the supremacy of the constitution 93

Paññāsāstra University of Cambodia The Supremacy of the Constitution 1993

Professor Dr. KONG Phallack Student: LONG KimKhorn, LL.M 1

Research Term Paper

The Supremacy of the Constitution 1993

Written By: LONG KimKhorn

LL.M. in International Human Rights and Humanitarian Law

Paññāsāstra University of Cambodia

Introduction to Cambodian Law

Instructed By: Professor Dr. KONG Phallack

Dean of PUC Faculty of Law and Public Relations

Phnom Penh, July 23, 2014



TABLES OF CONTENT

I. Abstract …………………………… 3

II. Acknowledgement …………………………… 3

III. Introduction …………………………… 3

IV. Literature Review …………………………… 5

V. Methodology …………………………… 13

VI. Facts and Findings …………………………… 13

VII. Recommendation …………………………… 16

VIII. Conclusion …………………………… 17

IX. References …………………………… 17



I. Abstract

In every democratic country around the world consider their constitution as the

supreme law superior to other laws. Some even value the constitution above the

international law, when they come to their State sovereignty. In every constitution

aims to determine the relationship between the governing and the governed –

State and citizens. But does the Constitution is the only answer to every problem

happening in the society? The answer may be not but I believe the constitution is

the core spirit of the State to structure every big skeleton of the nation – political

regime, economic system, social welfare, sovereignty and integrity, national

security and defense, and human rights.

In the Constitution of the Kingdom of Cambodia promulgated by the Constituent

Assembly in 1993 also states about the supremacy. But what does supremacy

really mean in the constitution of Cambodia? Does Cambodia Constitution really

have supremacy? If it isn’t, why. And how lawmaker can do to make the

constitution supreme? How the supremacy of the constitution helps to shape the

democratization process and the respect of the human rights?

II. Acknowledgement

I would like to thank Dr. KONG Phallack for instruction and also to all scholars,

lawmakers, I/NGOs reports, academic researches and publications that I was

being used to write this paper.

III. Introduction

In the 1993 Constitution Art. 150: (Former Art. 131) [1] states “This Constitution

shall be the Supreme law of the Kingdom of Cambodia.”1 And Art. 150 [2] states

“Laws and decisions by the State Institutions shall have to be in strict conformity

with the Constitution.”

1The Constituent Assembly, the Constitution of the Kingdom of Cambodia,

(Phnom Penh: 1993)



According to the book “Introduction to Cambodian Law”2, the supremacy is

composed by three basic elements: (1) a constitution is superior to the law; (2) any

law contrary to the constitution is not law; (3) if a law is void, it must not be

enforced (Hor. Kong. &Menzel. (Eds.): 2012). The constitution is superior

because it made from the will of the citizens within a given and defined territory

through their representative which elected by them directly with the principles of

free and fair. Kelsen and Barak said “Kelsen and Barak, it is superior because the

foundation of validity of the law-constituent power is superior over legislative

power and it requires to be justified by judicial review (Hor. Kong. &Menzel.

(Eds.): 2012, p. 30)

Furthermore, in order to guarantee the supremacy of the constitution, the law

designed three level of enforcement3 – (1) Moral-binding enforcement: it is

depending solely on the virtue of law enforcement officer as well as politician and

leader. It is easy to be breached by the officer when it comes to personal interest

and threat; (2) Political-binding enforcement: in which it has to do with the

responsibility of each individual elected toward the elector and voter. Because if

they don’t care the interest of their supporter or breach the trust of their citizens,

they will face a problem of loosing vote leading them away from the political

power and authentic authorization; (3) Legal-binding enforcement: if the

politician cross the red line which is limited by the constitution and law, they will

be punished by the law which they made by themselves.

Since the 1993 until the present, the National Assembly of Cambodia adopted

nearly around 360 organic laws which is drafted by the Royal Government of

Cambodia. Due to the scope, time constraint, and objective of the research, I will

bring two controversial organic laws to discuss in the below literature review.

