regulated by the law.

4. The right to conduct a strike shall be exercised within the limits of the law.

Article 26

Palestinians shall have the right to participate in political life, both individually and in groups.  They shall have the following rights in particular:

1. To form, establish and join political parties in accordance with the law.

2. To form and establish unions, associations, societies, clubs and popular institutions in accordance with the law.

3. To vote, to nominate candidates and to run as candidates for election, in order to have representatives elected through universal suffrage in accordance with the law. 

4. To hold public office and positions, in accordance with the principle of equal opportunities.

5. To conduct private meetings without the presence of police members, and to conduct public meetings, gatherings and processions, within the limits of the law.

Article 27

1. Establishment of newspapers and all media means is a right for all, guaranteed by this Basic Law. Their financing resources shall be subject to the scrutiny of the law.

2. Freedom of audio, visual, and written media, as well as freedom to print, publish, distribute and transmit, together with the freedom of individuals working in

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this field, shall be guaranteed by this Basic Law and other related laws.

3. Censorship of the media shall be prohibited. No warning, suspension, confiscation, cancellation or restriction shall be imposed upon the media except by law, and pursuant to a judicial ruling.

Article 28

No Palestinian may be deported from the homeland, prevented or prohibited from returning to or leaving it, deprived of his citizenship, or handed over to any foreign entity.

Article 29

Maternal and childhood welfare are national duties. Children shall have the right to:

1. Comprehensive protection and welfare.

2. Not to be exploited for any purpose whatsoever, and not to be permitted to perform work that might damage their safety, health or education.

3. Protection from harmful and cruel treatment.

4. Not to be subjected to beating or cruel treatment by their relatives.

5. To be segregated – in cases where they are sentenced to a penalty that deprives them of their freedom – from adults, and be treated in a manner that is appropriate to their age and aims at their rehabilitation.

Article 30

1. Submitting a case to court is a protected and guaranteed right for all people. Each Palestinian shall have the right to seek redress in the judicial system. Litigation procedures shall be organized by law to guarantee prompt settlement of cases.

2. Laws may not contain any provisions that provide immunity to any administrative decision or action or against judicial review. 

3. Judicial error shall result in a remedy by the National Authority. Conditions and methods of such remedy shall be regulated by law.

Article 31

An independent commission for human rights shall be established pursuant to a law that will specify its formation, duties and jurisdiction.  The commission shall submit its reports to the President of the National Authority and to the Palestinian Legislative Council.

Article 32

Any violation of any personal freedom, of the sanctity of the private life of human beings, or of any of the rights or liberties that have been guaranteed by law or by this Basic Law shall be considered a crime. Criminal and civil cases resulting from such violations may not be subject to any statute of limitations. The National Authority shall guarantee a fair remedy to those who suffer from such damage.

Article 33

The enjoyment of a balanced and clean environment is a human right. The preservation and protection of the Palestinian environment from pollution for the sake of present and future generations is a national duty.

Title Three – The President of the Palestinian National Authority

Article 34

The President of the Palestinian National Authority shall be elected in a general and direct election by the Palestinian people, in accordance with the Palestinian Election Law.

Article 35

Before assuming office, the President shall take the following oath before the Legislative Council and in the presence of the Speaker of the Palestinian National Council and the President of the High Court:

“I swear by God, the Almighty, to be faithful to the homeland and to its sacred places, to the people and its national heritage, to respect the constitutional system and the law, and to safeguard the interests of the Palestinian people completely, as God is my witness.”

Article 36

The term of the presidency of the National Authority shall be the interim phase, after which the President shall be elected in accordance with the law.

Article 37

1. The office of the President shall be considered vacant in any of the following cases:a. Death;

 b. Resignation submitted to the Palestinian Legislative Council, if accepted by two-thirds of its members;

 c. Loss of legal capacity, as per a ruling issued by the High Constitutional Court and subsequently approved by a majority of two-thirds of the members of the  Legislative Council.

2. If the office of the President of the National Authority becomes vacant due to any of the above cases, the Speaker of the Palestinian Legislative Council shall temporarily assume the powers and duties of the Presidency of the National Authority for a period not to exceed sixty (60) days, during which free and direct elections to elect a new President shall take place in accordance with the Palestinian Election Law.

Article 38

The President of the National Authority shall exercise his executive duties as specified in this law.

Article 39

The President of the National Authority is the Commander-in-Chief of the Palestinian Forces.

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Article 40

The President of the National Authority shall appoint and terminate the services of the National Authority’s delegates to foreign countries, international organizations and foreign agencies.  The President shall accept the credentials of foreign delegates to the Palestinian National Authority.

Article 41

1. The President of the National Authority shall promulgate the laws voted by the Palestinian Legislative Council within thirty (30) days of their transmittal to him. The President may refer a law back to the Legislative Council with his observations and the reasons of his objection within the same period. Otherwise, the law will be deemed promulgated and will be published in theOfficial Gazette.

2. If the President of the National Authority returns the proposed law to the Legislative Council in conformity with the time limit and conditions specified in the previous paragraph, the Council shall debate the law again. If the Council passes the law a second time by a majority of two-thirds of its members, the proposed law shall be considered approved and shall be immediately published in theOfficial Gazette.

Article 42

The President of the National Authority has the right to grant special pardons or to commute sentences.  However, general amnesties or amnesties for crimes may not be granted except by law.

Article 43

The President of the National Authority shall have the right, in cases of necessity that cannot be delayed, and when the Legislative Council is not in session, to issue decrees that have the power of law. These decrees shall be presented to the Legislative Council in the first session convened after their issuance; otherwise they will cease to have the power of law.  If these decrees are presented to the Legislative Council, as mentioned above, but are not approved by the latter, then they shall cease to have the power of law.

Article 44

The President’s salary, allowances and remuneration shall be determined by law.

Article 45

The President of the National Authority shall appoint the Prime Minister and authorize the latter to constitute his government.  The President shall have the right to dismiss the Prime Minister or to accept his resignation and to request him to convene the Council of Ministers.

Article 46

The Council of Ministers shall assist the President in the performance of the President’s duties and exercise of powers, in the manner stipulated in this Basic Law.

Title Four – The Legislative Authority

Article 47

1. The Palestinian Legislative Council is the elected legislative authority.

2. The Legislative Council shall assume its legislative and oversight duties as prescribed in its Standing Orders, insofar as they do not contradict the provisions of this law.

3. The term of this Council shall be the interim period.

Article 48

1. The Legislative Council shall be composed of eighty-eight (88) Members elected in accordance with the law.

2. If the position of one or more Members becomes vacant due to death, resignation or loss of capacity, partial elections shall be conducted in the relevant district to elect a successor, in accordance with the law.

Article 49

Before commencing work, every Member shall take the following oath before the Council:

“I swear by God, the Almighty, to be faithful to the homeland, to preserve the rights and interests of the people and the nation, to respect the law, and to perform my duties in the best manner, as God is my witness.”

Article 50

In its first meeting, the Council shall elect a Speaker, two Deputies to the Speaker, and a Secretary-General.  Together, they shall make up the Office of the Legislative Council. It shall not be permitted to be a member of the Office and hold at the same time the position of President of the National Authority, or Minister, or any other governmental position.

Article 51

The Council shall accept the resignation of its Members and establish its own Standing Orders, as well as procedures for questioning its Members, in a manner that does not contradict the provisions of this Basic Law or general constitutional principles. The Council shall be solely responsible for maintaining order and security during sessions and committee meetings.  Security personnel may not be present in the Council premises unless requested by the Speaker or by a Committee Chair, as the circumstances may require.

Article 52

The President of the Palestinian National Authority shall open the first ordinary session of the Council and deliver an opening address. 

Article 53

1. Council Members may not be questioned in civil or criminal proceedings due to opinions they express, facts they mention, their voting in Council sessions or committee meetings, or because of any action they

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undertake outside the Council in the course of performing their parliamentary duties. 

2. No Member shall be interfered with in any manner, nor shall any search be made of a Member’s luggage, home, place of residence, car, office, or any real estate or movable property belonging to the Member, throughout the period of immunity.

3. No Member of the Legislative Council shall be required during the period of membership, or subsequently, to testify on any subject regarding Council-related actions, statements or information obtained as a result of membership in the Council, unless the Member voluntarily agrees to do so and has the prior consent of the Council.

4. No penal measures shall be taken against any Member of the Legislative Council unless a Member is found red-handed in the commission of a crime.  The Council shall be notified immediately about measures taken against a Member so that the Council may decide upon its proper course of action in the matter.  The Office of the Council shall assume this responsibility if the Council is not in session.

5. A Member of the Legislative Council shall not relinquish parliamentary immunity without the prior permission of the Council. Immunity shall not lapse after membership in the Council ceases but shall be subject to the limits prevailing during the membership period.

Article 54

1. A Member of the Legislative Council may not exploit Council membership in any type of private business or in any manner whatsoever.

2. Members of the Legislative Council shall present financial statements for themselves, their spouse and their minor children that detail their wealth, including real estate and movable property both inside Palestine and abroad, as well as debts. These statements shall be kept in sealed confidential envelopes at the High Court of Justice and may not be accessed unless permitted by the Court and within the limits it allows.

Article 55

A Member of the Legislative Council shall receive a monthly salary determined by law.

Article 56

Each Member of the Council shall have the following rights:

1. To submit to the executive branch all legitimate requests necessary to enable the Member to carry out parliamentary functions.

2. To propose laws. Rejected proposals may not be resubmitted within the same term.

3. To address inquiries and interpellations to the government, to any Minister or to others of similar rank. Interpellations may only be discussed seven days after submission, unless the addressee agrees to reply immediately or within a shorter period.

However, the seven-day period can be shortened to three days in urgent cases and with the approval of the President of the National Authority.

Article 57

1. Following an interpellation, a minimum of ten Members of the Council may submit a request to withdraw confidence from the government or from any Minister. Voting on such a request may not be held earlier than three days after submission. A decision may be issued by approval of the majority of the Council’s Members.

2. Withdrawal of confidence shall result in termination of the term of the party from whom confidence was withdrawn.

Article 58

The Council may form special committees or entrust one of its committees to conduct information gathering and fact-finding regarding any public matter or regarding any public institution.

Article 59

The Legislative Council shall approve the General Development Plan. The law shall specify the way to prepare and present the Plan to the Council.

Article 60

The law shall regulate the specific rules governing the preparation and approval of the general budget and disbursement of funds appropriated in it, as well as any attached budgets, developmental budgets, budgets for public institutions and services, and budgets for any project in which the government’s investment comprises at least 50% of its capital.

Article 61

Taking into consideration the provisions of Article 90 of this Basic Law:

1. The government shall present the draft budget to the Legislative Council at least two months prior to the start of the fiscal year.

2. The Legislative Council shall convene a special session to discuss the annual draft budget.  It shall either ratify it with the necessary amendments prior to the start of the new fiscal year or send it back to the government, within a period not exceeding one month from the date of receipt. The returned draft budget shall include the Council’s observations so that its requirements can be fulfilled and the draft budget resubmitted to the Legislative Council for approval.

3. The Council’s voting on the general budget shall be title by title.

4. Transfer of funds between the various budget titles is not permitted unless it is agreed upon between the Legislative Council and the Executive branch.

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Article 62

The final accounts of the National Authority’s budget shall be presented to the Legislative Council no later than one year after the end of the fiscal year. The Council shall vote on the final accounts title by title.

Title Five – The Executive Authority

Article 63

The Council of Ministers (the “government”) is the highest executive and administrative instrument; it shoulders the responsibility for implementing the program that has been approved by the legislative branch.  Except for the executive powers of the President of the National Authority, as specified in this Basic Law, executive and administrative powers shall be within the competence of the Council of Ministers.

Article 64

1. The Council of Ministers shall comprise a Prime Minister and a number of Ministers, not to exceed twenty-four (24) in number.

2. The appointment shall identify to which Ministry each Minister shall be assigned.

Formation of the Government

Article 65

1. Once appointed by the President of the Palestinian National Authority, the Prime Minister shall form a government within three weeks of the date of appointment. There shall be a right to an extension of a maximum of two weeks.

2. If the Prime Minister fails to form a government within the stated deadline or does not obtain the confidence of the Legislative Council, then the President of the National Authority shall appoint another Prime Minister within two weeks of the passing of the deadline or the date of the confidence session, whichever applies.  Provisions contained in the above paragraph 1 shall apply to the new Prime Minister.

Confidence in the Government

Article 66

1. Once the Prime Minister selects the members of the government, the Prime Minister shall submit a request to the Legislative Council to hold a special session for a vote of confidence.  The vote of confidence shall take place after hearing and discussing the written ministerial declaration which specifies the program and policy of the government. The session shall be held no later than one week from the date of submission of the request.

2. The vote of confidence shall be cast for the Prime Minister and the members of the government together, unless the absolute majority of the members of the Legislative Council decides otherwise.

3. Confidence shall be granted to the government if it obtains the affirmative vote of the absolute majority

of the Members of the Palestinian Legislative Council.

Article 67

After obtaining the vote of confidence and before assuming their offices, the Prime Minister and members of the government shall take the constitutional oath, stipulated in Article 35 of this Basic Law, before the President of the National Authority.

Powers of the Prime Minister

Article 68

The Prime Minister shall exercise the following powers:

1. To form or modify the composition of the Council of Ministers, to dismiss or accept the resignation of any of its members, or to fill a vacant position.

2. To convene the Council of Ministers for weekly meetings, or when necessary, or upon a request from the President of the National Authority, as well as to set its agenda.

3. To preside over sessions of the Council of Ministers.

4. To manage the affairs of the Council of Ministers.

5. To oversee the work of the Ministers and public institutions dependent on the government.

6. To issue necessary decisions within the Prime Minister’s competence in accordance with the law.

7. To sign and issue regulations approved by the Council of Ministers.

8. The Prime Minister shall appoint a Minister to serve as deputy and to assume the duties of the Prime Minister, if the Prime Minister is absent.

Powers of the Council of Ministers

Article 69

he Council of Ministers shall exercise the following powers:

1. To devise general policies within the limits of its jurisdiction and in light of the ministerial program approved by the Legislative Council.

2. To implement general policies adopted by the relevant Palestinian authorities.

3. To prepare the general budget for presentation to the Legislative Council.

4. To prepare the administrative apparatus, set its structure and provide it with all necessary means, as well as to supervise it and follow up on it.

5. To follow up on the implementation of laws and to ensure compliance with their provisions, taking necessary actions in this regard.

6. To supervise the performance of the ministries and all other components of the administrative apparatus in respect of their duties and functions, as well as to coordinate between them.

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7. To be responsible for maintaining public order and internal security.

8. To discuss with various governmental bodies relevant to paragraphs 6 and 7 above their proposals and policies with regard to implementation of their respective responsibilities.

9. (a) To establish or dissolve agencies, institutions, authorities and similar administrative units belonging to the executive apparatus of the government, provided that each shall be regulated by law. (b) To appoint heads of institutions and agencies mentioned above in subparagraph (a), and to supervise them in accordance with the provisions of the law.

10. To specify the respective areas of responsibilities of all ministries, agencies and institutions, that report to the executive branch, and others of similar status.

11. To assume any other responsibility assigned to it, in accordance with the provisions of the law.

Article 70

The Council of Ministers shall have the right to transmit draft laws to the Legislative Council, to issue regulations and to take necessary actions to implement laws.

Article 71

Each Minister shall exercise the following powers and functions within their  respective ministry:

1. To propose the general policy for the ministry and to supervise its implementation after approval.

2. To supervise the conduct of affairs in the ministry and to issue necessary instructions therefore.

3. To implement the general budget within the funds allocated for the ministry.

4. To propose bills and legislation related to the ministry and to present them to the Council of Ministers.

5. A Minister may delegate certain powers to a Deputy Minister or to other senior officers in the ministry, within limits set by the law.

Article 72

Each Minister shall submit detailed reports to the Council of Ministers on the activities, policies, plans and achievements of their respective ministry in comparison with the objectives specified for the ministry within the framework of the General Plan, including the ministry’s proposals and recommendations concerning its future policies.

These reports shall be submitted regularly every three months, so that the Council of Ministers remains well informed and has sufficient information about the activities and policies of each ministry.

Meetings of the Council of Ministers

Article 73

1. Upon invitation of the Prime Minister, the Council of Ministers shall meet periodically every week, or

whenever necessary. Persons other than Ministers may not attend these meetings, unless there is a prior invitation from the Prime Minister.

2. The meetings of the Council of Ministers shall be documented.

Accountability of the Prime Minister and Ministers

Article 74

1. The Prime Minister is accountable to the President of the National Authority for his actions and the actions of his government.

2. Ministers are accountable to the Prime Minister, each within the limits of their jurisdiction and for the actions of their respective ministry.

3. The Prime Minister and members of the government are jointly and individually accountable to the Legislative Council.

Article 75

1. The President of the National Authority shall have the right to refer the Prime Minister for investigation as a result of crimes attributed to the Prime Minister during, or due to, the performance of official duties, in accordance with the provisions of law. 

2. The Prime Minister shall have the right to refer any Minister for investigation based on any of the reasons mentioned in the above paragraph 1, in accordance with the provisions of law.

Article 76

1. Any accused Minister shall be suspended from the performance of official duties immediately upon the issuance of an indictment. The termination of service shall not prevent continuing the investigation or follow-up procedures.

2. The Attorney General, or a representative from the Public Prosecution, shall undertake the investigation and indictment procedures.  If a trial ensues, it shall be conducted before an appropriate tribunal and shall follow the provisions and procedures prescribed in the Penal Code and in the Law of Criminal Procedure.

3. The above provisions shall apply to Deputy Ministers, Assistant Ministers and others of similar rank.

Vote of No Confidence

Article 77

1. A minimum of ten Members of the Legislative Council may submit a request to the Speaker to hold a special session to withdraw confidence from the government or from any Minister after an investigation.

2. The date of the first session shall be specified three days after the date of submitting the request. The session shall not be held later than two weeks after the date of the request.

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Article 78

1. A vote of no confidence in the Prime Minister and the government shall require an absolute majority of the Members of the Palestinian Legislative Council.

2. A vote of no confidence in the Prime Minister and the government shall result in the termination of their term.

3. Upon the completion of the term of the Prime Minister and the government, they will temporarily exercise their powers in the capacity of a caretaker government, during which they may make decisions only insofar as they are necessary for the conduct of executive affairs until a new government is formed.

Article 79

1. In case the Legislative Council, by an absolute majority, casts a vote of no confidence in the Prime Minister, or in the Prime Minister and the members of the government collectively, the President of the National Authority shall present a new Prime Minister who will take over from the former within a period not to exceed two weeks from the date of the vote of no confidence. The new Prime Minister shall be subject to the provisions of this title.

