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Constitutional Law in Cambodia is anchored on the premises of the Cambodian constitution that was adopted in 1993. This constitution serves as the supreme law of Cambodia which defines the structure and responsibilities of the government, establishes fundamental rights of the citizens, and includes provisions on the monarchy. This constitution was established to help democratize the nation, protecting its sovereignty while also promoting civil liberties and international cooperation. Constitutional Law encompasses these principles and bases its practices on the interpretation and application of these constitutional provisions.
Understanding and navigating the intricate web of constitutional law can be challenging for most people— particularly if you are dealing with issues such as human rights violations, challenges on existing laws on the grounds of constitutionality, or navigating governmental regulations versus private rights. In these situations, a lawyer with expertise in Constitutional Law will be able to assist you in clarifying, asserting and protecting your rights. Legal counsel would also be pivotal for lawmakers or organizations in drafting new laws or reviewing existing ones for constitutional compliance.
The key aspects of local laws that are particularly relevant to Constitutional Law in Cambodia touch on various areas; from civil liberties, human rights, to political structure. Some of the key points include a multi-party democratic system with the King as the head of state, right to life and personal freedom, prohibition of torture, equal rights for men and women, right to strike, and freedom of expression, media, and religion. Legislation that infringes on any of these rights could be constitutionally challenged.
The Constitution is the supreme law in Cambodia. It forms the basis for all law and governance, and sets the guiding principles for all secondary laws.
The Constitutional Council of Cambodia is the body that interprets the laws and ensures they are in line with the Constitution.
The Constitution guarantees various civil liberties, including right to life, personal freedom, right against torture, and equal rights for men and women. It also guarantees political rights, such as freedom of expression, media and religion.
Yes, the Constitution can be amended, but the process is complex, involving approval from a two-thirds majority in the National Assembly.
If a law conflicts with the Constitution, the Constitutional Council can declare it unconstitutional and render it void.
Ordinary citizens cannot directly challenge laws. However, political actors including the King, Prime Minister, National Assembly or Senate Presidents, as well as Members of Parliament can submit cases to the Constitutional Council.
Yes, the Constitution in Cambodia protects various human rights. Any violations would thus be constitutional matters.
A Constitutional lawyer in Cambodia mainly assists clients to navigate through legal matters associated with the constitution, be it human rights issues, challenging a law's constitutionality, or ensuring laws are compliant with the constitution.
The King of Cambodia, under the constitution, is the symbol of unity and eternity of the nation. He reigns but does not govern. However, he has the power to grant partial or complete amnesties.
According to the Constitution of Cambodia, international laws ratified by the kingdom are recognized as part of the national laws. Therefore, conflict between national law and international law elicits scrutiny under constitutional law.
The primary resource for informational and legal issues tied to Constitutional Law is the Constitutional Council of Cambodia. Learning resources include law faculties at local universities such as the Royal University of Law and Economics or the Build Bright University Faculty of Law. Human rights organizations might also provide useful insights on Constitutional rights in Cambodia.
If you need legal assistance in matter related to Constitutional Law, consider seeking legal counsel from a lawyer specializing in this area. It may also help to familiarize oneself with the Constitution and read related legal resources or literature. Joining a related forum or community can also offer you additional insights, practical guidance, and shared experiences in navigating similar legal issues.