2 &3Hor Peng, Kong Phallack &Jorg Menzel (Eds.), Introduction to Cambodian

Law, (Konrad Adenauer Stiftung, Cambodia: 2012)



a. Research Objective

I would like to find out whether the present Constitution has its supremacy or

not. Because I believe that if there is Constitutional Supremacy, it is a way to

ensure the citizens can exercise their rights through the three branches of the

government effectively and meaningfully because the constitution can really

protect the rights of the citizens and avoid from the undermining of the laws

which drafted by the Royal Government of Cambodia. Furthermore, I would

like to find out how lawmaker can do to make the constitution to posses the

power of its supremacy.

b. Research Scope

Due to time constraint and the research objective, I would like only to examine

some article through out the constitution and organic laws that are believed

undermining the supremacy of the constitution from the legal point of view.

c. Research Problem

According to the 1993 Constitution Art. 150 (New): (Art. 131 Old) [1] states

“Constitution is the supreme law of the Kingdom of Cambodia”. According to

the principles of the modern constitutionalism, the supremacy have to meet

three aspects – a./ Constitution shall be superior to others laws, b./ Other laws

that contrast with the Constitution are not law/ void, c./ If it is void, it couldn’t

be implemented.

In the last 20-year since 1993, the National Assembly of Cambodia passed

more than 360 laws which were drafted by the Royal Government of

Cambodia. There are many criticisms that those laws, more or less, written

down unconstitutionally aiming to protect the legacy of the government rather

than to preserve the rights of its citizens.

IV. Literature Review

The first case study of the research related to the rights of peaceful assembly

which Cambodia as the State party of this covenant. In the Art. 21 of the ICCPR4,

International Covenant on Civil and Political Rights, the right of peaceful



assembly shall be recognized. No restrictions may be placed on the exercise of

this right other than those imposed in conformity with the 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.

Furthermore, in the 1993 Constitution Art. 31 states “The Kingdom of Cambodia

shall recognize and respect human rights as stipulated in the United Nations

Charter, the Universal Declaration of Human rights, the covenants and

conventions related to human rights, women’s and children’s rights.” 1993

Constitution Art. 37 reads “The right to strike and to non-violent demonstration

shall be implemented in the framework of a law. 1993 Constitution Art. 41

stipulate “Khmer citizens shall have freedom of expression, press, publication and

assembly.”5

According to Royal Kram No. NS/RKM/1209/025, the Law on Peaceful

Assembly (LPA)6 as adopted by the National Assembly on October 21, 2009, Art.

11 stated that “In case the competent municipal or provincial territorial authorities

have clear information indicating that the demonstration may cause danger or

would seriously jeopardize security, safety and public order, the municipal or

provincial territorial authorities shall immediately respond to and notify the filers

of the notification letter, so that they will have time to meet with local authorities

and other relevant authorities to discuss solutions.”

4The General Assembly of United Nations, International Covenant on Civil and

Political Rights, (United Nations, 1966)

5The Constituent Assembly, the Constitution of the Kingdom of Cambodia,

(Phnom Penh: 1993)

6The National Assembly, Royal Kram, No. នស/រកម/ 1209/ 025: Law on Peaceful

Assembly, (Phnom Penh: 2009)



2009 LPA. Art. 12 reads “Upon discussion, if both parties fail to reach an accord,

the competent municipal or provincial territorial authorities shall request the

Minister of Interior to provide a decisive opinion.” 2009 LPA. Art. 14 [1]. (1)

continues “at the freedom parks created appropriately in compliance with laws or

regulations, and where that peaceful assembly is to be conducted by a maximum

of two hundred (200) persons for each municipality or province.”

We can see that in this article and the law itself didn’t give the clear definition

about – (a) what is “clear information” means and what component or substantive

or subject-matter to determine an action as “the cause of danger and jeopardize

security, safety, public order”; (b) How does the Ministry of Interior give

“decisive opinion” base on what whether on the subject-matter of the law or the

Ministry’s political will or on the object-matter stated in the report of the

subordinate of the Ministry itself”; (c) and “a maximum of two hundred” but what

if, if the citizen who want to protest or gather or assemble against State authority

or private entity reach beyond two hundred because LPA allows only two hundred

and didn’t state clearly whether beyond two hundred will be considered as the act

of unlawful and have to be banned.

The reality in any society, mostly the citizen assembly is to protest against the

State authority whether because of bad or unaffordable public services and poor

governance or the act of the State authority to protect the interest of the private

entity which the citizen believe this act is against the general will of victim as a

particular group of citizen or in general and can cause damage or destroy the

interest of citizen. It defined as the demanding act against the protective State

authority. Therefore, many cases in general practices in Cambodia, the State

authority intends to block the will of assembly aiming against the authority

through not allowing the permission for gathering or assembly even other

provision of this law require the people to submit only a letter of notice informing

the authority about the assembly. All above legal reasoning showing that this

LPA, to some extent, against the constitutionality causes the loose of supremacy

of the constitution.