2. In case the Legislative Council casts a vote of no confidence in one or more members of the government, the Prime Minister shall present the new member or members to the following session, provided that it takes place within two weeks of the date of the no confidence vote.

3. (a) Any addition or change that affects a portfolio, a Minister, or more than a Minister shall be considered a ministerial reshuffle, so long as it affects less than one-third of the members of the Council of Ministers. (b) Upon a ministerial reshuffle, the addition of a Minister, or the filling of a vacancy, for any reason, the new Minister or Ministers shall be presented at the very next session of the Legislative Council, which shall occur no later than two weeks from the date of the reshuffle or the occurrence of the vacancy, for a vote of confidence in accordance with the provisions of this article.

4. Neither the Prime Minister nor any of the Ministers shall assume their duties until they have obtained the confidence of the Legislative Council.

Financial Liability of Members of Council of Ministers

Article 80

1. The Prime Minister and each Minister shall submit a financial statement for themselves, their spouse and their minor children that details what they own in real estate, movable property, stocks, bonds, cash money and debts, whether inside Palestine or abroad, to the President of the National Authority, who shall make the necessary arrangements to maintain their secrecy. Such information shall remain confidential and may not be accessed unless permitted by the High Court when necessary.

2. Neither the Prime Minister nor any Minister may purchase or lease any property belonging to the State or to any public entity, or have a financial interest in any contract concluded with any governmental or administrative body, nor may they, during their terms of office, be board members in any company, or practice commerce or any other profession, or receive a salary or any other financial reward or remuneration from any person in any capacity whatsoever, other than the single salary determined for Ministers and the relevant allowances.

Remuneration and Allowances of Prime Minister and Ministers

Article 81

Remuneration and allowances for the Prime Minister, Ministers and others of similar rank shall be determined by the law.

Article 82

The appointed Prime Minister and all Ministers shall be Palestinians who enjoy full civil and political rights.

Article 83

The government shall be considered dissolved and shall be reformed in accordance with the provisions of this title in the following cases:

1. Upon the commencement of a new term of the Legislative Council.

2. After a vote of no confidence in the Prime Minister, in the Prime Minister and the government, or in one-third or more of the total number of Ministers.

3. Upon any addition, change, vacancy, or dismissal that involves at least one-third of the Council of Ministers.

4. Upon the death of the Prime Minister.

5. Upon the resignation of the Prime Minister, or the resignation of one-third or more of the members of government.

6. Upon the dismissal of the Prime Minister by the President of the National Authority.

Security Forces and Police

Article 84

1. The Security Forces and the Police are regular forces.  They are the armed forces in the country.  Their functions are limited to defending the country, serving the people, protecting society and maintaining public order, security and public morals.  They shall perform their duties within the limits prescribed by law, with complete respect for rights and freedoms.

2. The law shall regulate the Security Forces and the Police.

Local Administration

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Article 85

1. The law shall organize the country into local administrative units, which shall enjoy juridical personality. Each unit shall have a council elected directly, as prescribed by law.

2. The law shall specify the areas of responsibility of the local administrative units, their financial resources, their relations with the central authority and their role in the preparation and implementation of development plans. The law shall specify the aspects of oversight over these units and their various activities.

3. Demographic, geographic, economic and political parameters shall be taken into consideration at the time of defining the administrative divisions so as to preserve the territorial unity of the homeland and the interests of the communities therein.

Public Administration

Article 86

The appointment of all public officials and governmental staff, and the conditions of their employment, shall be in accordance with the law.

Article 87

The law shall regulate all affairs related to civil service. The Civil Service Department shall, in coordination with the relevant governmental bodies, upgrade and develop public administration. Its advice shall be sought upon drafting laws and regulations that deal with public administration and civil servants.

Public Finance

Article 88

Public taxes and duties shall be imposed, amended and repealed only by law. No one may be totally or partially exempted, except in circumstances prescribed by law.

Article 89

The law shall state the provisions concerning the collection of public funds and the procedures for spending therefrom.

Article 90

The law shall specify the beginning and the end of the fiscal year, and shall regulate the public budget.  If the public budget is not approved by the beginning of the new fiscal year, expenditures shall continue on the basis of a monthly allocation of one-twelfth (1/12) of the previous fiscal year’s budget, for each month.

Article 91

1. All revenues received – including taxes, duties, loans, grants and profits accruing to the Palestinian National Authority from managing its property or activities – shall be paid to the Public Treasury.  No part of the Public Treasury funds may be allocated or spent for any purpose whatsoever except in accordance with the law.

2. In accordance with the provisions of law, the Palestinian National Authority may form a strategic financial reserve, to encounter fluctuations and emergency situations.

Article 92

Public borrowing shall be concluded by law. It is not permitted to commit to a project which would require spending funds from the Public Treasury at a later stage unless approved by the Legislative Council.

Article 93

1. The law shall regulate the Monetary Authority, banks, the securities market, foreign exchange and insurance companies and all financial and credit institutions.

2. The Governor of the Monetary Authority shall be appointed per a decision issued by the President of the National Authority and endorsed by the Palestinian Legislative Council.

Article 94

The law shall specify rules and procedures for granting privileges or imposing obligations related to the utilization of natural resources and public facilities. The law shall also detail the ways and means of dealing with real estate owned by the state and other public legal personalities, and the rules and procedures regulating them.

Article 95

The law shall specify the rules for granting wages, remuneration, pensions, subsidies and allowances incurring to the state’s treasury. The law shall also specify the bodies that will be responsible for their implementation. No exceptional funds shall be spent except within limits specified legally.

Article 96

1. A Financial and Administrative Auditing Bureau shall be established by law to provide financial and administrative oversight to all apparatus and bodies of the National Authority, which shall include monitoring the collection of public revenues and spending therefrom, within the limits of the budget.

2. The Bureau shall submit to the President of the National Authority and to the Legislative Council a report annually, or upon request, about its work and observations.

3. The Chief of the Financial and Administrative Auditing Bureau shall be appointed pursuant to a decision issued by the President of the National Authority and endorsed by the Palestinian Legislative Council. 

Title Six – The Judicial Authority

Article 97

The judicial authority shall be independent and shall be exercised by the courts at different types and levels. The law shall determine the way they are constituted and their jurisdiction. They shall issue their rulings in accordance with

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the law. Judicial rulings shall be announced and executed in the name of the Palestinian Arab people.

Article 98

Judges shall be independent and shall not be subject to any authority other than the authority of the law while exercising their duties.  No other authority may interfere in the judiciary or in judicial affairs.

Article 99

1. Appointment, transfer, secondment, delegation, promotion and questioning of judges shall be as prescribed in the Judicial Authority Law.

2. Judges may not be dismissed except in cases that are allowed in the Judicial Authority Law.

Article 100

A High Judicial Council shall be created. The law shall specify the way it is constituted, its responsibilities and its operating rules. The High Judicial Council shall be consulted about draft laws relating to the Judicial Authority, including the Public Prosecution.

Article 101

1. Matters governed byShari’a law and matters of personal status, shall come under the jurisdiction ofShari’a and religious courts, in accordance with the law.

2. Military courts shall be established by special laws. Such courts may not have any jurisdiction beyond military affairs.

Article 102

Administrative courts may be established by law, to consider administrative disputes and disciplinary claims.  Any other jurisdiction of such courts, and procedures to be followed before them, shall be specified by the law.

Article 103

1. A High Constitutional Court shall be established by law to consider: (a) The constitutionality of laws, regulations, and other enacted rules.

 (b) The interpretation of the Basic Law and legislation.

 (c) Settlement of jurisdictional disputes which might arise between judicial entities and administrative entities having judicial jurisdiction.

2. The law shall specify the manner in which the High Constitutional Court is formed and structured, the operating procedures it will follow and the effects resulting from its rulings.

Article 104

The High Court shall temporarily assume all duties assigned to administrative courts and to the High Constitutional Court, unless they fall within the jurisdiction of other judicial entities, in accordance with applicable laws.

Article 105

Court hearings shall be public, unless a court decides to make themin camera due to considerations related to public order or public morals. In all cases, the sentence shall be pronounced in a public hearing.

Article 106

Judicial rulings shall be implemented. Refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. The aggrieved party may file a case directly to the competent court and the National Authority shall guarantee a fair remedy for him.

The Public Prosecution

Article 107

1. The Attorney General shall be appointed pursuant to a decision issued by the President of the National Authority, based upon a nomination submitted by the High Judicial Council.

2. The Attorney General shall handle and assume public cases, in the name of the Palestinian Arab people. The jurisdiction, functions and duties of the Attorney General shall be specified by law.

Article 108

1. The law shall specify the manner of forming the Public Prosecution service, and its jurisdiction.

2. The law shall determine the conditions for appointing, transferring and dismissing members of the Public Prosecution service and the rules of their accountability.

Article 109

A death sentence pronounced by any court may not be implemented unless endorsed by the President of the Palestinian National Authority.

Title Seven – State of Emergency Provisions

Article 110

1. The President of the National Authority may declare a state of emergency by decree when there is a threat to national security caused by war, invasion, armed insurrection or in times of natural disaster, for a period not to exceed thirty (30) days.

2. The state of emergency may be extended for another period of thirty (30) days if a two-thirds majority of the members of the Legislative Council vote in favor of the extension.  

3. The decree declaring a state of emergency shall state its purpose, the region to which it applies and its duration.

4. The Legislative Council shall have the right to review all or some of the procedures and measures adopted during the state of emergency, at the first session

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convened after the declaration of the state of emergency or in the extension session, whichever comes earlier, and to conduct the necessary interpellation in this regard.

Article 111

It is not allowed to impose restrictions on fundamental rights and freedoms when declaring a state of emergency except to the extent necessary to fulfill the purpose stated in the decree declaring the state of emergency.

Article 112

Any arrest resulting from the declaration of a state of emergency shall be subject to the following minimum requirements:

1. Any detention carried out pursuant to a state of emergency decree shall be reviewed by the Attorney General, or by the appropriate court, within a time period not to exceed fifteen (15) days from the date of detention.

2. The detained individual shall have the right to select and appoint a lawyer.

Article 113

The Palestinian Legislative Council may not be dissolved or its work hindered during a state of emergency, nor shall the provisions of this title be suspended.

Article 114

All provisions regulating states of emergency that were applicable in Palestine prior to the entry into force of this Basic Law shall be cancelled, including the [British] Mandate Defense (Emergency) Regulations issued in the year 1945.

Title Eight – General and Transitional Provisions

Article 115

The provisions of this Basic Law shall apply during the interim period and may be extended until the entry into force of the new Constitution of the State of Palestine.

Article 116

Laws shall be promulgated in the name of the Palestinian Arab people and shall be published immediately in theOfficial Gazette. These laws shall come into force thirty (30) days from the date of their publication, unless the law states otherwise.

Article 117

Laws shall apply only to that which occurs after their entry into force. It may be stipulated otherwise when necessary, except for penal matters.

Article 118

Laws, regulations and decisions in force in Palestine before the implementation of this law shall remain in force to the extent that they do not contradict the provisions of this Basic Law, until they are amended or repealed, in accordance with the law.

Article 119

All legal provisions that contradict the provisions of this Amended Basic Law are repealed.

Article 120

The provisions of this Amended Basic Law may not be amended except by a majority vote of at least two-thirds of the members of the Palestinian Legislative Council.

Article 121

This Amended Basic Law shall be effective as of its publication in theOfficial Gazette.

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Palestine 2005 Amendments to Basic Law

2005 Amendment to the Basic Law

The Basic Law of 2005 A.D. Concerning the Amendment some of the Provisions of the Amended Basic Law of 2003. Gaza: 2005. Bir Zeit Institute of Law: The Palestinian Legal and Judicial System ”al-Muqtafi”. http://web.archive.org/web/20070608180556/http://muqtafi.birzeit.edu/data/txt/2005/14860.htm, access via The Wayback Machine 13 December 2007

Concerning the Amendment some of the Provisions of the Amended Basic Law of 2003.

The Chairman of the Executive Committee of the Palestine Liberation Organization;

The President of the Palestinian National Authority.

Having reviewed the Amended Basic Law of 2003 A.D., particularly Article (120) thereof;

Based upon what the Legislative Council approved during its session, which convened on July 27th, 2005, A.D.;

Based upon what the public interest necessitates; and

In the name of the Palestinian People, I hereby promulgate the following Law:

Article 1

Articles 36, 47/Clause 3 thereunder, 48, and 55 of the Amended Basic Law of 2003 A.D. shall be amended so as to become as follows:

Article 36

The term of the presidency of the National Authority shall be four years. The President shall have the right to nominate himself for a second term of presidency, provided that he shall not occupy the position of the presidency more than two consecutive terms.

Article 47 – Clause 3

The term of the Legislative Council shall be four years from the date of its being elected and the elections shall be conducted once each four years in a regular manner.

Article 48

The members of the Legislative Council shall be elected in general, free and direct elections in accordance with the provisions of the Elections Law, which shall determine the number of members, electoral constituencies and electoral system.

In the event the position of a member of more than a member of the Legislative Council becomes vacant, the vacancy shall be occupied in accordance with the provisions of the Elections Law.

Article 55

Allocations, rights and obligations of the members of the Legislative Council and Ministers shall be determined by law.

Article 2

A new article under number (47 bis) shall be added to the Amended Basic Law of 2003 A.D., the provision of which shall be as follows:

Article 47 bis

The term of the current Legislative Council shall terminate when the members of the new elected Council take the constitutional oath.

Article 3

This Law shall be effective as of its publication in the Official Gazette.

Promulgated in the City of Gaza on August 13, 2005 A.D.

Corresponding to Rajab 8, 1426 A.H.

Mahmoud Abbas

Chairman of the Executive Committee of the Palestine Liberation Organization

President of the Palestinian National Authority

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Saudi Arabia

Saudi Arabia - Constitution

{ Adopted on: March 1992 }

{ Adopted by Royal decree of King Fahd }

{ ICL Document Status: Oct 1993 }

 

Chapter 1   General Principles

 

Article 1

The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; God's Book and the Sunnah of His Prophet, God's prayers and peace be upon him, are its constitution, Arabic is its language and Riyadh is its capital.

 

Article 2

The state's public holidays are Id al-Fitr and Id al-Adha.  Its calendar is the Hegira calendar.

 

Article 3

The state's flag shall be as follows:

(a) It shall be green.

(b) Its width shall be equal to two-thirds of it's length.

(c) The words "There is but one God and Mohammed is His Prophet" shall be inscribed in the center with a drawn sword under it.  The statute shall define the rules pertaining to it.

 

Article 4

The state's emblem shall consist of two crossed swords with a palm tree in the upper space between them.  The statute shall define the state's anthem and its medals.

 

Chapter 2  [Monarchy]

 

Article 5

(a) The system of government in the Kingdom of Saudi Arabia is that of a monarchy .

(b) Rule passes to the sons of the founding King, Abd al-Aziz Bin Abd al-Rahman al-Faysal Al Sa'ud, and to their children's

children.  The most upright among them is to receive allegiance in accordance with the principles of the Holy Koran and the Tradition of the Venerable Prophet.

(c) The King chooses the Heir Apparent and relieves him of his duties by Royal order.

(d) The Heir Apparent is to devote his time to his duties as an Heir Apparent and to whatever missions the King entrusts him with.

(e) The Heir Apparent takes over the powers of the King on the latter's death until the act of allegiance has been carried out.

 

Article 6

Citizens are to pay allegiance to the King in accordance with the holy Koran and the tradition of the Prophet, in submission and obedience, in times of ease and difficulty, fortune and adversity.

 

Article 7

Government in Saudi Arabia derives power from the Holy Koran and the Prophet's tradition.

 

Article 8  [Government Principles]

Government in the Kingdom of Saudi Arabia is based on the premise of justice, consultation, and equality in accordance with the Islamic Shari'ah.

 

Chapter 3  Features of the Saudi Family

 

Article 9

The family is the kernel of Saudi society, and its members shall be brought up on the basis of the Islamic faith, and loyalty and obedience to God, His Messenger, and to guardians; respect forand implementation of the law, and love of and pride in the homeland and its glorious history as the Islamic faith stipulates.

 

Article 10

The state will aspire to strengthen family ties, maintain its Arab and Islamic values and care for all its members, and to provide the right conditions for the growth of their resources and capabilities.

 

Article 11

Saudi society will be based on the principle of adherence to God's command, on mutual cooperation in good deeds and piety and mutual support and inseparability.

 

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Article 12

The consolidation of national unity is a duty, and the state will prevent anything that may lead to disunity, sedition and separation.

 

Article 13

education will aim at instilling the Islamic faith in the younger generation, providing its members with knowledge and skills and preparing them to become useful members in the building of their society, members who love their homeland and are proud of its history.

 

Chapter 4  Economic Principles

 

Article 14

All God's bestowed wealth, be it under the ground, on the surface or in national territorial waters, in the land or maritime domains under the state's control, are the property of the state as defined by law.  The law defines means of exploiting, protecting, and developing such wealth in the interests of the state, its security and economy.

 

Article 15

No privilege is to be granted and no public resource is to be exploited without a law.

 

Article 16

Public money is sacrosanct.  The state has an obligation to protect it and both citizens and residents are to safeguard it.

 

Article 17

Property , capital, and labor are essential elements in the Kingdom's economic and social being.  They are personal rights which perform a social function in accordance with Islamic Shari'ah.

 

Article 18

The state protects freedom of private property and its sanctity.  No one is to be stripped of his property except when it serves the public interest, in which case fair compensation is due.

 

Article 19

Public confiscation of money is prohibited and the penalty of private confiscation is to be imposed only by a legal order.

 

Article 20

Taxes and fees are to be imposed on a basis of justice and only when the need for them arises.  Imposition, amendment, revocation and exemption is only permitted by law.

 

Article 21

Alms tax is to be levied and paid to legitimate recipients.

 

Article 22

Economic and social development is to be achieved according to a just and scientific plan.

 

Chapter 5  Rights and Duties

 

Article 23  [Islam]

The state protects Islam; it implements its Shari'ah; it orders people to do right and shun evil; it fulfills the duty regarding God's call.

 

Article 24  [Holy Places]

The state works to construct and serve the Holy Places; it provides security and care for those who come to perform the pilgrimage and minor pilgrimage in them through the provision of facilities and peace.

 

Article 25  [World Peace]

The state strives for the achievement of the hopes of the Arab and Islamic nation for solidarity and unity of word, and to consolidate its relations with friendly states.

 

Article 26  [Human Rights]

The state protects human rights in accordance with the Islamic Shari'ah.

 

Article 27  [Welfare Rights]

The state guarantees the rights of the citizen and his family in cases of emergency, illness and disability, and in old age; it supports the system of social security and encourages institutions and individuals to contribute in acts of charity.

 

Article 28  [Work]

The state provides job opportunities for who-ever is capable of working; it enacts laws that protect the employee and employer.

