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Hierarchy of cambodian laws
Topic: Hierarchy ofCambodian lawSubject: Introduction to Law
I. ConstitutionII. International treaty and agreementIII. LawIV. Regulation1. The Constitution2. Laws (Chbab):3. Royal decrees (Prash Reach Kret):4. Sub-decrees (Anu-Kret):5. Proclamations (Prakas):6. Circulars (Sarachor):V. ConclusionVI. ReferenceI.Content
I. Constitution The Constitution is the supreme law of the Kingdom of Cambodia. The other definitions of the Constitution such as: Material: Form: “ The constitution of Kingdom of Cambodia is the Firm Constitutionbecause it is the Supreme Law depend on the art 151 new (1993)the amendment is different from normal amend’’. Art 151, the initiative to review or to amend the Constitution shallbe the prerogative of the King, the Prime Minister and the Presidentof National Assembly with the suggestion of ¼ of all the NationalAssembly members.
Conti…. Assembly on 24 September 1993 was officially promulgated as ofMarch2008:This is to be noted that the 1993 Constitution has been amended Fivetimes The first time: July 14,1994, concerning the delegation of power from King’ssignature to the Acting Head of State. The second time: March 8,1999, for the constitution of Senate. The third time: July 28,2001, for the creating and conferring national medals bythe king. The fourth time: June 19, 2005, for the amendment of quorum of the session andthe adopting vote of the National Assembly and the Senate. The last time: March 09, 2006, for the amendment of quorum of the session andthe adopting vote of the National Assembly and the Senate.
II. International treaty and agreement A treaty is an express agreement under international lawentered into by actors in international law. In international law• Sovereign state and• international organizations. all of these forms of agreements are, under international law,equally considered treaties and the rules are the same. Agreements between countries are called agreements,conventions, protocols, and treaties. Treaties may be bilateral(between two countries) or multilateral (between more thantwo countries). The ratification of international treaties is accomplished by filinginstruments of ratification as provided for in the treaty.
Conti…. Art 31."The Kingdom of Cambodia shall recognize and respect humanrights as stipulated in the United Nations Charter, the UniversalDeclaration of Human Rights,• the covenants and conventions related to human rights, women’sand children’s rights." Besides the UDHR• International Covenants are the International Covenant on Economic,Social and Cultural Rights (ICESCR, 1966),• International Covenant on Civil and Political Rights (ICCPR, 1966),• Convention on the Elimination of All Forms of Discrimination againstWomen (CEDAW, 1979)• Convention against Torture and other Cruel, Inhuman or DegradingTreatment or Punishment (CAT, 1984), and• Convention on the Rights of the Child (CRC, 1989).
Conti…. Art 26. This constitution is the supreme law of the Kingdom ofCambodia. Law and decisions made by state institutions must be instrict conformity with the constitution. Art.55. Any treaty and agreement incompatible with theindependence, sovereignty, territorial integrity, neutrality and nationunity of the kingdom of Cambodia, shall annulled. Art 150. This constitution is the supreme law of the Kingdom ofCambodia. Law and decisions made by state institutions must be instrict conformity with the constitution.
III. LawA law is adopted by the National Assembly and the Senate,and promulgated by the King or the acting Head of State. A lawmust be in strict conformity with the Constitution. In Cambodiancontext, there are two kinds of law which the first one is normallaw which is adopted by the National Assembly and the Senateand then promulgated by the king and can be reviewed itsconstitutionality after the law is enforceable; second one isorganic law which before promulgation from the King, it needs toreview its constitutionality.
legislation• The National Assembly is an organ that has a legislative power andperforms its duties as provided for in the Constitution and laws inforce.• The National Assembly shall approve the national budget, Stateplanning, lending , borrowing, financial contracts, and theimposition, modification or abolition of taxes.• The National Assembly shall approve administration accounts.• The National Assembly shall adopt a law on general amnesty.
Conti…• The National Assembly shall approve or repeal internationaltreaties and conventions.• The National Assembly shall adopt a law on the proclamation of war.• The adoptions and approvals referred to in the previous clauses shallbe agreed by an absolute majority vote of all Members of theNational Assembly.• The National Assembly shall pass a vote of confidence in the RoyalGovernment by an absolute majority vote of all Members.
IV. RegulationThe legislative branch is divided into the NationalAssembly and the Senate, with the authority to approve andamend legislation initiated by them or by the government. Theexecutive branch consists of the prime minister, the Council ofMinisters (or the Royal Government) and the various lineministries.
Conti……The hierarchy of domestic Cambodia legal instruments contained in thiscompilation is as follows:1. The Constitution:The Constitution is the supreme source of law in Cambodia2. Laws (Chbab):A law is adopted by the National Assembly and the Senate, andpromulgated by the King or the acting Head of State. A law must be in strictconformity with the Constitution.3. Royal decrees (Prash Reach Kret):A Royal decree is issued by the King in the exercise of his constitutionalpowers. A Royal decree must be in strict conformity with the Constitution.
Conti….4. Sub-decrees (Anu-Kret):A sub-decree is adopted by the Council of Ministers and signed by thePrime Minister. A sub-decree must be in strict conformity with theConstitution and conform to the Law to which it refers.5. Proclamations (Prakas):A proclamation is a ministerial or inter-ministerial decision signed by therelevant Minister(s). A proclamation must conform to the Constitution and tothe law or sub-decree to which it refers.6. Circulars (Sarachor):A circular is an instrument that a Ministry or higher authority use to clarifya point of law or to provide instructions. A circular is only advisory and doesnot have the force of law.
V. conclusionWithin this hierarchy, general observations can be made on timeand scope. The higher the level of the instrument that is being enacted, thegreater the amount of time required due to the various levels of review itmust go through.Another aspect that should be considered is the scope of the legaldocument. Laws have broad scope and apply to all government entities andgeographic locations within the country, unless specifically limited withintheir text.
VI. Reference• Kingdom of Cambodia, Law on Environmental Protection and NaturalResources Management (Phnom Penh: Kingdom of Cambodia)• Kingdom of Cambodia, Constitution of the Kingdom of Cambodia, revised1999 (Phnom Penh: Kingdom of Cambodia)• Kingdom of Cambodia, Constitution of the Kingdom of Cambodia, revised1999 (Phnom Penh: Kingdom of Cambodia)