Furthermore, according to the CCHR, Cambodia Center for Human Rights7, is

“concerned some vague language in the Demonstration Law could be interpreted

to enforce draconian limits on freedom of expression.” Article 2 specifies that

peaceful assembly “shall not be used abusively affecting the rights, freedoms, and

honor of others, good customs of the national society, public order and national

security.” Some of these phrases could be subject to broad and subjective

interpretation.

Specifically, the phrase “honor of others” could potentially be interpreted to mean

any peaceful assembly protesting the actions of another. The implementation

guide for the Demonstration Law does not clarify these phrases, but does

emphasize authorities must have “clear information” an assembly will jeopardize

security, safety, or public order as grounds to stop it. The implementation guide

defines clear information as a “comprehensive assessment of the substantive

evidence” that the authority holds the absolute power on the assessment and

evidence. There is no other mean that the citizen can hold assembly lawfully, if

the authority said “No”. In this case, citizen is left no mean to justify their own

action and force himself or herself to assemble even though the law not allow

resulted in so-called “Anarchic Group” and suppressed by the police. Therefore,

both LPA and the implementation guide are likely to infringe on the right to

peaceful assembly (CCHR, 2011: 1).

The second case study related to the three current controversial draft laws aiming

for the Judicial System Reform – Law on the Organization and Functioning of the

Supreme Council of Magistracy, Law on the Statute of Judges and Prosecutors,

and Law on the Organization of the Courts. In the law of SCM, there are many

controversial articles such as Art. 4, 5, 7, 8, 15, 20, 23, 25; as for the law on SJP

such as Art. 33; the law on OC such as art. 11 and 84. Due to the scope and

objective of the paper, I would like to examine and discuss only the Art. 4 of the

SCM, Art. 33 of the SJP, and art. 11 of the OC.

7Cambodia Center for Human Rights, Green, Yellow, Red – CCHR Law

Classification: Law on Peaceful Assembly, (CCHR, 2011) Volume: 2, p.1



2014 Draft SCM8 Art. 4 reads the Minister of Justice is a member of SCM, the

Lord of the Supreme Court also a member of the Supreme Council of Magistracy

and General Prosecutor also a member of the SCM. The objective of the Law on

SCM is to oversee and check the competence of the Ministry of Justice and the

court at all level. This law allowed the highest-ranking official in charge of the

executive work of the justice and court - Minister of Justice, Lord of Supreme

Court, and General Prosecutor – are seated in the council. How can a doer or

practitioner or executive officer check his or her act because they will use their

discretion or will in the name of human being themselves which make them

unable to see their mistake and if there is mistake, they will ignore it because they

are also a part of the council which hold power to decide who right and wrong.

2014 Draft SJP9 Art. 33 read the Promotion Committee to the Court: Secretary of

State is the president and Secretary-General of Supreme Council of Magistracy as

the secretary of the committee. Then again, we can see clearly that the appointed

high-ranking executive officer in the executive branch also appointed to charge

the high-level body in the judiciary branch. 2014 Draft OC10 Art. 11 states

Ministry of Justice shall hold rights to oversee all the administrative of the court at

all level. Therefore, Art. 4, 33, and 11 written down against the 1993 Constitution

Art. 51 [5] reads “The Legislative, Executive and the Judicial powers shall be

separate.”

Furthermore, according to the UN Resolution 1989/3211, the General Assembly of

the United Nations invited governments to take into account the principles set

forth in Dr. Singhvi’s draft declaration in implementing the United Nations’ Basic

Principles on the Independence of the Judiciary, which had been approved in 1985

8 The Office of Council of Ministers, Law the Organization and Functioning of the Supreme Council of Magistracy, (Phnom Penh: 2014)

9The Office of Council of Ministers, Law on the Statute of Judges and Prosecutor, (Phnom Penh: 2014)

10The Office of Council of Minister, Law on the Organization of the Courts, (Phnom Penh: 2014)



The principle 14 of the declaration reads “Promotion of a judge shall be based on

an objective assessment of the judge's integrity, independence, professional

competence, experience, humanity and commitment to uphold the rule of law. No

promotions shall be made from an improper motive.” Cambodia is the Member

State of the United Nations. This is a declaration which is not binding and not

require Member State to ratify but this is the international declaration and the

principle is worldwide used.