 

Article 29  [Science, Culture]

The state safeguards science, literature and culture; it encourages scientific research; it protects the Islamic and Arab

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heritage and contributes toward the Arab, Islamic and human civilization.

 

Article 30  [Education]

The state provides public education and pledges to combat illiteracy.

 

Article 31  [Health Care]

The state takes care of health issues and provides health care for each citizen.

 

Article 32  [Environment, Nature]

The state works for the preservation, protection, and improvement of the environment, and for the prevention of pollution.

 

Article 33  [Armed Forces]

The state establishes and equips the Armed Forces for the defence of the Islamic religion, the Two Holy Places, society, and the citizen.

 

Article 34  [Military Service]

The defence of the Islamic religion, society, and country is a duty for each citizen.  The regime establishes the provisions of military service.

 

Article 35  [Citizenship]

The statutes define the Regulations governing Saudi Arabian nationality.

 

Article 36  [Arrest]

The state provides security for all its citizens and all residents within its territory and no one shall be arrested, imprisoned, or have their actions restricted except in cases specified by statutes.

 

Article 37  [Home]

The home is sacrosanct and shall not be entered without the permission of the owner or be searched except in cases specified by statutes.

 

Article 38  [Punishment, nulla poena]

Penalties shall be personal and there shall be no crime or penalty except in accordance with the Shari'ah or organizational law.  There shall be no punishment except for acts committed subsequent to the coming into force of the organizational law.

 

Article 39  [Expression]

Information, publication, and all other media shall employ courteous language and the state's regulations, and they shall contribute to the education of the nation and the bolstering of its unity.  All acts that foster sedition or division or harm the state's security and its public relations or detract from man's dignity and rights shall be prohibited.  The statutes shall define all that.

 

Article 40  [Communication]

Telegraphic, postal, telephone, and other means of communications shall be safeguarded.  They cannot be confiscated, delayed, read or listened to except in cases defined by statutes.

 

Article 41  [Residents' Duties]

Residents of the Kingdom of Saudi Arabia shall abide by its laws and shall observe the values of Saudi society and respect its traditions and feelings.

 

Article 42  [Asylum, Extradition]

The state shall grant the right to political asylum when the public interest demands this.  Statutes and international agreements shall define the rules and procedures governing the extradition of common criminals.

 

Article 43  [Royal Courts]

The King's Court and that of the Crown Prince shall be open to all citizens and to anyone who has a complaint or a plea against an injustice.  Every individual shall have a right to address the public authorities in all matters affecting him.

 

Chapter 6  The Authorities of the State

 

Article 44

The authorities of the state consist of the following :

the judicial authority;

the executive authority;

the regulatory authority.

These authorities cooperate with each other in the performance of their duties, in accordance with this and other laws.  The King shall be the point of reference for all these authorities.

 

Article 45

The source of the deliverance of fatwa in the Kingdom of Saudi Arabia are God's Book and the Sunnah of His

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Messenger.  The law will define the composition of the senior ulema body, the administration of scientific research, deliverance of fatwa and it's (the body of senior ulema's) functions.

 

Article 46

The judiciary is an independent authority.  There is no control over judges in the dispensation of their judgements except in the case of the Islamic Shari'ah.

 

Article 47

The right to litigation is guaranteed to citizens and residents of the Kingdom on an equal basis.  The law defines the required procedures for this.

 

Article 48

The courts will apply the rules of the Islamic Shari'ah in the cases that are brought before them, in accordance with what is indicated in the Book and the Sunnah, and statutes decreed by the Ruler which do not contradict the Book or the Sunnah.

 

Article 49

Observing what is stated in Article 53, the courts shall arbitrate in all disputes and crimes.

 

Article 50

The King, or whoever deputizes for him, is responsible for the implementation of judicial rulings.

 

Article 51

The authorities establish the formation of the Higher Council of Justice and its prerogatives; they also establish the seniority of the courts and their prerogatives.

 

Article 52

The appointment of judges and the termination of their duties is carried out by Royal decree by a proposal from the Higher Council of Justice in accordance with the provisions of the law.

 

Article 53

The law establishes the seniority of the tribunal of complaints and its prerogatives.

 

Article 54

The law establishes the relationship between the investigative body and the Prosecutor-general, and their organization and prerogatives.

 

Article 55

The King carries out the policy of the nation, a legitimate policy in accordance with the provisions of Islam; the King oversees the implementation of the Islamic Shari'ah, the system of government, the state's general policies; and the protection and defence of the country.

 

Article 56

The King is the head of the Council of Ministers; he is assisted in carrying out his duties by members of the Council of Ministers, in accordance with the provisions of this and other laws.  The Council of Ministers establishes the prerogatives of the Council regarding internal and external affairs, the organization of and co-ordination between government bodies.  It also establishes requirements to be fulfilled by ministers, their prerogatives, the manner of their questioning and all issues concerning them.  The law on the Council of Ministers and its prerogatives is to be amended in accordance with this law.

 

Article 57

(a) The King appoints and relieves deputies of the prime minister and ministers and members of the Council of Ministers by Royal decree.

(b) The deputies of the prime minister and ministers of the Council of Ministers are responsible, by expressing solidarity before the King, for implementing the Islamic Shari'ah and the state's general policy.

(c) The King has the right to dissolve and reorganize the Council of Ministers.

 

Article 58

The King appoints those who enjoy the rank of ministers, deputy ministers and those of higher rank, and relieves them of their posts by Royal decree in accordance with the explanations included in the law.  Ministers and heads of independent departments are responsible before the prime minister for the ministries and departments which they supervise.

 

Article 59

The law defines the rules of the civil service, including salaries, awards, compensations, favors and pensions.

 

Article 60

The King is the commander-in-chief of all the armed forces.  He appoints officers and puts an end to their duties in accordance with the law.

 

Article 61

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The King declares a state of emergency, general mobilization and war, and the law defines the rules for this.

 

Article 62

If there is a danger threatening the safety of the Kingdom or its territorial integrity, or the security of its people and its interests, or which impedes the functioning of the state institutions, the King may take urgent measures in order to deal with this danger And if the King considers that these measures should continue, he may then implement the necessary regulations to this end.

 

Article 63

The King receives Kings and Heads of State.  He appoints his representatives to states, and he receives the credentials of state representatives accredited to him.

 

Article 64

The King awards medals, as defined by regulations.

 

Article 65

The King may delegate prerogatives to the Crown Prince by Royal decree.

 

Article 66

In the event of his travelling abroad, the King issues a Royal decree delegating to the Crown Prince the management of the affairs of state and looking after the interests of the people, as defined by the Royal decree.

 

Article 67

The regulatory authority lays down regulations and motions to meet the interests of the state or remove what is bad in its affairs, in accordance with the Islamic Shari'ah.  This authority exercises its functions in accordance with this law and the laws pertaining to the Council of Ministers and the Consultative Council.

 

Article 68  [Consultative Council]

A Consultative Council is to be created.  Its statute will specify how it is formed, how it exercises its powers and how its members are selected.

 

Article 69

The King has the right to convene the Consultative Council and the Council of Ministers for a joint meeting and to invite whoever he wishes to attend that meeting to discuss whatever matters he wishes.

 

Article 70

International treaties, agreements, regulations and concessions are approved and amended by Royal decree.

 

Article 71

Statutes are to be published in the Official Gazette and take effect from the date of publication unless another date is specified.

 

Chapter 7  Financial Affairs

 

Article 72

(a) The statute explains the provisions concerning the state's revenue and its entry in the state's general budget .

(b) revenue is entered and spent in accordance with the rules specified in the statute.

 

Article 73

Any undertaking to pay a sum of money from the general budget must be made in accordance with the provisions of the budget.  If it is not possible to do so in accordance with the provisions of the budget, then it must be done in accordance with Royal decree.

 

Article 74

The sale, renting or use of state assets is not permitted except in accordance with the statute.

 

Article 75

The statutes will define the monetary and banking provisions, the standards, weights and measures.

 

Article 76

The law will fix the state's financial year and will announce the budget by way of a Royal decree.  It will also assess the revenues and expenditure of that year at least one month before the start of the financial year.  If, for essential reasons, the budget is not announced and the new financial year starts, the budget of the previous year will remain in force until the new budget is announced.

 

Article 77

The competent body will prepare the state's final statement of account for the passing year and will submit it to the head of the council of ministers.

 

Article 78

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The same provisions will apply both to the budgets of the corporate bodies and their final statements of account and to the state's budget and its final statement of account.

 

Chapter 8  Control Bodies

 

Article 79

All the state's revenues and expenditures will come under subsequent control and all the state's movable and immovable funds will be controlled in order to confirm the good use of these funds and their preservation.  An annual report will be submitted on this matter to the head of the Council of Ministers.  The law will define the competent control body and its obligations and prerogatives.

 

Article 80

government bodies will come under control in order to confirm the good performance of the administration and the implementation of the statutes.  Financial and administrative offenses will be investigated and an annual report will be submitted on this matter to the head of the Council of Ministers.  The law will define the competent body in charge of this and it's obligations and prerogatives.

 

Chapter 9  General Provisions

 

Article 81

The implementation of this law will not prejudice the treaties and agreements signed by the Kingdom of Saudi Arabia with international bodies and organizations.

 

Article 82

Without violating the content of Article 7, no provision of this law whatsoever may be suspended unless it is temporarysuch as in a time of war or during the declaration of a state of emergency.  This temporary suspension will be in accordance with the terms of the law.

 

Article 83

This law may only be amended in the same way as it was promulgated.

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Tunisia

Tunisia - Constitution

{ Adopted on: 1 June 1959 }

{ Amendment on: 12 July 1988 }

{ ICL Document Status: 1991 }

{ Editor's Note:

The text of the ICL edition reflects the status of 1991, thereby including the significant amendments of 1988, but not yet those (numerous) changes after 1991. }

 

Preamble

In the name of God, the Compassionate and Merciful,

We , the representatives of the Tunisian people, meeting as members of the National Constituent Assembly,

Proclaim the will of this people, set free from foreign domination thanks to its powerful cohesion and to its struggle against tyranny, exploitation, and regression;

- to consolidate national unity and to remain faithful to human values which constitute the common heritage of peoples attached to human dignity , justice, and liberty, and working for peace, progress, and free cooperation between nations;

- to remain faithful to the teachings of Islam, to the unity of the Greater Maghreb, to its membership of the Arab family, to cooperation with the African peoples in building a better future, and with all peoples who are struggling for justice and liberty;

- to install a democracy founded on the sovereignty of the people, characterized by a stable political system, and based on the principle of the separation of powers.

We proclaim that the republican regime constitutes:

- the best guarantee for the respect of rights and duties of all citizens;

- the most effective means for assuring the prosperity of the nation through economic development of the country and the utilization of its riches for the benefit of the people;

- the most certain way for assuring the protection of the family and guaranteeing to each citizen work, health, and education.

We, the representatives of the Tunisian poople, free and sovereign, proclaim, by the Grace of God, the present Constitution.

 

Chapter I  General Provisions

 

Article 1  [State]

Tunisia is a free State, independent and sovereign; its religion is the Islam, its language is Arabic, and its form is the Republic.

 

Article 2  [Arab Nation, Treaties]

(1) The Tunisian Republic constitutes part of the Great Arab Maghreb, towards whose unity it works within the framework of common interests.

(2) Treaties concluded to this effect and being of such nature as to bring about any modification whatsoever to the present Constitution have to be submitted to a referendum by the President of the Republic after having been adopted by the National Parliament in the forms and conditions established by the Constitution.

 

Article 3  [Sovereignty]

The sovereignty belongs to the Tunisian poople who exercise it in conformity with the Constitution.

 

Article 4  [Flag]

The flag of the Tunisian Republic is red; it has in the middle, under the conditions prescribed by the law, a white circle in which is displayed a five-pointed star surrounded by a red crescent.

 

Article 5  [Personal Integrity, Conscience, Belief]

The Tunislan Republic guarantees the inviolability of the human person and freedom of conscience, and protects the free exercise of beliefs , with reservation that they do not disturb the public order.

 

Article 6  [Equality]

All citizens have the same rights and the same duties.  They are equal before the law.

 

Article 7  [Legitimate Purposes of Restriction]

The citizens exercise the plenitude of their rights in the forms and conditions established by the law.  The exercise of these rights cannot be limited except by a law enacted for the protection of others, the respect for the public order, the national defense, the development of the economy, and social progress.

 

Article 8  [Expression, Unions]

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(1) The liberties of opinion, expression , the press, publication, assembly, and association are guaranteed and exercised within the conditions defined by the law.

(2) The right of unionization is guaranteed.

 

Article 9  [Home, Secrecy of Correspondence]

The inviolability of the home and the secrecy of correspondence are guaranteed, save in exceptional cases established by the law.

 

Article 10  [Move, Domicile]

Every citizen has the right to move freely in the interior of the territory, to leave it, and to establish his domicile within the limits established by the law.

 

Article 11  [Expatriation]

No citizen can be expatriated or prevented from returning to his country.

 

Article 12  [Presumption of Innocence]

Every accused person is presumed innocent until his guilt is established in accordance with a procedure offering him guarantees indispensable for his defence.

 

Article 13  [Personal Punishment, Nulla Poena Sine Lege]

The sentence is personal and cannot be pronounced except by virtue of a law existing prior to the punishable act.

 

Article 14  [Property]

The right to property is guaranteed.  It is exercised within the limits established by the law.

 

Article 15  [Duty to Defense]

The defense of the country and the integrity of its territory is a sacred duty of every citizen.

 

Article 16  [Duty to Pay Taxes]

The payment of taxes and the contribution to public expenditures on an equitable basis constitute a duty for every person.

 

Article 17  [Asylum]

Political refugees cannot be extradited.

 

Chapter II  Legislative Power

 

Article 18  [National Parliament]

The people exercise the legislative power through a representative organ called National Parliament.

 

Article 19  [Election]

The members of the National Parliament are elected byuniversal, free, direct, and secret suffrage, according to the modalities and conditions determined by the Electoral Law.

 

Article 20  [Right to Vote]

An elector is every citizen possessing Tunisian nationality for at least five years and having attained at least twenty years of age.

 

Article 21  [Eligibility]

Any voter, born of a Tunisian father, who is at least twenty-five years of age on the day of submission of his candidacy, is eligible for election to the National Parliament.

 

Article 22  [Term, Re-Election]

The National Parliament is elected for a period of five years in the course of the last thirty days of its mandate.

 

Article 23  [Continuing Parliament]

In case of impossibility of proceeding with the elections during the designated time, because of war or imminent peril, the mandate of the National Parliament is extended by a law until the time it is possible to proceed with the elections.

 

Article 24  [Seat]

The seat of the National Parliament is established in Tunis or its environment.  However, under exceptional circumstances, the National Parliament may hold its sessions in any other place of the territory of the Republic.

 

Article 25  [Responsibility]

Every deputy is the representative of the entire Nation.

 

Article 26  [Indemnity]

A deputy cannot be prosecuted, arrested, or tried for opinions expressed, proposals made, or acts carried out in the exercise of his mandate in the National Parliament.

 

Article 27  [Immunity]

No deputy can be arrested or prosecuted for the duration of his mandate for a crime or misdemeanor as long as the National

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Parliament has not lifed the immunity which covers him.  However, in the event of flagrante delicto, arrest procedure is permitted, in such a case, the National Parliament is to be informed without delay.  The detention of a deputy is suspended if the National Parliament so requests.

 

Article 28  [Legislation]

(1) The National Parliament exercises the legislative power.  The presentation of legislation belongs equally to the President of the Republic and to the members of the National Parliament, priority being given to bills presented by the President of the Republic.

(2) The National Parliament may authorize the President of the Republic to issue decree-laws within a fixed time limit and for a specific purpose which must be submitted for ratification to the National Parliament upon expiration of that time limit.

(3) Organic and ordinary laws are passed by the National Parliament by absolute majority.  A draft organic law may not be submitted for deliberation by the National Parliament until afer the expiration of a period of fifteen days from its filing.

(4) Laws considered to be of an organic charcter are those specified by Articles 4, 8, 9, 10, 66, 67, 68, 69, 70 and 71.

(5) The electoral law has the form of an organic law.

(6) The National Parliament votes on bills concerning financial laws and the regulation of the budget under the conditionsstipulated in the organic law of the budget.  The budget must be voted at the latest by December 31.  If by that date the National Parliament has not made a decision, the provisions of the financial bill may be implemented by decree, in trimestrial renewable installments.

 

Article 29  [Sessions]

(1) The National Parliament meets each year in ordinary session which begins during the month of October and ends during the month of July.

(2) However, the first session of every legislature begins during the first fifteen days of November.

(3) During the vacation, the National Parliament may meet in extraordinary sessions on the request of the President or the majority of deputies.

 

Article 30  [Permanent Committees]

The National Parliament elects from among its members permanent committees, whose activity is pursued during the vacation of the National Parliament.

 

Article 31  [Decree-Laws During Vacation]

During the vacation of the National Parliament, the President of the Republic may, with the consent of the interested permanent committee, issue decree-laws which must be submitted to the ratification by the National Parliament during the next ordinary session.

 

Article 32  [Treaties]

Treaties do not have the force of law until after their ratification.  Treaties duly ratified have an authority superior to laws.

 

Article 33  [Approval of Treaties]

The treaties are approved by law.

 

Article 34  [Legislative Competences]

Matters relating to the following are regulated in the form of laws:

- the general modalities of the application of the Constitution, other than those relative to organic laws;

- the creation of offices, public establishments, societies, or national enterprises;

- citizenship, the status of persons, and obligations;

- the procedure before different orders of jurisdiction;

- the determination of crimes and offences and the penalties which apply to them;

- amnesty;

- the basis and rate of taxes for the benefit of the State, except the delegation accorded to the President by the laws of finances and fiscal laws;

- the regime of the issuance of money;

- loans and financial obligations of the State;

- the fundamental guarantees accorded to civilian and military functionaries.

 

Article 35  [Legislative Competence About Principles]

The law determines the fundamental principles of:

- the regime of property and real rights;

- public health;

- labor law and social security.

 

Article 36  [Development]

The law approves the development plan.  It authorizes the resources and charges of the State under conditions established by the organic law of the budget.

 

Chapter III  The Executive

 

[Section 0  General Provision]

 

Article 37  [Executive Power]

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The executive power is vested in the President of the Republic assisted by a Government directed by a Prime Minister.

 

Section I  The President of the Republic

 

Article 38  [Head of State]

The President of the Republic is the Head of the State .  His religion is Islam.

 

Article 39  [Election]

(1) The President of the Republic is elected for five years by universal, free, direct, and secret sufErage, within the last thirty days of the term of office and under the conditions specified by the electoral law.

(2) In case of an impossibility of proceeding with the elections at the appropriate time, because of war or due to imminent danger, the term of office of the President is extended by law until it becomes possible to proceed with the elections.  The President of the Republic may present himself for two consecutive mandates.

