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The Constitution is the fundamental law of the Kingdom of Cambodia. It was adopted in 1993 and stipulates that Cambodia is a democratic country with several sovereign rights. Constitutional Law in Phnom Penh, as is across all Cambodia, includes protections for fundamental rights including freedom of expression, trade, association and assembly. It also delineates the powers of the State, including the executive, legislature, and judiciary. Most importantly, it upholds the citizen's rights against state and individual abuse and any violation of these rights can be challenged in court.
Constitutional Law encompasses complex legal aspects that can impact individuals, businesses and organizations. You may need a lawyer for a variety of reasons such as: if you're involved in a legal dispute implicating constitutional issues, if you believe that the State has violated your rights as protected by the Constitution or if you require advice on a legal matter that involves interpreting the Constitution. Legal professionals can assist you in these, and other, situations by providing representation before courts, assistance in the understanding of related laws, and counsel for compliance with the Constitution.
The Cambodian Constitution upholds several key principles, which are founded on the principles of liberal democracy and pluralism. It recognizes the King as the Head of State and provides for a parliamentary form of government. The Constitution guarantees several fundamental freedoms and human rights like the right to life, right to freedom of religion, freedom of expression, right to property, and many more. The Constitutional Council ensures the constitutionality of laws and is an important part of the legal landscape. Besides the Constitution, other laws and regulations, including international treaties, also form part of the wider legal framework that affects the rights and duties of individuals and organisations in Cambodia.
The Constitution protects several fundamental rights, like the right to life, freedom of speech, assembly and association, and the right to fair trial among others.
Yes, the Constitution recognises the King as the Head of State who reigns but does not govern.
Yes, if a law is against the provisions of the Constitution, it can be challenged in the Constitutional Council.
The Constitution can be amended following a proposal by the King or at least one-fourth of all MPs. The amendment must then be passed with a majority of two-thirds of all MPs.
Cambodian Constitution recognizes ratified international treaties as part of domestic law and provides that any discrepancies between national and international law, the latter shall prevail.
Yes, the Constitution provides for several rights to non-citizens, including the right to property and the right to life, among others.
Yes, constitutional lawyers can be vital in ensuring the business operations are in compliance with the constitutional laws and for dealing with any constitutional law disputes in the business context.
If a law is found to be unconstitutional, it is void and cannot be enforced.
Yes, constitutional law, particularly the rights provided by it, can absolutely be used in a criminal defense. For example, the right to a fair trial is a constitutional protection that can be invoked in criminal proceedings.
The Constitution is interpreted by the Constitutional Council in Cambodia.
The Constitutional Council of Cambodia is a key resource for further information about Constitutional Law in Cambodia. Other governmental bodies, like the Ministry of Justice and the Supreme Court, the Office of the High Commissioner for Human Rights in Cambodia, non-governmental organizations involved in legal aid including the Cambodian Human Rights and Development Association, and the Legal Aid of Cambodia are also helpful sources of information and support.
If you require legal assistance in the field of Constitutional Law in Cambodia, consider reaching out to a local law firm, or a legal aid organization to discuss your situation. Prepare a list of any concerns or inquiries you may have before consulting a legal professional. This will help you to maximize your time and attain the advice you need more effectively.