 

Article 40  [Eligibility]

(1) Any Tunisian who does not carry another nationality, who is of Moslem religion, and whose father, mother, and paternal and maternal grandfather have been of Tunisian nationality without interruption, may present himself as a candidate for the Presidency of the Republic.

(2) The candidate must, furthermore, be at least forty years and at most seventy years of age on the day of submitting his candidacy and must enjoy all his civil and political rights.

(3) The candidate has to be presented by electors in accordance with the modalities and conditions stipulated by the election law.  The declaration of candidacy must be recorded in a special register before a commission composed of the President and the following four members: the President of the National Parliament, the President of Constitutional Council, the First President of the Court of Cessation, and the First President of the Administrative Tribunal.  The commission rules on the validity of the candidacies, the challenges received, and proclaims the result of the ballot.

 

Article 41  [Functions]

The President of the Republic is the guarantor of national independence, of the integrity of the territory, and of respect for the Constitution and the laws as well as the execution of treaties.  He watches over the regolar functioning of the constitutional public powers and assures the continuity of the State.

 

Article 42  [Oath]

The elected President of the Republic gives the following oath before the National Parliament:

"I swear by God Allmighty to safeguard the national independence and the integrity of the territory, to respect the Constitution and the law, and to watch meticulously over the interests of the Nation."

 

Article 43  [Seat of Presidency]

The official seat of the Presidency of the Republic is established at Tunis and its surroundings.  Howover, under exceptional circomstances, it can be transferred provisionally to any otherlocation in the territory of the Republic.

 

Article 44  [Commander-in-Chief]

The President of the Republic is the Supreme Commander of the Armed Forces .

 

Article 45  [Diplomacy]

The President of the Republic accredits diplomatic representatives to foreign powers.  The diplomatic representatives are accredited to him.

 

Article 46  [Emergency Powers]

(1) In case of imminent peril menacing the institutions of the Republic, the security and independence of the country and obstructing the regular functioning of the public powers, the President of the Republic may take the exceptional measures necessitated by the circumstances, after consultation with the Prime Minister and the President of the National Parliament.

(2) During this period, the President of the Republic may not dissolve the National Parliament and no motion of censure may be presented against the Governwent.

(3) These measures ccase to have effect as soon as the circumstances that produced them come to an end.  The President of the Republic addresses a message to the National Parliament on this subject.

 

Article 47  [Referendum]

(1) The President of the Republic may submit to a referendum any bill relating to the organization of the public powers

or seeking to ratify a treaty which, without being contrary to the Constitution, may affect the functioning of the institutions.

(2) When the referendum has resulted in the adoption of the bill, the President of the Republic promulgates it within a maximum period of fifteen days.

 

Article 48  [Treaties, War, Peace, Pardon]

(1) The President of the Republic ratifies the treaties.

(2) He declares war and concludes peace with the approval of the National Parliament.

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(3) He exercises the right of pardon.

 

Article 49  [Policy, Informing Parliament]

(1) The President of the Republic directs the general policy of the Nation, defines its fundamental options, and informs the National Parliament accordingly.

(2) The President of the Republic communicates with the National Parliament either directly or by message.

 

Article 50  [Nomination of Government]

(1) The President of the Republic nominates the Prime Minister, and on his suggestion, the other members of the Government.

(2) The President of the Republic presides over the Council of Ministers.

 

Article 51  [Dismissal of Government]

The President of the Republic dismisses the Government or one of its members on his own initiative or on the recommendation of the Prime Minister.

 

Article 52  [Promulgation, Veto]

(1) The President of the Republic promulgates constitutional, organic, or ordinary laws and ensures their publication in the Official Journal of the Tunisian Republic within a maximum period of fifteen days counting from the transmission by the President of the National Parliament.

(2) The President of the Republic may, during this period, return the bill to the National Parliament for a second reading.  If the bill is adopted by the National Parliament with a majority of two-thirds of its members, the law is promulgated and published within a second period of fifteen days.

 

Article 53  [Execution of Laws, Regulatory Power]

The President of the Republic watches over the execution of the laws.  He exercises the general regulatory power and may delegate all or part of it to the Prime Minister.

 

Article 54  [Deliberation of Bills, Countersignature]

(1) Bills are deliberated on in the Council of Ministers.

(2) Decrees of a regulatory character are countersigned by the Prime Minister and the interested member of the Government.

 

Article 55  [Nomination of Officers]

The President of the Republic nominates the highest civil and military officers on the recommendation of the Government.

 

Article 56  [Temporary Disability]

(1) In case of temporary disability, the President of the Republic may, by decree, delegate his powers to the Prime Minister with the exclusion of the power of dissolution.

(2) During the temporary disability of the President of the Republic, the Government, even if it is the object of a motion of censure, remains in place until the end of this disability.

(3) The President of the Republic informs the President of the National Parliament of the provisional delegation of his powers.

 

Article 57  [Vacancy]

(1) In case the Presidency of the Republic becomes vacant on account of death, resignation, or total incapacity, the President of the National Parliament immediately is invested temporarily with the functions of the Republic for a period of at least 45 days and at most 60 days.  He takes the constitutional oath before the National Parliament, and during its absence, before the Bureau of the National Parliament.

(2) The interim President of the Republic may not be a candidate for the Presidency of the Republic even in the case of resignation.

(3) The interim President of the Republic discharges the functions of the President of the Republic, however, without resorting to referendum, dismissing the Government, dissolving the National Parliament, or taking the exceptional measures provided for in Article 46.

(4) During this period, a motion of censure against the Government cannot be presented.

(5) During the same period, presidential elections are organized to elect a new President of the Republic for a term of five years.

(6) The new President of the Republic may dissolve the National Parliament and organize early legislative elections in conformity with the provisions of Article 63 (2).

 

Section II  The Government

 

Article 58  [Functions]

The Government puts into effect the general policy of the Nation, in conformity with the orientations and options defined by the President of the Republic.

 

Article 59  [Responsibility]

The Government is responsible to the President of the Republic for its conduct.

 

Article 60  [Prime Minister's Functions]

The Prime Minister directs and coordinates the work of the government.  He substitutes, as necessary, for the President of the Republic in presiding over the Council of Ministers or any other Conncil.

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Article 61  [Government in Parliament]

(1) The members of the Goverament have the right of access to the National Parliament as well as to its committees.

(2) Any deputy may address written or oral questions to the Government.

 

Article 62  [Motion of Censure]

(1) The National Parliament may, by a vote on a motion of censure, oppose the continuation of the responsibilities of the government, if it finds that the government is not following the general policy and the fundamental options provided for in Articles 49 and 58.

(2) The motion is not receivable unless it is motivated and signed by at least half of the membership of the National Parliament.

(3) The vote may not take place until 48 hours have elapsed after the motion of censure.

(4) When a motion of censure is adopted by a majority of two-thirds of the deputies, the President of the Republic accepts the resignation of the government presented by the Prime Minister.

 

Article 63  [Dissolution of Parliament]

(1) If the National Parliament has adopted a second motion of censure with a two-thirds majarity during the same legislative period, the President of the Republic may either accept the resignation of the government or dissolve the National Parliament.

(2) The decree dissolving the National Parliament must include the calling of new elections within a maximum period of thirty days.

 

Chapter IV  The Judiciary

 

Article 64  [Judgments]

Judgments are rendered in the name of the People and in the name of the President of the Republic.

 

Article 65  [Independence of Judiciary]

The judiciary is independent ; the magistrates in the exercise of their functions are not subjected to any authority other than the law.

 

Article 66  [Nomination of Magistrates]

Magistrates are nominated by decree of the President of the Republic upon the recommendation of the Superior Conncil of the Magistrature.  The modalities of their recruitment are determined by law.

 

Article 67

The Superior Conncil of the Magistrature, whose composition and attributions are determined by law, watches over the application of the guarantees accorded to magistrates in the matter of nomination, advancement, transfer, and discipline.

 

Chapter V  The High Court

 

Article 68  [High Treason by Government]

The High Court meets in a case of high treason committed by a member of the Government.  The competence and thecomposition of the High Court as well as the procedure applicable before it are specified by law.

 

Chapter VI  The Council of State

 

Article 69  [Administrative Tribunal, Court of Accounts]

(1) The Conncil of State is composod of two organs:

1) The Administrative Tribunal;

2) The Court of Accounts.

(2) The composition and the competence of the Council of State as well as the procedure applicable before it are determined by law.

 

Chapter VII  The Economic and Social Council

 

Article 70  [Consultative Assembly]

The Economic and Social Council is a consultative assembly in economic and social matters.  Its composition and its relations with the National Parliament are determined by law.

 

Chapter VIII  The Local Collectivities

 

Article 71  [Local Councils]

The municipal and regional Councils conduct the local affairs under the conditions determined by law.

 

Chapter IX  Amendments of the Constitution

 

Article 72  [Initiative, Prohibited Amendments]

The initiative for the amendment of the Constitution belongs to the President of the Republic or to at least one-third of the members of the National Parliament, with the reservation that it does not affect the republican form of the State.

 

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Article 73  [Deliberation, Majority, Second Reading]

(1) The National Parliament may not deliberate on the proposed amendment except following a resolution passed by an absolute majarity and after a special ad hoc committee has determined and studied the objective.

(2) The Constitution cannot be amended except following the adoption by the National Parliament of the amendment proposal with a majority of two-thirds of its members after two readings, the second of which may not take place until at least three months after the first.

 

Article 74  [Promulgation]

The President of the Republic promulgates the law which contains the provision of the Constitution under the form of a constitutional law in conformity with Article 52.

 

[Chapter X]  Transitory Provisions

(1) The incumbent President of the Republic whose term of office expires during the month of November 1991, may, prior to that date, organize early elections, be they presidential, legislative, or both at the same time.

(2) In case only early presidential elections are held, the current term of the National Parliament expires at the same time as that of the new President of the Republic elected in accordance with the present paragraph.

(3) In case only early legislative elections are held, the term of the President of the Republic ends at the same time as that of the newly elected National Parliament.

(4) (2) The decrees pertaining to the early elections provided for by this Article must include the convening of the electors for new elections within a maximum period of thirty days.

(5) (3) The newly elected National Parliament must convene within eight days after the proclamation of the election results.

(6) (4) The term of the incumbent President ends upon the proclamation of the results of the early presidential elections.

(7) (5) The legislative term of the current National Parliament ends on the day of the convening of the new National Parliament.

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UAE Constitution

United Arab Emirates Constitution

The Federal National Council (FNC) and the Federal Supreme Council (FSC) amended the 2 December 1971 interim constitution of the United Arab Emirates, drafted with the establishment of the federation, to make it permanent in 1996.

We, the Rulers of the Emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Umm AI Quwain and Fujairah (1):

Whereas it is our desire and the desire of the people of our Emirates to establish a Union between these Emirates, to promote a better life, more enduring stability and a higher international status for the Emirates and their people;

Desiring to create closer links between the Arab Emirates in the form of an independent, sovereign, federal state, capable of protecting its existence and the existence of its members, in co-operation with the sister Arab states and with all other friendly states which are members of the United Nations Organisation and of the family of nations in general, on a basis of mutual respect and reciprocal interests and benefits,

Desiring also to lay the foundation for federal rule in the coming years on a sound basis, corresponding to the realities and the capacities of the Emirates at the present time, enabling the Union, so far as possible, freely to achieve its goals, sustaining the identity of its members providing that this is not inconsistent with those goals and preparing the people of the Union at the same time for a dignified and free constitutional life, and progressing by steps towards a comprehensive, representative, democratic regime in an Islamic and Arab society free from fear and anxiety;

And whereas the realisation of the foregoing was our dearest desire, towards which we have bent our strongest resolution, being desirous of advancing our country and our people to the status of qualifying them to take appropriate place among civilised states and nations;

1 - Ras El Khaimah joined the Union on the 10th of February 1972.

For all these reasons and until the preparation of the permanent Constitution for the Union may be completed, we proclaim before the Supreme and Omnipotent Creator, and before all the peoples, our agreement to this provisional Constitution, to which our signatures were appended, which shall be implemented during the transitional period indicated in it ;

May Allah, our Protector and Defender, grant us success

Constitutional Amendment No. (1) of 1996

The federation supreme council, after perusing the Federation Temporary Constitution and the approval of the Cabinet, and Based on what was considered by the Federation Supreme Council and approved by the Cabinet and the Federal National

Council and certified by the Federation Supreme Council, Resolved:

Article One

The word ?Temporary? is canceled from the United Arab Emirates Constitution wherever it is.

Article Two

Abu Dhabi City is the Capital of the Federation.

Article Three

Any text or provision contrary to this amendment is canceled.

Article Four

This constitutional amendment shall be applicable as of the date of issuance there of and be published in the official gazette.

Zayed Bin Sultan Al-Nhayan President of United Arab Emirates Issued by us at the presidential palace in Abu Dhabi, On: 22 Rajab 1417 Hijri Corresponding to: 2 Dec. 1996

4 All rights are reserved for the Federal National Council 2003.

Article 10

The aims of the Union shall be the maintenance of its independence and sovereignty. The safeguard of its security and stability. The defence against any aggression upon its existence or the existence of its member states. The protection of the rights and liabilities of the people of the Union. The achievement of close co-operation between the Emirates for their common benefit in realising these aims and in promoting their prosperity and progress in all fields. The provision of a better life for all citizens together with respect by each Emirate for the independence and sovereignty of the other Emirates in their internal affairs within the framework of this Constitution.

Article 11

1. The Emirates of the Union shall form an economic and customs entity. Union Laws shall regulate the progressive stages appropriate to the achievement of this entity.

2. The free movement of all capital and goods between the Emirates of the Union is guaranteed and may not be restricted except by a Union Law.

3. All taxes, fees, duties and tolls imposed on the movement of goods from one member Emirate to the other shall be abolished.

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Article 12

The foreign policy of the Union shall be directed towards support for Arab and Islamic causes and interests and towards the consolidation of the bonds of friendship and co-operation with all nations and peoples on the basis of the principles of the charter of the United Nations and ideal international standards.

PART TWO THE FUNDAMENTAL SOCIAL AND ECONOMIC BASIS OF THE UNION

Article 13

The Union and the member Emirates shall co-operate, within the limits of their jurisdiction and abilities, in executing the provisions of this Part.

Article 14

Equality, social justice, ensuring safety and security and equality of opportunity for all citizens shall be the pillars of the Society . Co-operation and mutual mercy shall be a firm bond between them.

Article 15

The family is the basis of society. It is founded on morality, religion, ethics and patriotism. The law shall guarantee its existence, safeguard and protect it from corruption.

Article 16

Society shall be responsible for protecting childhood and motherhood and shall protect minors and others unable to look after themselves for any reason, such as illness or incapacity or old age or forced unemployment. It shall be responsible for assisting them and enabling them to help themselves for their own benefit and that of the community.

Such matters shall be regulated by welfare and social security legislations.

Article 17

Education shall be a fundamental factor for the progress of society. It shall be compulsory in its primary stage and free of charge at all stages, within the Union. The law shall prescribe the necessary plans for the propagation and spread of education at various levels and for the eradication of illiteracy.

Article 18

Private schools may be established by individuals and organisations in accordance with the provisions of the law, provided that such schools shall be subject to the supervision of the competent public authorities and to their directives.

Article 19

Medical care and means of prevention and treatment of diseases and epidemics shall be ensured by the community for all citizens.

The community shall promote the establishment of public and private hospitals, dispensaries and cure - houses.

Article 20

Society shall esteem work as a cornerstone of its development. It shall endeavour to ensure that employment is available for citizens and to train them so that they are prepared for it. It shall furnish the appropriate facilities for that by providing legislations protecting the rights of the employees and the interests of the employers in the light of developing international labour legislations.

Article 21

Private property shall be protected. Conditions relating thereto shall be laid down by Law. No one shall be deprived of his private property except in circumstances dictated by the public benefit in accordance with the provisions of the Law and on payment of a just compensation.

Article 22

Public property shall be inviolable. The protection of public property shall be the duty of every citizen. The Law shall define the cases in which penalties shall be imposed for the contravention of that duty. Article 23 The natural resources and wealth in each Emirate shall be considered to be the public property of that Emirate. Society shall be responsible for the protection and proper exploitation of such natural resources and wealth for the benefit of the national economy. Article 24 The basis of the national economy shall be social justice. It is founded on sincere co-operation between public and private activities. Its aim shall be the achievement of economic development, increase of productivity, raising the standards of living and the achievement of prosperity for citizens, all within the limits of Law.

PART THREE FREEDOM, RIGHTS AND PUBLIC DUTIES

Article 25

All persons are equal before the law, without distinction between citizens of the Union in regard to race, nationality, religious belief or social status.

Article 26

Personal liberty is guaranteed to all citizens. No person may be arrested, searched, detained or imprisoned except in accordance with the provisions of law.

No person shall be subjected to torture or to degrading treatment.

Article 27

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Crimes and punishments shall be defined by the law. No penalty shall be imposed for any act of commission or omission committed before the relevant law has been promulgated.

Article 28

Penalty is personal. An accused shall be presumed innocent until proved guilty in a legal and fair trial. The accused shall have the right to appoint the person who is capable to conduct his defence during the trial. The law shall prescribe the cases in which the presence of a counsel for defence shall be assigned.

Physical and moral abuse of an accused person is prohibited.

Article 29

Freedom of movement and residence shall be guaranteed to citizens within the limits of law.

Article 30

Freedom of opinion and expressing it verbally, in writing or by other means of expression shall be guaranteed within the limits of law.

Article 31

Freedom of communication by post, telegraph or other means of communication and the secrecy thereof shall be guaranteed in accordance with law.

Article 32

Freedom to exercise religious worship shall be guaranteed in accordance with established customs, provided that it does not conflict with public policy or violate public morals.

Article 33

Freedom of assembly and establishing associations shall be guaranteed within the limits of law.

Article 34

Every citizen shall be free to choose his occupation, trade or profession within the limits of law. Due consideration being given to regulations organising some of such professions and trades. No person may be subjected to forced labour except in exceptional circumstances provided for by the law and in return for compensation.

No person may be enslaved.

11 All rights are reserved for the Federal National Council 2003.

Article 41

Every person shall have the right to submit complaints to the competent authorities, including the judicial authorities. concerning the abuse or infringement of the rights and freedom stipulated in this Part.

Article 42

Payment of taxes and public charges determined by law is a duty of every citizen.

Article 43

Defence of the Union is a sacred duty of every citizen and military service s an honour for citizens which shall be regulated by law.

Article 44

Respect of the Constitution. laws and orders issued by public authorities in execution thereof, observance of public order and respect of public morality are duties incumbent upon all inhabitants of the Union.

PART FOUR THE UNION AUTHORITIES

Article 45

The Union authorities shall consist of :-

1. The Supreme Council of the Union.

2. The President of the Union and his Deputy.

3. The Council of Ministers of the Union.

4. The National Assembly of the Union.

5. The Judiciary of the Union.

CHAPTER 1

THE SUPREME COUNCIL OF THE UNION

Article 46

The Supreme Council of the Union shall be the highest authority in the Union. It shall consist of the Rulers of all the Emirates composing the Union, or of those who deputies for the Rulers in their Emirates in the event of their absence or if they have been excused from attending.

Each Emirate shall have a single vote in the deliberations of the Council.

Article 47

The Supreme Council of the Union shall exercise the following matters :-

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1. Formulation of general policy in all matters invested in the Union by this Constitution and consideration of all matters which leads to the achievement of the goals of the Union and the common interest of the member Emirates.

2. Sanction of various Union laws before their promulgation, including the Laws of the Annual General Budget and the Final Accounts.

3. Sanction of decrees relating to matters which by virtue of the provisions of this Constitution are subject to the ratification or agreement of the Supreme Council. Such sanction shall take place before the promulgation of these decrees by the President of the Union.

4. Ratification of treaties and international agreements. Such ratification shall be accomplished by decree.

5. Approval of the appointment of the Chairman of the Council of Ministers of the Union, acceptance of his resignation and his removal from office upon a proposal from the President of the Union.

6. Approval of the appointment of the President and Judges of the Supreme Court of the Union, acceptance of their resignations and their dismissal in the circumstances stipulated by this Constitution. Such acts shall be accomplished by decrees.

7. Supreme Control over the affairs of the Union in general.

8. Any other relevant matters stipulated in this Constitution or in the Union laws.

Article 48

1. The Supreme Council shall lay down its own bye-laws which shall include its procedure for the conduct of business and the procedure for voting on its decisions. The deliberations of the Council shall be secret.

2. The Supreme Council shall establish a general Secretariat which shall consist of an adequate number of officials to assist it in the execution of its duties.

Article 49

Decisions of the Supreme Council on substantive matters shall be by a majority of five of its members provided that this majority includes the votes of the Emirates of Abu Dhabi and Dubai. The minority shall be bound by the view of the said majority.

But, decisions of the Council on procedural matters shall be by a majority vote. Such matters shall be defined in the bye-laws of the Council.

Article 50

Sessions of the Supreme Council shall be held in the Union capital. Sessions may be held in any other place agreed upon beforehand.

Chapter II

THE PRESIDENT OF THE UNION AND HIS DEPUTY

Article 51

The Supreme Council of the Union shall elect from among its members a President and a Vice President of the Union. The Vice President of the Union shall exercise all the powers of the President in the event of his absence for any reason.

Article 52

The term of office of the President and the Vice President shall be five Gregorian years. They are eligible for re-election to the same offices.

Each of them shall, on assuming office, take the following oath before the Supreme Council

" I swear by Almighty God that I will be faithful to the United Arab Emirates; that 1 will respect its Constitution and its laws; that I will protect the interests of the people of the Union; that I will discharge my duties faithfully and loyally and that I will safeguard the independence of the Union and its territorial integrity."

Article 53

Upon vacancy of the office of the President or his Deputy for death or resignation, or because either one of them ceases to be Ruler in his Emirate for any reason, the Supreme Council shall be called into session within one month of that date to elect a successor to the vacant office for the period stipulated in Article 52 of this Constitution.

In the event that the two offices of the President of the Supreme Council and his Deputy become vacant simultaneously, the Council shall be immediately called into session by any one of its members or by the Chairman of the Council of Ministers of the Union, to elect a new President and Vice President to fill the two vacant offices.

Article 54

The President of the Union shall assume the following powers:

1. Presiding the Supreme Council and directing its discussions.

2. Presiding the Supreme Council into session, and terminating its sessions according to the rules of procedure upon which the Council shall decide its bye-laws. It is obligatory for him to convene the Council for sessions, whenever one of its members so requested.

3. Calling the Supreme Council and the Council of Ministers into joint session whenever necessity demands.

4. Signing Union laws, decrees and decisions which the Supreme Council has sanctioned and promulgating them.

5. Appointing the Prime Minister, accepting his resignation and relieving him of office with the consent of the Supreme

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Council. He shall also appoint the Deputy Prime Minister and the Ministers and shall receive their resignations and relieve them of office in accordance with a proposal from the Prime Minister of the Union.

6. Appointing the diplomatic representatives of the Union to foreign states and other senior Union officials both civil and military (with the exception of the President and Judges of the Supreme Court of the Union) and accepting their resignations and dismissing them with the consent of the Council of Ministers of the Union. Such appointments, acceptance of resignations and dismissals shall be accomplished by decrees and in accordance with Union laws.

7. Signing of letters of credence of diplomatic representatives of the Union to foreign states and organisations and accepting the credentials of diplomatic and consular representatives of foreign states to the Union and receiving their letters of credence. He shall similarly sign documents of appointment and credence of representatives.

8. Supervising the implementation of Union laws, decrees and decisions through the Council of Ministers of the Union and the competent Ministers.

9. Representing the Union internally, vis-a-vis other states and in all international relations.

10. Exercising the right of pardon and commutation of sentences and approving capital sentences according to the provisions of this Constitution and Union laws.

11. Conferring decorations and medals of honour, both civil and military, in accordance with the laws relating to such decorations and medals.

12. Any other power vested in him by the Supreme Council or vested in him in conformity with this Constitution or Union laws.

17 All rights are reserved for the Federal National Council 2003.

Chapter III

THE COUNCIL OF MINISTERS OF THE UNION

Article 55

The Council of Ministers of the Union shall consist of the Prime Minister, his Deputy and a number of Ministers.

Article 56

Ministers shall be chosen from among citizens of the Union known for their competence and experience.

Article 57

The Prime Minister, his Deputy and the Ministers shall, before assuming the responsibilities of their office. take the following oath before the President of the Union:-

"I swear by Almighty God that I will be loyal to the United Arab Emirates; that I will respect its Constitution and laws; that 1 will discharge my duties faithfully; that 1 will completely observe the interests of the people of the Union and that I will completely safeguard the existence of the Union and its territorial integrity."

Article 58

The law shall define the Jurisdiction of the Ministers and the powers of each Minister . The first Council of Ministers of the Union shall be composed of the following Ministers: -

1. Foreign Affairs

2. Interior

3. Defence

4. Finance, Economy and Industry

5. Justice

6. Education

7. Public Health

8. Public Works and Agriculture

9. Communications, Post, Telegraph and Telephones

10. Labour and Social Affairs

11. Information

12. Planning

Article 59

The Prime Minister shall preside over the meetings of the Council of Ministers. He shall call it into session, direct its debates, follow up the activities of Ministers and shall supervise the co-ordination of work between the various Ministries and in all executive organs of the Union.

The Deputy Prime Minister shall exercise all the powers of the Prime Minister in the event of his absence for any reason.

Article 60

The Council of Ministers, in its capacity as the executive authority of the Union, and under the supreme control of the President of the Union and the Supreme Council. shall be responsible for dealing with all domestic and foreign affairs which are within the competence of the Union according to this Constitution and Union laws.

The Council of Ministers shall, in particular, assume the following powers:

1. Following up the implementation of the general policy of the Union Government both domestic and foreign.

2. Initiating drafts of Federal Laws and submitting them to the Union National Council before they are raised to the President of the Union for presentation to the Supreme Council for sanction.

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3. Drawing up the annual general budget of the Union, and the final accounts.

4. Preparing drafts of decrees and various decisions.

5. Issuing regulations necessary for the implementation of Union laws without amending or suspending such regulations or making any exemption from their execution. Issuing also police regulations and other regulations relating to the organisation of public services and administrations. within the limits of this Constitution and Union laws. A special provision of the law or the Council of Ministers, may charge the competent Union Minister or any other administrative authority to promulgate some of such regulations.

6. Supervising the implementation of Union laws, decrees, decisions and regulations by all the concerned authorities in the Union or in the Emirates.

7. Supervising the execution of judgements rendered by Union Law Courts and the implementation of international treaties and agreements concluded by the Union.

8. Appointment and dismissal of Union employees in accordance with the provisions of the law, provided that their appointment and dismissal do not require the issue of a decree.

9. Controlling the conduct of work in departments and public services of the Union and the conduct and discipline of Union employees in general.

10. Any other authority vested in it by law or by the Supreme Council within the limits of this Constitution.

All rights are reserved for the Federal National Council 2003.

All rights are reserved for the Federal National Council 2003.

Article 66

1. The Council of Ministers shall draw up its own bye-laws including its rules of procedure.

2. The Council of Ministers shall establish a general Secretariat

Provided with a number of employees to assist it in the conduct of Its business.

Article 67

The Law shall prescribe the salaries of the Prime Minister, his Deputy and the other Ministers.

Chapter IV

THE NATIONAL ASSEMBLY OF THE UNION

Section 1

General Provisions.

Article 68

The National Assembly of the Union shall be composed of forty (1) members. Seats shall be distributed to member Emirates as follows:

Abu Dhabi 8 seats

Dubai 8 seats

Sharjah 6 seats

Ras AI ? Khaimah 6 seats

Ajman 4 seats

Umm AI ? Quwain 4 seats

Fujairah 4 seats

Article 69

Each Emirate shall be free to determine the method of selection of the citizens representing it in the Union National Assembly.

Article 70

A member of the Union National Assembly must satisfy the following conditions :-

1. Must be a citizen of one of the Emirates of the Union, and permanently resident in the Emirate he represents in the Assembly.

2. Must be not less than twenty-five Gregorian years of age at the time of his selection.

3. Must enjoy civil status. good conduct, reputation and not previously convicted of a dishonourable offence unless he has been rehabilitated in accordance with the law.

4. Must have adequate knowledge of reading and writing.

Article 71

Membership of the Union National Assembly shall be incompatible with any public office in the Union, including Ministerial portfolios.

Article 72

The term of membership in the Union National Assembly shall be two Gregorian years commencing from the date of its first sitting. When this period expires, the Assembly shall be completely renewed for the time remaining until the end of the transitional period as laid down in Article 144 of this Constitution.

Any member who has completed his term may be re-elected

Article 73

Before assuming his duties in the Assembly or its Committees, a member of the Union National Assembly shall take the following oath before the Assembly in public session: -

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?I swear by Almighty God that I will be loyal to the United Arab Emirates; that I will respect the Constitution and the laws of the Union and that I will discharge my duties in the Assembly and its Committees honestly and truthfully? .

Article 74

If, for any reason, a seat of any member of the Assembly becomes vacant before the end of the term of his membership, a replacement shall be selected within two months of the date on which the vacancy is announced by the Assembly, unless the vacancy occurs during the three months preceding the end of the term of the Assembly.

The new member shall complete the term of membership of his predecessor.

Article 75

Sessions of the Union National Assembly shall be held in the Union capital. Exceptionally, sessions may be held in any other place within the Union on the basis of a decision taken by a majority vote of the members and with the approval of the Council of Ministers.

Article 76

The Assembly shall decide upon the validity of the mandate of its members. It shall also decide upon disqualifying members, if they lose one of the required conditions, by a majority of all its members and on the proposal of five among them. The Assembly shall be competent to accept resignation from membership. The resignation shall be considered as final from the date of its acceptance by the Assembly.

Article 77

A member of the National Assembly of the Union shall represent the whole people of the Union and not merely the Emirate which he represents in the Assembly.

Section 2

Organisation of work in the Assembly

Article 78

The Assembly shall hold an annual ordinary session lasting not less than six months, commencing on the third week of November each year. It may be called into extraordinary session whenever the need arises. The Assembly may not consider at an extraordinary session any matter other than those for which it has been called into session.

Notwithstanding the preceding paragraph, the President of the Union shall summon the Union National Assembly to convene its first ordinary session within a period not exceeding sixty days from the entry into force of this Constitution. This

session shall end at the time appointed by the Supreme Council by decree.

Article 79

The Assembly shall be summoned into session, and its session shall be terminated by decree issued by the President of the Union with the consent of the Council of Ministers of the Union. Any meeting held by the Council without a formal summons, or in a place other than that legally assigned for its meeting in accordance with this Constitution. Shall be invalid and shall have no effect.

Nevertheless, if the Assembly is not called to hold its meeting for its annual ordinary session before the third week of November, the Assembly shall be ipso facto in session on the twenty first of the said month.

26 All rights are reserved for the Federal National Council 2003.

27 All rights are reserved for the Federal National Council 2003.

Article 87

Deliberations of the Assembly shall not be valid unless a majority of its members at least are present. Resolutions shall be taken by an absolute majority of the votes of members present, except in cases where a special majority has been prescribed. If votes are equally divided. the side which the President of the session supports shall prevail.

Article 88

Meetings of the Assembly may be adjourned by a decree promul-gated by the President of the Union with the approval of the Council of Ministers of the Union for a period not exceeding one month, provided that such adjournment is not repeated in one session except with the approval of the Assembly and for once only. The period of adjournment shall not be deemed part of the term of the ordinary session.

The Assembly may also be dissolved by a decree promulgated by the President of the Union with the approval of the Supreme Council of the Union. provided that the decree of dissolution includes a summons to the new Assembly to come into session within sixty days of the date of the decree of dissolution. The Assembly may not be dissolved again for the same reason.

Section 3

Powers of the National Assembly

Article 89

In so far as this does not conflict with the provisions of Article 110, Union Bills, including financial bills, shall be submitted to the National Assembly of the Union before their submission

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to the President of the Union for presentation to the Supreme Council for ratification.

The National Assembly shall discuss these bills and may pass them, amend or reject them.

Article 90

The Assembly shall examine during its ordinary. Session the Annual General Budget draft law of the Union and the draft law of the final accounts, in accordance with the provisions in Chapter Eight of this Constitution.

Article 91

The Government shall inform the Union Assembly of international treaties and agreements concluded with other states and the various international organisations, together with appropriate explanations.

Article 92

The Union National Assembly may discuss any general subject pertaining to the affairs of the Union unless the Council of Ministers Informs the Union National Assembly that such discussion is contrary to the highest interests of the Union. The Prime Minister or the Minister concerned shall attend the debates. The Union National Assembly may express its recommendations and may define the subjects for debate. If the Council of Ministers does not approve of these recommendations, it shall notify the Union National Assembly of its reasons.

Article 93

The Government of the Union shall be represented at sessions of the Union National Assembly by the Prime Minister or his deputy or one member of the Union Cabinet at least. The Prime Minister or his deputy or the competent Minister, shall answer questions put to them by any member of the Assembly requesting explanation of any matters within their jurisdiction, in conformity with the procedures prescribed in the standing orders of the Assembly.

Chapter V

THE JUDICIARY IN THE UNION AND THE EMIRATES

Article 94

Justice is the basis of rule. In performing their duties, judges shall be independent and shall not be subject to any authority but the law and their own conscience.

Article 95

The Union shall have a Union Supreme Court and Union Primary Tribunals as explained hereinafter.

Article 96

The Union Supreme Court shall consist of a President and a number of judges, not exceeding five in all, who shall be appointed by decree, issued by the President of the Union after approval by the Supreme Council. The law shall prescribe the number of the chambers in the Court, their order and procedures, conditions of service and retirement for its members and the preconditions and qualifications required of them.

Article 97

The President and the Judges of the Union Supreme Court shall not be removed while they administer justice. Their tenure of office shall not be terminated except for one of the following reasons: -

1. Death.

2. Resignation.

3. Expiration of term of contract for those who are appointed by fixed term contract or completion of term of secondment.

4. Reaching retirement age.

5. Permanent incapacity to carry the burdens of their duties by reasons of ill health.

6. Disciplinary discharge on the basis of the reasons and proceedings stipulated in the law.

7. Appointment to other offices with their consent.

Article 98

The President and the Judges of the Union Supreme Court shall, before holding office, swear on oath before the President of the Union and in the presence of the Union Minister of Justice, that they will render justice without fear or favour and that they will be loyal to the Constitution and the laws of the Union.

Article 99

The Union Supreme Court shall have jurisdiction in the following matters: -

1. Various disputes between member Emirates in the Union, or between any one Emirate or more and the Union Government, whenever such disputes are submitted to the Court on the request of any of the interested parties.

2. Examination of the constitutionality of Union laws, if they are challenged by one or more of the Emirates on the grounds of violating the Constitution of the Union. Examination of the constitutionality of legislations promulgated by one of the Emirates, if they are challenged by one of the Union authorities on the grounds of violation of the Constitution of the Union or of Union laws.

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3. Examination of the constitutionality of laws, legislations and regulations in general, if such request is referred to it by any Court in the country during a pending case before it. The aforesaid Court shall be bound to accept the ruling of the Union Supreme Court rendered in this connection.

4. Interpretation of the provisions of the Constitution, when so requested by any Union authority or by the Government of any Emirate. Any such interpretation shall be considered binding on all.

5. Trial of Ministers and senior officials of the Union appointed by decree regarding their actions in carrying out their official duties on tile demand of the Supreme Council and in accordance with the relevant law.

6. Crimes directly affecting the interests of the Union, such as crimes relating to its internal or external security, forgery of the official records or seals of any of the Union authorities and counterfeiting of currency.

7. Conflict of jurisdiction between the Union judicial authorities and the local judicial authorities in the Emirates.

8. Conflict of jurisdiction between the judicial authority in one Emirate and the judicial authority in another Emirate. The rules relating thereof shall be regulated by a Union Law.

9. Any other jurisdiction stipulated in this Constitution, or which may be assigned to it by a Union law.

Article 100

The Union Supreme Court shall hold its sittings in the capital of the Union. It may, exceptionally, assemble when necessary in the capital of any one of the Emirates.

Article 101

The judgements of the Union Supreme Court shall be final and binding upon all.

If the Court, in ruling on the constitutionality of laws, legislations and regulations, decides that a Union legislation is inconsistent with the Union Constitution, or that local legislations or regulations under consideration contain provisions which are inconsistent with the Union Constitution or with a Union law, the authority concerned in the Union or in the Emirate, accordingly, shall be obliged to hasten to take the necessary measures to remove or rectify the constitutional inconsistency.

34 All rights are reserved for the Federal National Council 2003.

Article 108

No sentence of death imposed finally by a Union judicial authority shall be carried out until the President of the Union has confirmed the sentence. He may substitute it by an

attenuate sentence in accordance with the procedure stipulated in the preceding Article.

Article 109

There shall be no general amnesty for a crime or for specified crimes except by law.

The promulgation of the law of amnesty shall consider such crimes being deemed non avenue, and shall remit the execution of the sentence or the remaining part of it.

PART FIVE UNION LEGISLATIONS AND DECREES AND THE AUTHORITIES HAVING JURISDICTION THEREIN

Chapter 1

UNION LAWS

Article 110

1. Union laws shall be promulgated in accordance with the provisions of this Article and other appropriate provisions of the Constitution.

2. A draft law shall become a law after the adoption of the following procedure :-

a. The Council of Ministers shall prepare a bill and submit it to the Union National Assembly.

b. The Council of Ministers shall submit the bill to the president of the Union for his approval and presentation to the Supreme Council for ratification.

c. The President of the Union shall sign the bill after ratification by the Supreme Council and shall promulgate it.

3.

a. If the Union National Assembly inserts any amendment to the bill and this amendment is not acceptable to the President of the Union or the Supreme Council, or if the Union National Assembly rejects the bill, the President of the Union or the Supreme Council may refer it back to the National Assembly. If the Union National Assembly introduces an amendment on that occasion which is not acceptable to the President of the Union or the Supreme Council, or if the Union National Assembly decides to reject the bill, the President of the Union may promulgate the law after ratification by the Supreme Council.

b. The term "bill" in this clause shall mean the draft which is submitted to the President of the Union by the Council of Ministers including the amendments, if any, made to it by the Union National Assembly.

4. Notwithstanding the foregoing, if the situation requires the promulgation of Union laws when the National Assembly is not in session, the Council of Ministers of the Union may issue them through the Supreme Council and the President of the Union, provided that the Union Assembly is notified at its next meeting.

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Article 111

Laws shall be published in the Official Gazette of the Union within a maximum of two weeks from the date of their signature and promulgation by the President of the Union after the Supreme Council has ratified them. Such laws shall become in force one month after the date of their publication in the said Gazette, unless another date is specified in the said law.

Article 112

No laws may be applied except on what occurs as from the date they become in force and no retroactive effect shall result in such laws. The law may, however, stipulate the contrary in matters other than criminal, if necessity so requires.

Chapter 11

LAWS ISSUED BY DECREES

Article 113

Should necessity arise for urgent promulgation of Union laws between sessions of the Supreme Council, the President of the Union together with the Council of Ministers may promulgate the necessary laws in the from of decrees which shall have the force of law, provided that they are not inconsistent with the Constitution.

Such decree-laws must be referred to the Supreme Council within a week at the maximum for assent or rejection. If they are approved, they shall have the force of law and the Union National Assembly shall be notified at its next meeting.

However, if the Supreme Council does not approve them, they shall cease to have the force of law unless that it has decided to sanction their effectiveness during the preceding period, or to settle in some other way the effects arising therefrom.

Chapter 12

ORDINARY DECREES

Article 114

No decree may be issued unless the Council of Ministers has confirmed it and the President of the Union or the Supreme Council, according to their powers, has ratified it. Decrees shall be published in the Official Gazette after signature by the President of the Union.

Article 115

While the Supreme Council is out of session and if necessity arises, it may authorise the President of the Union and the Council of Ministers collectively to promulgate decrees whose ratification is within the power of the Supreme Council,

provided that such authority shall not include ratification of international agreements and treaties or declaration or remission of martial law or declaration of a defensive war or appointment of the President or Judges of the Union Supreme Court.

PART SIX THE EMIRATES

Article 116

The Emirates shall exercise all powers not assigned to the Union by this Constitution. The Emirates shall all participate in the establishment of the Union and shall benefit from its existence, services and protection.

Article 117

The exercise of rule in each Emirate shall aim in particular at the maintenance of security and order within its territories, the provision of public utilities for its inhabitants and the raising of social and economic standards.

Article 118

The member Emirates of the Union shall all work for the co-ordination of their legislations in various fields with the intention of unifying such legislations as far as possible.

Two or more Emirates may, after obtaining the approval of the Supreme Council, agglomerate in a political or administrative unit, or unify all or part of their public services or establish a single or joint administration to run any such service.

Article 119

Union law shall regulate with utmost ease matters pertaining to the execution of judgements. requests for commissions of rogation, serving legal documents and surrender of fugitives between member Emirates of the Union.

40 All rights are reserved for the Federal National Council 2003.

Article 121

Without prejudice to the provisions of the preceding Article. The Union shall have exclusive legislative jurisdiction in the following matters:

Labour relations and social security? real estate and expropriation in the public interest? extradition of criminals, banks, insurance of all kinds; protection of agricultural and animal wealth? major legislations relating to penal law, civil and commercial transactions and company law, procedures before the civil and criminal courts? protection of cultural, technical and industrial property and copyright, printing and publishing, import of arms and ammunitions except for use by the armed forces or the security forces belonging to any Emirate, other aviation affairs which are not within the executive jurisdiction of the Union, delimitation of territorial waters and regulation of navigation on the high seas.

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Article 122

The Emirates shall have jurisdiction in all matters not assigned to the exclusive jurisdiction of the Union in accordance with the provisions of the two preceding Articles.

Article 123

As an exception to paragraph 1 of Article 120 concerning the exclusive jurisdiction of the Union in matters of foreign policy and international relations, the member Emirates of the Union may conclude limited agreements of a local and administrative nature with the neighbouring states or regions, save that such agreements are not inconsistent with the interests of the Union or with Union laws and provided that the Supreme Council of the Union is informed in advance. If the Council objects to the conclusion of such agreements, it shall be obligatory to suspend the matter until the Union Court has ruled on that objection as early as possible.

The Emirates may retain their membership in the OPEC organisation and the Organisation of Arab Petroleum Exporting Countries or may join them.

42 All rights are reserved for the Federal National Council 2003.

PART SEVEN

Please refer to the official web site of the Government of United Arab Emirates for Part Seven.

-Editor

PART EIGHT FINANCIAL AFFAIRS OF THE UNION

Article 126

The general revenues of the Union shall consist of the income from the following resources:

1. Taxes, fees and duties imposed under a Union law in matters within the legislative and executive jurisdiction of the Union.

2. Fees and rates received by the Union in return for services provided.

3. Contribution made by member Emirates of the Union in the Annual Budget of the Union in accordance with the article herein coming after.

4. Union income from its own properties.

Article 127

The member Emirates of the Union shall contribute a specified proportion of their annual revenues to cover the annual general budget expenditure of the Union, in the manner and on the scale to be prescribed in the Budget Law.

Article 128

The law shall prescribe the method of preparing the general budget of the Union and the final accounts. The law shall also define the beginning of the financial year.

Article 129

The draft annual budget of the Union, comprising estimates of revenues and expenditure, shall be referred to the Union National Assembly at least two months before the beginning of the financial year, for discussion and submission of comments thereon, before the draft budget is submitted to the Supreme Council of tile Union, together with those comments, for assent.

Article 130

The annual general budget shall be issued by a law. In all cases, where the budget law has not been promulgated before the beginning of the Financial year. Temporary monthly funds may be made by Union decree on the basis of one twelfth of the funds of the previous financial year. Revenues shall be collected and expenditure disbursed in accordance with the laws in force at the end of the preceding financial year.

Article 131

All expenditure not provided for in the budget, all expenditure in excess of the budget estimates and all transfers of sums from one part to another of the Budget must be covered by a law.

Notwithstanding the foregoing, in cases of extreme urgency, such expenditure or transfer may be arranged by decree-law in conformity with the provisions of Article 113 of this Constitution.

Article 132

The Union shall allocate in its annual budget a sum from its revenue to be expended on building, and constriction projects, internal security and social affairs according to the urgent needs of some of the Emirates.

The execution of these projects and the disbursement thereon shall be drawn from these funds. Accomplished by means of and under the supervision of the competent Union bodies with the agreement of authorities of the Emirates concerned. The Union may establish a special fund for this purpose.

Article 133

No Union tax may be imposed, amended or abolished except by virtue of law. No person may be exempted from payment of such taxes except in the cases specified by law.

Union taxes, duties and fees may not be levied on any person except within the limits of the law and in accordance with its provisions.

45 All rights are reserved for the Federal National Council 2003.

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PART NINE ARMED FORCES AND SECURITY FORCES

Article 137

Every attack upon any member Emirates of the Union shall be considered an attack upon all the Emirates and upon the existence of the Union itself, which all Union and local forces will co-operate to repel by all means possible.

Article 138

The Union shall have army, navy and air forces with unified training and command. The Commander in Chief of these forces and the Chief of the General Staff shall be appointed and dismissed by means of a Union decree. The Union may have A Union Security Forces. The Union Council of Ministers shall be responsible directly to the President of the Union and the Supreme Council of the Union for the affairs of all these forces.

Article 139

The law shall regulate military service, general or partial mobilisation, the rights and duties of members of the Armed Forces, their disciplinary procedures and similarly the special regulations of the Union Security Forces.

Article 140

The declaration of defensive war shall be declared by a Union decree issued by the President of the Union after its approval by the Supreme Council. Offensive war shall be prohibited in accordance with the provisions of international charters.

Council of Ministers of the Union, the Ministers of Foreign Affairs, Defence, Finance, Interior, the Commander in Chief and the Chief of the General Staff. It shall advise and offer views on all matters pertaining to defence maintenance of the peace and security of the Union. Forming of the armed forces, their equipment and development and the determination of their posts and camps.

The Council may invite any military adviser or expert or other persons it wishes to attend its meetings but they shall have no decisive say in its deliberations. All matters pertaining to this Council shall be regulated by means of a law.

Article 142

The member Emirates shall have the right to set up local security forces ready and equipped to join the defensive machinery of the Union to defend, if need arises, the Union against any external aggression.

Article 143

Any Emirate shall have the right to request the assistance of the Armed Forces or the Security Forces of the Union in order to maintain security and order within its territories whenever it is exposed to danger. Such a request shall be submitted

immediately to the Supreme Council of the Union for decision.

The Supreme Council may call upon the aid of the local armed forces belonging to any Emirate for this purpose provided that the Emirate requesting assistance and the Emirate to whom the forces belong agree.

The President of the Union and the Council of Ministers of the Union collectively, may, if the Supreme Council is not in session, take any immediate measure which cannot be delayed and considered necessary and may call the Supreme Council into immediate session.

PART TEN FINAL AND TRANSITIONAL PROVISIONS

Article 144

1. Subject to the provisions of the following paragraphs, the provisions of this Constitution shall apply for a transitional period of five Gregorian years beginning from the date of its entry into force in accordance with provisions of Article 152.

2.

a. If the Supreme Council considers that the topmost interests of the Union require the amendment of this Constitution, it shall submit a draft constitutional amendment to the Union National Assembly.

b. The procedure for approving the constitutional amendment shall be the same as the procedure for approving laws.

c. The approval of the Union National Assembly for a draft constitutional amendment shall require the agreement of two-thirds of the votes of members present. The President of the Union shall sign the constitutional amendment in the name of the Supreme Council and as its representative and shall promulgate the amendment.

3. During the transitional period, the Supreme Council shall adopt the necessary measures to prepare a draft permanent Constitution to take the place of this temporary constitution. It shall submit the draft permanent Constitution to the Union National Assembly for debate before promulgating it.

4. The Supreme Council shall call the Union National Assembly into extraordinary session at a time not more than six months before the end of the period of validity of this temporary Constitution. The permanent Constitution shall be presented at this session. It shall be promulgated according to the procedure laid down in paragraph 2 of this Article.

Article 145

Under no circumstances, may any of the provisions of this Constitution be suspended, except when Martial Law is in force and within the limits specified by this law.

Notwithstanding the foregoing, sessions of the National Assembly of the Union may not be suspended during that period nor may the immunity of its members be violated.

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Article 146

In case of necessity defined by law, Martial law shall be declared by a decree promulgated with the approval of the Supreme Council on the basis of a proposal made by the President of the Union with the consent of the Council of Ministers of the Union. Such decree shall be notified to the Union National Assembly at its next meeting.

Martial law shall be similarly lifted by decree issued with the approval of the Supreme Council when the need, for which it was imposed, no longer exists.

Article 147

Nothing in the application of this Constitution shall affect treaties or agreements concluded by member Emirates with states or international organisations unless such treaties or agreements are amended or abrogated by agreement between the parties concerned.

Article 148

All matters established by laws, regulations, decrees, orders and decisions in the various member Emirates of the Union in effect upon the coming into force of this Constitution, shall continue to be applicable unless amended or replaced in accordance with the provisions of this Constitution.

Similarly, the measures and organisations existing in the member Emirates shall continue to be effective until the promulgation of laws amending them in accordance with the provisions of the Constitution.

Article 149

As an exception to the provisions of Article 121 of this Constitution, the Emirates may promulgate legislations necessary for the regulation of the matters set out in the said Article without violation of the provisions of Article 151 of this Constitution.

Article 150

The Union authorities shall strive to issue the laws referred to in this Constitution as quickly as possible so as to replace the existing legislations and systems, particularly those which are not consistent with the provisions of the Constitution.

Article 151

The provisions of this Constitution shall prevail over the Constitutions of the member Emirates of the Union and the Union laws which are issued in accordance with the provisions of this Constitution shall have priority over the legislations, regulations and decisions issued by the authorities of the Emirates.

In case of conflict, that part of the inferior legislation which is inconsistent with the superior legislation shall be rendered null and void to the extent that removes the inconsistency. In case

of dispute, the matter shall be referred to the Union Supreme Court for its ruling.

no Data

All rights are reserved for the Federal National Council 2003.

Source: Helpinlaw.com 03/05/07

http://www.helplinelaw.com/law/uae/constitution/constitution01.php

Arabic Text from UNDP

http://www.arab-ipu.org/pdb/RelatedArticlesGvnSPName.asp?SPName=CHRN&StructuredIndexCode=&LawBookID=021020011753972&Year1=&Year2=&YearGorH=

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Yemen

PART ONE: THE FOUNDATIONS

OF THE STATE

Chapter I: The Political Foundations

Article (1) The Republic of Yemen is an Arab, Islamic and independent sovereign state whose integrity is inviolable, and no part of which may be ceded. The people of Yemen are part of the Arab and Islamic nation.

Article (2) Islam is the religion of the state, and Arabic is its official language.

Article (3) Islamic Shari'ah is the source of all legislation.

Article (4) The people of Yemen are the possessor and the source of power, which they exercise directly through public referendums and elections, or indirectly through the legislative, executive and judicial authorities, as well as through elected local councils.

Article (5) The political system of the Republic of Yemen is based on political and partisan pluralism in order to achieve a peaceful transformation of power. The Law stipulates rules and procedures required for the formation of political organizations and parties, and the exercise of political activity. Misuse of Governmental posts and public funds for the special interest of a specific party or organization is not permitted.

Article (6) The Republic of Yemen confirms its adherence to the UN Charter, the International Declaration of Human Rights, the Charter of the Arab League, and dogma of international law which are generally recognized.

Chapter II: The Economic Foundations

Article (7) The national economy is based on freedom of economic activity which benefits both the individual and society and which enhances national independence. The national economy should be founded on the following principles:

a. Islamic social justice in economic relations which aims at developing and promoting production, achieving social integration and equilibrium, providing equal opportunities and promoting higher living standards in society.

b. Lawful competition between the public, private, cooperative and mixed economic sectors, and realisation of equal and just treatment in all sectors.

c. Protection and respect for private ownership, which cannot be confiscated unless necessary in the public interest, in lieu of fair consideration and in accordance with law.

Article (8) All types of natural resources and sources of energy, whether above ground, underground, in territorial waters, on the continental shelf or the exclusive economic zone are owned by the state, which assure their exploitation for the common good of the people.

Article (9) The state's economic policy shall be based on scientific planning which ensures the best exploitation of all resources and the promotion of capabilities for all economic sectors in all socioeconomic fields of development and within the state's development plan which serves the common interest and the national economy.

Article (10) The state shall sponsor foreign trade and promote internal trade and investment in a way that serves the national economy. The state shall issue legislation that guarantees protection for producers and consumers, availability of basic commodities, restriction of monopoly and shall promote, according to the law, private capital investment in all socio-economic development fields and in accordance with law.

Article (11) The law shall regulate the state's official currency and the financial and banking systems. It shall also define measurements, standards and weights.

Article (12) Taxes should be assessed with regard to the public interest in order to achieve social justice among citizens.

Article (13) The imposition, amendment, and cancellation of taxes shall only be authorized by law. No one is to be partially or fully exempted from the payment of taxes except as stipulated in the law and no one shall be subject to taxes, fees or other charges except by law.

Article (14) The state shall encourage cooperation and savings. It shall sponsor efforts to establish cooperative projects and activities of all kinds..

Article (15) The law shall specify the basic rules for the collection and disbursement of public funds.

Article (16) The executive power is not authorized to contract loans or guarantee them or associate itself with a project that entails the spending of public funds in a coming year/years without the approval of the House of Representatives.

Article (17) The law shall specify the scales of salaries, wages, compensations, subsidies and bonuses payable from the government treasury.

Article (18) Contracting concessions regarding natural resources and public facilities should be undertaken according to the law. The law may illustrate some cases of limited significance in which concessions could be granted according to rules and procedures clarified in the law. The law shall define cases and ways of granting certain immobile and mobile property, and rules and procedures to be undertaken. The law shall also regulate the ways of awarding concessions to local entities/units and the free disposal/use of public funds.

Article (19) Public funds and properties are inviolable. The state and all members of society shall maintain and protect them. Any attack on or misuse of these, shall be considered sabotage and an aggression on society, and those who violate their sacrosanctity shall be punished in accordance with the law.

Article (20) General confiscation of property is prohibited; Private confiscation is not allowed without a legal judgment.

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Article (21) The state shall collect the Zakat (Shari'ah tax) and shall spend it through its legal channels in accordance with the law.

Article (22) Endowment properties are inviolable. Those who control them are obliged to improve and develop their resources and spend them in a way that secures the accomplishment of their objectives and legal aims.

Article (23) The right of inheritance is guaranteed in accordance with Islamic tenets (Shari'ah). A special law will be issued accordingly.

Chapter III: Social and Cultural Foundations

Article (24) The state shall guarantee equal opportunities for all citizens in the fields of political, economic, social and cultural activities and shall enact the necessary laws for the realization thereof.

Article (25) Yemeni society is based on social solidarity, which is based on justice, freedom and equality according to the law.

Article (26) The family is the basis of society, its pillars are religion, customs and love of the homeland. The law shall maintain the integrity of the family and strengthen its ties.

Article (27) The state shall guarantee freedom of scientific research and achievements in the fields of literature, arts and culture, which conform with the spirit and objectives of the Constitution. The state shall provide means conducive to such achievements and shall provide support and encouragement for scientific and technical invention, and artistic creation and shall protect achievements thereof.

Article (28) Public office is a duty and an honour. Persons in public office are to serve the public interest and the people. The law shall specify the terms of public service and the duties and rights of persons in public office.

Article (29) Work is a right, an honour, and a necessity for society's progress. Every citizen has the right to choose the appropriate work for himself within the law. No citizen can be compelled to do any work except within the law, and in which case it is to serve the common interest and be in return for a fair wage. The law shall regulate union activities and professional work, and the relationship between workers and employers.

Article (30) The state shall protect mothers and children, and shall sponsor the young.

Article (31) Women are the sisters of men. They have rights and duties, which are guaranteed and assigned by Shari'ah and stipulated by law.

Article (32) Education, health and social services are the basic pillars for building and developing the society. Society shall with the state take part in providing them.

Article (33) In cooperation with society, the state bears responsibility for consequences resulting from natural disasters and public crises.

Article (34) It is the duty of the state and all members of society to protect and maintain the archaeological and historical sites. Any abuse of the sites or confiscation of archaeological finds shall be considered sabotage and an

assault against society. The law shall punish those who abuse their inviolability or sell them.

Chapter IV: The National Defence Foundations

Article (35) The state is the authority to establish the armed forces, the police, the security forces and any such bodies. Such forces belong to all the people and their function is to protect the republic and safeguard its territories and security. No organization, individual, group, political party or organization may establish forces or paramilitary groups for whatever purpose or under any name. The law stipulates the conditions for military service, promotion and disciplinary procedures in the military, police and security forces.

Article (36) General mobilization shall be organized according to the law and shall be proclaimed by the President of the Republic following the approval of the House of Representatives.

Article (37) The National Defense Council, headed by the President of the Republic, will exist to attend to matters pertaining to means of safeguarding the Republic and its security. The law shall determine its composition, duties and other functions.

Article (38) The police is a civilian and formal force which performs its duties for the service of the people and guarantees peace and security for the people. It shall preserve the law, keep public order, protect general behavior, implement the orders of the judicial authority and execute duties dictated to it by the Country's laws, and police by-laws.

Article (39) Military, security, police and other forces shall not be employed in the interest of a party, an individual or group. They shall be safeguarded against all forms of differentiation resulting from party affiliation, racism, factionalism, regionalism and tribalism in order to guarantee their neutrality and the fulfillment of their duties in the proper manner. The members of all forces are banned from party memberships and activities according to the law.

PART TWO: THE BASIC RIGHTS

AND DUTIES OF CITIZENS

Article (40) Citizens are all equal in rights and duties.

Article (41) Every citizen has the right to participate in the political, economic, social and cultural life of the country. The state shall guarantee freedom of thought and expression of opinion in speech, writing and photography within the limits of the law.

Article (42) The citizen has the right to elect and nominate himself as a candidate in an election, as well as the right to demonstrate his opinion in a referendum. The law shall regulate the provisions regarding the practice of this right.

Article (43) The law shall regulate Yemeni nationality. Any Yemeni shall not be deprived of his nationality. Once Yemeni nationality is acquired it may not be withdrawn except in accordance with the law.

Article (44) A Yemeni national may not be extradited to a foreign authority.

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Article (45) Extraditing political refugees is prohibited.

Article (46) Criminal liability is personal. No crime or punishment shall be undertaken without a provision in the Shari'ah or the law. The accused is innocent until proven guilty by a final judicial sentence, and no law may be enacted to put a person to trial for acts committed retroactively.

Article (47)

a. The state shall guarantee to its citizens their personal freedom, preserve their dignity and their security. The law shall define the cases in which citizens freedom may be restricted. Personal freedom cannot be restricted without the decision of a competent court of law.

b. No individual can be arrested, searched or detained unless caught in the act (in flagrante delicto) or served with a summons from a judge or the Public Prosecutor, which is necessary for the progress of an investigation or the maintenance of security. No person can be put under surveillance unless in accordance with the law. Any person whose freedom is restricted in any way must have his dignity protected. Physical and psychological torture is prohibited. Forcing confessions during investigations is forbidden. The person whose freedom is restricted has the right not to answer any questions in the absence of his lawyer. No person may be imprisoned or detained in places other than those designated as such and governed by the law of prisons. Physical punishment and inhumane treatment during arrest, detention or imprisonment are prohibited.

c. Any person temporarily apprehended on suspicion of committing a crime shall be presented in front of a court within a maximum of 24 hours from the time of his detention. The judge or Public Prosecutor shall inform the detained individual of the reason for his detention and questioning and shall enable the accused to state his defense and pleas or reputals. The court then gives an order justifying the release of the accused or extending his detention. In all cases, the Prosecutor is not entitled to continue detention of the accused individual more than seven days except with a judicial order. The law shall define the maximum period of custody.

d. Upon arrest, for whatever reasons, a person may immediately contact someone of his choice. The same notification shall be repeated whenever a court orders the continuation of the detention. If the nominated person can not be notified, the detainee's closest relative or concerned friend shall be notified.

e. The law shall determine the punishment for whosoever violates any of the stipulations of this Article and it shall also determine the appropriate compensation for any harm the person suffers as a result of such a violation. Physical or psychological torture at the time of arrest, detention or jail is a crime that cannot be prescribable. All those who practice, order, or participate in executing, physical or psychological torture shall be punished.

Article (48) The right to defend oneself in person or by representation is guaranteed during all periods of investigation and in front of all courts, in accordance with the rules of the law. The state shall guarantee judicial assistance to those who cannot afford it, according to the law.

Article (49) Execution of punishments shall not be undertaken by illegal means. The law shall organize such matter.

Article (50) Citizens have the right of recourse to the courts to protect their rights and lawful interests. They also have the right to submit their complaints, criticisms, and suggestions to the various government offices directly or indirectly.

Article (51) Residences, places of worship, and educational institutions have a sanctity which may not be violated through surveillance or search except in the cases stipulated by the law.

Article (52) The state shall guarantee the freedom and confidentiality of mail, telephone, telegram and all other means of communication, none of which may be censored, searched, exposed, delayed or confiscated except in cases specified by law and according to a court order.

Article (53) Education is a right for all citizens. The state shall guarantee education in accordance with the law through building various schools and cultural and educational institutions. Basic education is obligatory. The state shall do its best to obliterate illiteracy and give special care to expanding technical and vocational education. The state shall give special attention to young people and protect them against perversions, provide them with religious, mental and physical education, and the appropriate environment to develop their aptitude in all fields.

Article (54) Health care is a right for all citizens. the state shall guarantee this by building various hospitals and health establishments and expanding their care. The law shall organize the medical profession, the expansion of free health services and health education among the citizens.

Article (55) The state shall guarantee social security for all citizens in cases of illness, disability, unemployment, old age or the loss of support. The state shall especially guarantee this for the families of those killed in war according to the law.

Article (56) Freedom of movement from one place to another within the country is guaranteed for all citizens, and may not be restricted except by law and for reasons necessitated by the security and safety of the people. The law shall regulate entry and exit from Yemen. No citizen may be deported from or denied return to Yemen.

Article (57) In as much as it is not contrary to the Constitution, the citizens may organize themselves along political, professional and union lines. They have the right to form associations in scientific, cultural, social and national organizations in a way that serves the goals of the Constitution. The state shall guarantee these rights, and shall take the necessary measures to enable citizens to exercise them. The state shall guarantee freedom for the political, trade, cultural, scientific and social organizations

Article (58) Paying taxes and public dues or charges of public hardships is a duty according to the law.

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Article (59) Defending religion and the homeland is a sacred duty; military duty is an honour, and national service is to be organized by law.

Article (60) Preserving national unity, safeguarding secrets of the state, respecting the laws and following their rules are every citizen's duty.

PART THREE: ORGANISATION

OF THE STATE AUTHORITIES

Chapter I: The Legislative Authority

The House of Representatives

Article (61) The House of Representatives is the legislative authority of the state. It shall enact laws, sanction general state policy and the socio-economic plan, and approve government budgets and final accounts. It shall also direct and monitor the activities of the Executive Authority as stipulated in this constitution.

Article (62) The House of Representatives consists of 301 members, who shall be elected in a secret, free and equal vote directly by the people. The Republic shall be divided into constituencies equal in number of population with a variation of not more than 5% plus or minus. Each constituency shall elect a member to the House of Representatives.

Article (63)

1. A voter must meet the following two conditions:

a. must be a Yemeni citizen.

b. must be at least 18 years old.

2. A candidate for the House of Representatives must meet the following conditions:

a. must be a Yemeni.

b. must be at least 25 years old.

c. must be able to read and write (literate).

d. must be of good character and conduct, fulfill his religious duties and have no court convictions against him for committing crimes that contradict the rules of honour and honesty, unless he was pardoned /reprieved.

Article (64) The term of the House of Representatives is four calendar years starting from the date of its first session. The Speaker shall call the voters to elect a new House at least sixty days before the expiry date of the existing House. If in extraordinary circumstances, elections cannot be held, the existing House continues to function until such circumstances are overcome and elections can be held.

Article (65) The House of Representatives is to be located in Sana'a, the capital. Internal regulations determine the conditions under which the House may hold meetings outside the capital city.

Article (66) The House of Representatives issues its internal regulations, stipulating the procedures of its working

committees, its prerogatives and constitutional powers. Such regulations, enacted and amended by law, may not contradict or amend any clause in the Constitution.

Article (67) The House shall be competent to determine the legitimacy of its membership. Any appeal shall be submitted to the Supreme Court within 15 days of its delivery to the House. The Court's findings and verdict must be submitted to the House, which will judge the validity of the appeal within 60 days of receiving the verdict of the court. Membership of the House may not be nullified except by a resolution taken by two thirds of the House. The investigation must be completed within 90 days from the date of the submission of the appeal to the Supreme Court.

Article (68) The House of Representatives alone shall have the exclusive right to maintain order and security within the premises of the House. The Speaker of the House shall take charge of such responsibility through a special guard force under his command. No other armed force may enter the House premises or take positions near its entrances except at the request of the Speaker.

Article (69) The House of Representatives shall, on an invitation from the President of the Republic, hold its first meeting no later than two weeks after the announcement of the results of the elections. If no such invitation is made, the House shall meet on the morning following the date of expiration of the said two weeks.

Article (70) At its first meeting, the House of Representatives shall elect from among its members, a chairman and three Deputies to form the Presiding Board of the House. The oldest member shall chair the House during the election of the Speaker and the House's internal regulations shall specify all the procedures for electing the Presiding Board of the House, its duration and its other functions. The House shall include a General Secretariat, presided over by a Secretary General, the internal regulations of the House shall specify the rules that relate to its formation and other rules connected to it.

Article (71) For the meetings of the House of Representatives to be valid, it is necessary for more than half of its members to attend, excluding those whose seats were declared vacant. Decisions shall be taken by an absolute majority of the attending members except in cases where the Constitution or House regulations demand a specific majority. If the results of voting are equally divided, further deliberations must be rejected within the same session, but shall be given priority if submitted in another session.

Article (72) Meetings of the House of Representatives shall be open to the public but the House may hold closed meetings at the request of the Speaker, the President, the Government, or at the request of at least twenty members of the House. The House shall then decide whether the discussion of the subject should be conducted openly or in closed meetings.

Article (73) The House shall annually hold two ordinary sessions. It may be called to hold extraordinary sessions. The internal regulations of the House shall specify the dates of the ordinary sessions and their duration. In times of necessity, the House may call for extraordinary sessions by Presidential decree, a decision by the Presiding Board of the House, or a written request from one third of the members. The House

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session shall not be adjourned during the last quarter of the year before the endorsement of the General Budget of the state.

Article (74) A member of the House of Representatives represents the whole nation, guards the public interest and his representation may not be subjected to any restriction or special condition.

Article (75) A member of the House of Representatives shall, prior to his assumption of membership duties, swear the Constitutional oath before the House in an open session.

Article (76) The Speaker and members of the House of Representatives, the Presidency Board and other members of the House shall receive a fair remuneration specified by law. The Chairman of the Councilor Ministers, his deputies and ministers shall not be entitled to such remuneration if they happen to be members of the House of Representatives.

Article (77) If a seat of a member of the House of Representatives becomes vacant for more than a year before the expiry of the House's tenure, a replacement shall be elected within sixty days of the House's declaration of the vacancy and this membership ends when the existing House duration comes to an end.

Article (78) A member of the House of Representatives shall not interfere with the work of the Executive or the Judicial authorities. Article (79) Membership of the House of Representative may not be combined with membership of a local council or with any public employment. Membership of the Council of Ministers may concur with membership of the House of Representatives.

Article (80) A member of the House of Representatives shall not be held responsible for facts he comes across or matters he raises in the House or any of its committees, or for his voting pattern in open or closed meetings. This does not apply to cases of slander or defamation by members.

Article (81) A member of the House of Representatives may not be subject to procedures of investigation, inspection, arrest, imprisonment, or punishment except with the permission of the House of Representatives save in the case his being caught in the act, and in such a case, the House shall be notified forthwith. The House shall make sure of the rectitude of the procedures followed in such cases. If the House is in recess, permission shall be sought from the Presidency Board of the House, and the House of Representatives shall be notified at the first meeting following the procedures taken.

Article (82) Members of the House of Representatives submit their resignations to the House, which has the exclusive right to accept them.

Article (83) The membership of a member of the House of Representatives may not be nullified unless any of the membership conditions stipulated in this Constitution cease to apply, or if the member commits a grave violation of the membership duties according to the specifications of the internal regulations of the House.

Article (84) A member of the House of Representatives and the government have the right to propose bills for laws, and their amendments. In the case of financial laws that aim at

increasing or abolishing an existing tax, or decrease or give exemption from part of it, or aim at allocating part of the state funds for a certain project, these may only be proposed by the government or by at least 20% of the representatives. All the proposed laws presented by a member or additional members of the House shall not be referred to one of the committees of the House before being studied by a special committee which will determine whether the proposal meets the requirements for action by the House. If the House decides to discuss any of these it can be transferred to the committee responsible for examining and reporting thereon. Any proposed law submitted by others than the government may not be submitted again during the same session.

Article (85) Within a maximum of twenty-five days of the Formation of the new government, the Chairman of the Council of Ministers shall present his governments programme to the House of Representatives in order to win a vote of confidence by the majority of the members of the House. If the House of Representatives is in recess, it is to be recalled for an extraordinary session. The members of the House and the House as a whole has the right to comment on the government's program. The failure of the government to win the required majority is to be considered a with-holding of confidence.

Article (86) The House of Representatives shall approve comprehensive social and economic development plans. A law shall be enacted to stipulate the process of the preparation of such plans, their submission to the House and the approval thereof.

Article (87)

a. The proposed general budget shall be submitted to the House of Representatives at least two months before the beginning of the fiscal year. A vote shall be taken on each part of the budget. It shall be enacted by a law. The House may not change the proposed budget without the approval of the government. No allocation of revenue for a specific purpose may be authorized except by a law. If the budget law is not enacted before the beginning of the fiscal year, the previous year's budget shall be followed until the new budget is approved.

b. The law shall specify the way to prepare and categorize the general budget as well as specifying the fiscal year.

Article (88) The transfer of any amount from one section to another of the general budget must be approved by the House of Representatives. Every expenditure not provided for in the budget or any additional revenue shall only be authorized by law.

Article (89) The law shall specify the rules of the budgets of public authorities, corporations and companies, their accounts, the autonomous and supplementary budgets, and their final accounts. With he exception of the above, these budgets shall be subject.

Article (90) The final accounts of the Government's annual budget shall be submitted to the House within a period that does not exceed nine months from the end of the fiscal year. Voting on the Bill shall be made on a section by section basis

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and shall be approved by an enactment of law. Also the annual report of the organization concerned with the auditing and control of government accounts shall be submitted to the House, together with its comments thereon. The House of Representatives has the right to ask the Organization to submit any supplementary documents or reports.

Article (91) The House of Representatives shall ratify international political and economic treaties and conventions of a general nature, of whatsoever form or level, and in particular those connected to defense, alliance, truce, peace or border alterations, and those, which involve financial commitments on the slate or for which their execution needs the enactment of a law.

Article (92) The House of Representatives has the right to present instructions and recommendations to the government regarding general issues. If the government failed to execute these instructions and recommendations it has to justify such action to the House.

Article (93) At least twenty per cent of the members of the House may move a motion to discuss a public issue, request explanation of government policies and exchange views concerning that issue.

Article (94) Upon a request signed by at least ten of its members, the House of Representatives may create a special committee or instruct one of its committees to investigate any issue which is contrary to public interest or to investigate the actions of any ministry, government agency, board, public/mixed corporation, or local councils. To carry out such investigations, the committee may gather proof and hold hearings by seeking testimony from any party/person it deems necessary. All executive and special authorities shall comply by laying all information or documentation they possess at the disposal of the relevant committee.

Article (95) The responsibility of the Council of Ministers is both collective and individual. Every member of the House of Representatives may pose questions to the Prime Minister, any of his deputies, ministers or deputy ministers on any matter falling within their responsibilities and they are under obligation to provide answers accordingly. The questioning may not be converted into an interpolation during the same sitting.

Article (96) Every member of the House has the right to direct an interpolation to the Prime Minister, his deputies and ministers to hold them accountable for matters under their charge. Responses to and discussions of such interpolations shall take place after at least one week, except in cases which the House deems urgent, and to which the government agrees.

Article (97) The House of Representatives may withdraw confidence from the government. The House may not withdraw confidence from the government before an interpolation directed at the Prime Minister or he who is acting on his behalf. The request for interpolation must by signed by a third of the members of the House. The House cannot vote on the issue of no-confidence in the government without seven days' notification of such a vote. A majority is necessary to pass a vote of no-confidence.

Article (98) The Prime Minister, his deputies, ministers, and their deputies are given the floor whenever they ask to clarify

any points in the deliberations of the House of Representatives. They may also bring along any senior officials to assist in such deliberations. However, such representatives of governments may not participate in the votes of the House unless they are members thereof. The government or any of its members must comply with the request of the House of Representatives to attend any of its meetings.

Article (99) Voting on bills is done on an Article by Article basis. The final vote must be on the bill as a whole. The internal regulations of the House explain the procedures in this respect.

Article (100) The President of the Republic may not dissolve the House of Representatives except in urgent circumstances and only after a nation-wide referendum on the reasons for the dissolution. The President of the Republic shall issue a decree that suspends the sessions of the House and calls for the referendum within thirty days. If an absolute majority of the voters are in favour of the dissolution, the President shall issue a decree of dissolution. The decree shall simultaneously call voters to elect a new House of Representatives within a date that does not exceed sixty days from the date of the announcement of the results of the referendum. If the dissolution decree does not include the above-mentioned call, or elections did not take-place, the dissolution is considered void and null and the House shall meet by under the power of the Constitution. The House shall also meet under the power of the Constitution if a referendum does not take place within thirty days or does not gain the required majority. If elections are held, the new House must hold its first session within ten days following the completion of elections. If the House is not called to meet, it must hold its first session by the end of the said ten days in accordance with the rules of the Constitution. Once the House of Representatives is dissolved, the new House of Representatives may not be dissolved again for the same reason. In all cases, the House of Representatives may not be dissolved in its first session.

Article (101) The President of the Republic has the right to request a review of any bill which is approved by the House. Based on a reasoned decision, he must then return the bill to the House of Representatives within thirty days of its submission. If he does not return the bill to the House within this period, or if the requested review is not heeded the Bill is then approved once again by the majority of the House, it shall be considered a law, and the President shall issue it within two weeks. If the President does not issue the law, it comes into effect under the power of the Constitution, and is, at once, published in the Official Gazette and come into operation two weeks later.

Article (102) All laws are published in the official gazette, and are announced within two weeks of issuance, and shall come into force within thirty days of their publication. This period may be shortened or extended by specific provision in the law.

Article (103) Laws shall only apply to cases occurring after they become operative. No laws may be applied in a retroactive manner. However, in matters other than taxes and penal measures, specific stipulations in the law may determine

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otherwise. In such case, the approval of two thirds majority is needed in the House of Representatives.

Chapter II: The Executive Authority

Article (104) Executive authority shall be exercised, on behalf of the people, by the President of the Republic and the Council of Ministers within the limits stated in the Constitution.

The First Branch: The Presidency of the Republic

Article (105)

a. The President of the Republic is the President of the state and shall be elected according to the Constitution.

b. The President shall have a Vice President to be appointed by the President. The rules of Articles 106, 116, 117 and 126 shall be applied to the Vice President.

Article (106) Every Yemeni who meets the following specified conditions may become a candidate for the post of the President of the Republic:

a. To be at least forty years old.

b. To be a descendant of Yemeni parents.

c. To be at liberty to practise his political and civil rights.

d. To be of good character, practise his Islamic duties and have no dishonorable criminal record and if so, he has been reprieved.

e. Not to be married to a foreign spouse or to enter into such a marriage during his term of office.

Article (107) Nomination and election of the President shall be as follows:

a. Election of the President of the Republic shall be by the people and in a competitive elections.

b. Proposals must be submitted to the Speaker of the House of Representatives.

c. Candidatures must be studied by the Presiding Board of the House of Representatives to ensure that the candidates meet the constitutional conditions.

d. Names of candidates who meet the conditions shall be presented to the House for approval.

e. A candidate who wins the recommendation of 10% of the members is considered a candidate for the post of the President of the Republic.

f. The House of Representatives is bound to recommend at least two persons for the post of the President of the Republic before submitting the candidates to the people in competitive elections.

g. The person who wins an absolute majority of those who participated in the elections is considered the President of the Republic. If none of the candidates win this majority, elections shall be repeated according to the above procedures for the two candidates who got the highest number of votes.

Article (108) The President of the Republic must perform. the constitutional oath in front of the House of Representatives before assuming his responsibilities.

Article (109) The President of the Republic shall materialize the will of the people, respect the Constitution and Law, protect national unity and the principles and objectives of the revolution. He shall adhere to the principle of a peaceful transition of power, supervise the sovereign tasks concerning the defence of the Republic and foreign policy, and exercise his authority according to the Constitution.

Article (110) The President of the Republic is the Supreme Commander of the Armed Forces.

Article (111) The term of the President of the Republic is five calendar years from the date of performing the constitutional oath. No person may assume the post of President of the Republic for more than two five-year terms, in accordance with the previous rules of the Articles of this section.

Article (112) If the term of the House of Representatives expires in the same month as the term of the President of the Republic, then the Presidential term is prolonged until Parliamentary elections are held. Within sixty days of the first meeting of the new House of Representatives, the new President shall be elected.

Article (113) Within ninety days prior to the expiry of the term of the President, procedures must be initiated to elect the new President. The election thereof must be completed at least one week before the expiry date. If such elections cannot take place for any reason, the old President continues his functions for a maximum of ninety days based on an authorization from the House of Representatives. The prolongation of the term for more than ninety days can only take place if the country is in a state of war, or suffering a natural disaster or another emergency situation, under which electing the President becomes impossible.

Article (114) The President may submit his resignation, stating his reasons, to the House of Representatives which may accept it by an absolute majority vote of all his members. If the resignation is not accepted, the President may submit a further resignation within three months, and this time the House of Representatives is obliged to accept it.

Article (115) If the post of the President of the Republic becomes vacant or should the President become permanently disabled, the Vice President temporarily takes over the presidential functions for a period that does not exceed sixty days, during which new elections for the President of the Republic shall take place. If the posts of the President of the Republic and Vice President become vacant at the same time, the Presiding Board of the House shall temporarily take over the functions of the President. If the House of Representatives is under dissolution, the government shall replace the Presiding Board of the House in carrying out the functions of the Presidency, and in this case election of the President of the Republic shall take place within a period that does not exceed sixty days from the first session of the new House of Representatives.

Article (116) The law determines the salaries and appropriations of the President of the Republic, and he is not entitled to any other emolument or remuneration.

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Article (117) The President of the Republic may not during his term, directly or indirectly, engage in any private business of any kind whether commercial, financial, or industrial. He is not allowed to buy or rent government property, not even through an open auction and he is not allowed to lease, sell, or barter any of his property to the state.

Article (118) The responsibilities of the President of the Republic are as follows:

1. To represent the Republic internally and externally.

2. To call the voters, at the specified time, to elect the House of Representatives.

3. To call for national referenda.

4. To name the person who will form the government, and to issue a republican decree with the names of the cabinet members.

5. To lay down the general policy of the state jointly implementation as stipulated in the Constitution.

6. To call the cabinet to a joint meeting with the President, as the need arises.

7. To name the members of the National Defense Council according to the Law.

8. To promulgate the laws passed by the House of Representatives and their publication, and to issue the decrees that execute them.

9. To appoint and dismiss senior government officials and military/police officers according to the law.

10. To establish military ranks according to the Law.

11. To award badges, medals and decorations stipulated by Law, or to permit the wearing of badges and honours awarded by other states.

12. To issue decrees endorsing Treaties and Conventions approved by the House of Representatives.

13. To ratify agreements that do not require the approval of the House of Representatives if approved by the Cabinet.

14. To establish diplomatic delegations abroad and to appoint and recall ambassadors according to the law.

15. To accredit diplomatic representatives of foreign countries and organizations in Yemen.

16. To grant political asylum.

17. To proclaim states of emergency and general mobilization according to the Law.

18. Any other functions stipulated in the Constitution and Law.

Article (119) If, while the House of Representatives is in recess or under dissolution, urgent decisions are required, then the President of the Republic can issue decrees which have the power of law, provided such decrees do not contradict the Constitution or the budgetary estimates. Such decrees have to be presented to the first meeting of the House of Representatives If they are not presented, the House may

discuss them and take appropriate decisions thereon. If the House of Representatives rejects those decrees, they become null and void from the date the House decides and the House of Representatives determines how the consequences are to be settled.

Article (120) The President of the Republic, following a proposal by the relevant minister and approval from the Council of Ministers, shall issue resolutions and regulations to implement laws and to regulate and organize general administration and government departments. These regulations may not obstruct any Law and may not have the effect of exempting any one from abiding by them. The President may authorize others to issue such regulations. The law may designate who issues such regulations.

Article (121) The President declares a state of emergency by a republican decree according to the law. The House of Representatives shall be called to session within one week and be presented with the declaration of emergency. If the House of Representatives is dissolved, then the old House of Representatives is called to session by the Constitution. If the House is not called to session, or the declaration of the state of emergency has not been presented to it, then the state of emergency shall cease to exist according to the Constitution. In all cases, a state of emergency is only declared in circumstances of war, internal discord, or natural disasters. Declaring the state of emergency shall only be for a limited time, and may not be extended, except with the approval of the House of Representatives.

Article (122) The President of the Republic has the right to demand reports from the Prime Minister concerning the implementation of the duties of the Council of Ministers.

Article (123) A Death sentence shall not be executed unless endorsed by the President of the Republic.

Article (124) The Vice President assists the President in his duties. The President may delegate some functions of his to the Vice President.

Article (125) A decree by the President of the Republic shall form a Consultative Council from experienced and qualified specialists in order to expand the base of participation through consultation and to make use of national expertise and qualifications available in different areas of Yemen. The law shall clarify the special rules that concern the Council.

Article (126) The President of the Republic may be charged with grand treason, violation of the Constitution, or any other action that prejudices the independence and sovereignty of the country. Such a charge requires the petitioning of half of the House of Representatives. The indictment decision on this matter requires the support of two thirds of the House of Representatives and the law stipulates the procedures of the trial. If the charge is directed at the President and his deputy, then the Presidency Board of the House of Representatives temporarily assumes the duties of the President and until the giving of the court's verdict on the charges brought against the President. The House of Representatives shall pass the above mentioned law in the first regular round of its sessions once this Constitution takes effect. If the court's verdict finds either of the two guilty, then he is relieved of his post by the Constitution, and is then subject to the normal penalties of the

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law. In all cases, Prescription shall not be applied to crimes stipulated in this article.

The Second Branch: The Council of Ministers

Article (127) The Council of Ministers is the government of the Republic of Yemen, and it is the highest executive and administrative authority of the state. All state administrative organizations, agencies, corporations, without exception, are under the directives of the Council of Ministers.

Article (128) The government is composed of the Prime Minister and his deputies and Ministers who together shall form the Council of Ministers. The law defines the general basis for organizing ministries and the various authorities/agencies of the state.

Article (129) The Prime Minister, his deputies and the Ministers shall meet the same conditions as must be met by a member of the House of Representatives, in addition, his age must not be less than thirty years, excepting the Prime Minister who must not be less than forty years old.

Article (130) In consultation with the President of the Republic, the Prime Minister chooses the members of his cabinet, and seeks the confidence of the House of Representatives on the basis of a program he submits to the House.

Article (131) The Prime Minister and the ministers are collectively responsible for the actions of the government before the President of the Republic and the House of Representatives.

Article (132) Before the Prime Minister and the ministers can assume their responsibilities, they shall perform the constitutional oath before the President of the Republic.

Article (133) The law stipulates the salaries of the Prime Minister, his deputies, the ministers and vice-ministers.

Article (134) During their term of office, the Prime Minister and Ministers may not engage in any other public office, or in any private, commercial, financial or industrial activities, even if indirectly. They may not participate in any undertakings the government (or any of its corporations) contracts, and they may not combine the posts of minister with membership of the board of directors of any company. During their term, they may not purchase, rent or barter government property, even through an open bid. They may not lease, sell, or barter any of their property to the government.

Article (135) The Council of Ministers is responsible for the execution of overall state policies in the political, economic, social, cultural, and defense fields, according to the laws and regulations. In particular, it shall exercise the following:

a. To participate, in conjugation with the President of the Republic, in preparing broad outlines of internal and external policies.

b. To prepare drafts of the national economic plan, and the annual budget, to organize and execute them, and to prepare the government's final statement of accounts.

c. To prepare drafts of laws and resolutions and present them to the House of Representatives or the President of the Republic according to the jurisdiction of each.

d. To approve Treaties and Conventions before presenting them to the House of Representatives or the President of the Republic according to the responsibilities of each.

e. To take the necessary measures to guard the internal and external security of the state, and to protect the rights of citizens.

f. To guide, coordinate and review the activities of the ministries, the administrative apparatus, corporations and boards and the public and mixed sectors according to the law.

g. To appoint and dismiss senior government officials according to the law, and to set and execute the policies that technically intend to develop manpower in government organizations, and to train/qualify personnel according to the needs of the country within the framework of the economic plan.

h. To follow up the execution of laws, and to protect state funds.

i. To supervise the organization and administration of the monetary, credit and insurance systems.

j. To contract and award loans within the overall policies of the state, and within the limits of the provisions of the Constitution.

Article (136) The Prime Minister shall manage the affairs of the Council of Ministers and shall head its meetings. He shall represent the Council in the implementation of the state's general policies and shall supervise the execution of Council decisions and overall state policies in a unified and coordinated manner. He may demand from any members of the cabinet, reports on any matter pertaining to their ministries and the duties assigned to them, and they must comply with such demands.

Article (137)

1. The President of the Republic and the House of Representatives has the right to place the Prime Minister, or his deputies or ministers under investigation and trial for any crimes committed by them in discharging their duties or as a consequence thereof. A decision of the House of Representatives to take such a measure shall be based on a proposal presented by at least fifth of its members. The accusation may not be issued without the support of two thirds of the House.

2. Those accused according to paragraph 1 mentioned-above shall be suspended from work until judgment is passed. Their dismissal may not stop the charge against him or the course of the charge.

3. The investigation and trial of the Chairman of the Council of Ministers, his deputies and ministers and the trial procedures and guarantees [of fairness] shall be as stipulated by law.

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4. The rules of the previous items are applicable to Vice ministers.

Article (138) If the Council of Ministers resigns, or is dismissed, or confidence is withdrawn, it remains as a caretaker government responsible for day to day administration until a new government is formed. A caretaker government may not appoint or dismiss officials.

Article (139) The Prime Minister, if it becomes clear that his cooperation with one of the members of the cabinet has become impossible, may request from the President the dismissal of the said member.

Article (140) If the Prime Minister becomes unable to carry out his responsibilities, or if the House of Representatives bars! withholds! withdraws confidence from the Council of Ministers, or a general election for the House of Representatives is undertaken, the Prime Minister is obliged to tender the resignation of his government to the President of the Republic.

Article (141) If the majority of the members of the Council of Ministers submit their resignations, the Prime Minister has to tender the resignation of the whole government.

Article (142) Each minister is in charge of the supervision and direction of his ministry and its branches throughout the Republic. He is responsible for the execution of the government's overall policies in his ministry. The law specifies the resolutions and regulations that the Minister may issue to implement the laws.

The Third Branch: Bodies of Local Authority

Article (143) The territory of the Republic of Yemen is divided into administrative Units. The law shall identify their number, borders, divisions and the objective criteria for the administrative divisions. Also the law shall show the way for nominating, electing and selecting their chairpersons, and shall specify their functions and duties within their areas.

Article (144) The administrative districts enjoy a nominal personality and shall have councils which must be freely and fairly elected, both at the local and governorate level, which shall exercise their functions within the borders of the administrative area. They shall propose programmers, plans and investment budgets for the administrative district as well as supervise, monitor and audit the agencies of the local authority according to law. The law shall specify the means for nomination and election of the local authority, its administration and financial resources, the rights and duties of its members, its role in the execution of development plans and programmes and all other rules, through considering the adoption of the principle of administrative and financial decentralization as the foundation of local administration system.

Article (145) All the administrative units and the local councils are an inseparable part of the power of the state. The governors shall be responsible before the President of the Republic and the Council of Ministers, whose decisions are obligatory to the districts and councils which must execute them in all cases. The law defines the methods of control over the actions of the local councils.

Article (146) The state shall encourage and sponsor the local cooperative administrations as they are one of the most important means of local development.

Chapter III: The Judicial Authority

Article (147) The Judiciary authority is an autonomous authority in its judicial, financial and administrative aspects and the General Prosecution is one of its sub-bodies. The courts shall judge all disputes and crimes. The judges are independent and not subject to any authority, except the law. No other body may interfere in any way in the affairs and procedures of justice. Such interference shall be considered a crime that must be punished by law. A charge regarding such interference cannot be nullified with the passing of time.

Article (148) The judiciary is an integrated system. The law organizes this system in terms of ranks, responsibilities, the terms and procedures of appointment, transfer and promotion of judges, and their other privileges and guarantees. Exceptional courts may not be established under any conditions.

Article (149) Members of the judiciary and public Prosecution office shall not be dismissed except under the conditions stipulated by the law. They may not be transferred to non-judicial posts except with their own consent, the approval of the relevant judicial council, unless that was taken as a disciplinary measure. The law shall regulate the disciplinary trial of the judiciary and it organizes legal profession/practice.

Article (150) The judiciary shall set up the Supreme Judicial Council. The law shall organize it, clarify its functions and system of nominating and appointing its members. The Supreme Judiciary Council shall execute these guarantees for the judiciary in the fields of appointment, promotion, discharge and dismissal according to the law. The Council shall study and approve the judicial budget in preparation for inserting it as one item within the overall budget of the state.

Article (151) The Supreme Court of the Republic is the highest judicial authority. The law shall specify how it can be formed, clarify its functions and the procedures to be followed before it. It shall undertake to do the following:

a. Judge cases and pleas that laws, regulations, bylaws and decisions are not constitutional.

b. Judge disputes over conflict of jurisdiction.

c. Investigate and give opinions regarding appeals referred by the House of Representatives which relate to its membership.

d. Rule on appeals of final judgments in civilian, commercial, criminal, personal and administrative disputes and disciplinary cases according to the law.

e. To try the President of the Republic, the Vice-President, the Prime Minister, his deputies, the ministers and their deputies according to the law.

Article (152) Court sittings are open to the public unless a court determines, for reasons of security or general morals, to hold sessions behind closed doors. In all cases, verdicts are announced in an open session.

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PART FOUR: THE EMBLEM, FLAG AND NATIONAL ANTHEM OF THE REPUBLIC

Article (153) The law stipulates the Republic's insignia, emblems, badges, and national anthem.

Article (154) The national flag is composed of three colors. These are, starting from the top: Red, white, black.

Article (155) The city of Sana'a is the capital of the Republic of Yemen.

PART FIVE: BASIS FOR AMENDING THE CONSTITUTION AND GENERAL PROVISIONS

Article (156) The President of the Republic and the House of Representatives have the right to request an amend one or more articles of the Constitution. The request must mention the articles that require amendment, the reasons and justification for this amendment. If the request was issued by the House of Representatives it must be signed by a third of its members, and in all cases, the House shall discuss the principle of amendment and take a decision only with a majority of its members. If the request is rejected, another request for the amendment of the same articles may not be submitted until the lapse of one year. If the House of Representatives agrees to the principle of the amendment, the House shall discuss the articles which require amendment after a break of two months. If three quarters of the House agree on the amendment, it shall be presented to the people in a general referendum. If the absolute majority of those who vote are in favour of the amendment, the amendment is considered valid as of the date of announcing the results of the referendum.

Article (157) A supreme, independent and neutral committee shall administer, supervise and monitor the general elections and general referenda. The law shall specify the number of the members of the committee, the conditions they should meet under and the method for nominating and appointing them. The law also shall specify the jurisdictions and the functions of the committee in a manner that secures the best fulfillment of its functions.

Article (158) The President of the Republic shall be elected for the first time following the approval of constitutional amendment by the House of Representatives. Nomination for the post of the President of the Republic must be by a quarter of the members of the House of Representatives. The one who wins the majority of the members of the House of Representatives is considered the President of the Republic.

Article (159) The text of the constitutional oath to be sworn by the President of the Republic, his deputy, members of the House of Representatives, Chairman and members of the government, shall be as follows:

I swear by Allah Almighty the Great to adhere to Qur'an (the Book of God) and his Prophet's Sunnah (Traditions) to faithfully safeguard the Republican system, to respect the Constitution and law, to fully take care of the interests a and freedoms of the people, to preserve the unity of the homeland, its independence and the integrity of its territories.