On 10 December 1948, the Universal Declaration12 of Human Rights was

proclaimed and adopted by the General Assembly stated in art. 10 that “Everyone

is entitled in full equality to a fair and public hearing by an independent and

impartial tribunal, in the determination of his rights and obligations and of any

criminal charge against him.” In this article, the declaration stated clearly about

“independent and impartial tribunal”. In order to have independent and important

tribunal, there have to have independent court. In order to have independent court,

have to have the independent monitor to oversee the Ministry of Justice and the

Court which is in the hand of the Supreme Council of Magistracy. And if the

executive and judicial power composed of the same person, who will monitor

who.

1966 ICCPR13 Art. 14 [1], which Cambodia also a State party, states that all

persons shall be equal before the courts and tribunals. In the determination of any

criminal charge against him, or of his rights and obligations in a suit at law,

everyone shall be entitled to a fair and public hearing by a competent, independent

and impartial tribunal established by law.

11The Commission (UN-ECOSOC), Resolution 1989/32: Dr. Singhvi's draft

declaration in implementing the United Nations' Basic Principles on the

Independence of the Judiciary, (UN, 1985) 12The General Assembly, the Universal Declaration of Human Rights, (UN, 1948)

13The General Assembly of United Nations, International Covenant on Civil and

Political Rights, (United Nations, 1966)



The Press and the public may be excluded from all or part of a trial for reasons of

morals, public order (ordre public) or national security in a democratic society, or

when the interest of the private lives of the parties so requires, or to the extent

strictly necessary in the opinion of the court in special circumstances where

publicity would prejudice the interests of justice; but any judgment rendered in a

criminal case or in a suit at law shall be made public except where the interest of

juvenile persons otherwise requires or the proceedings concern matrimonial

disputes or the guardianship of children.

Furthermore, these draft law drafted and written down against the many articles

stipulated in the Constitution14 1993 Art. 51: (New) [5] reads The Legislative,

Executive, and the Judicial powers shall be separate; Art. 132: (Former article

113): The King shall be the guarantor of the independence of the Judiciary. The

Supreme Council of the Magistracy shall assist the King in this matter; Art. 128:

(Former article 109) reads The Judicial power shall be an independent power; Art.

130: (Former article 111) states Judicial power shall not be granted to the

legislative or executive branches; Art. 134: (Former article 115) stipulates The

Supreme Council of the Magistracy shall be established by an organic law which

shall determine its composition and functions. The Supreme Council of the

Magistracy shall be chaired by the King. The King may appoint a representative

to chair the Supreme Council of the Magistracy. The Supreme Council of the

Magistracy shall make proposals to the King on the appointment of judges and

prosecutors to all courts. The Supreme Council of the Magistracy shall meet under

the chairmanship of the President of the Supreme Court or the General Prosecutor

of the Supreme Court to decide on disciplinary actions against judges or

prosecutors.

14The Constituent Assembly, the Constitution of Kingdom of Cambodia,

(Cambodia: 1993)



According to the Joint Statement15 of the Civil Society, Index. ASA/004/2014

dated on 26 May 2014, on 22 and 23 May, the NA passed, in quick succession,

the Law on the Organization of the Courts, the Law on the Statute of Judges and

Prosecutors, and the Law on the Organization and Functioning of the Supreme

Council of the Magistracy. The bills will then be sent to the Senate for review, to

be followed by scrutiny by the country’s Constitutional Council.

The bills as drafted violate the separation of power and judicial independence

provided by Articles 51, 128 and 132 of the Constitution of Cambodia and

international law and standards in a number of important respects. In particular,

they contravene Article 14 [1] of the International Covenant on Civil and Political

Rights (ICCPR) that guarantees an independent and impartial tribunal, the United

Nations Basic Principles on Independence of Judiciary, the Singhvi Declaration

and the Beijing Statement of Principles.

In contravention of the Singhvi Declaration and the Beijing Statement of

Principles, the current bills give the Minister of Justice power to: control and

manage the administrative affairs of the courts and prosecutors including

regarding the budget and promotion or reassignment; act as the chief of the

prosecution and to issue orders to the prosecutions of all level of courts; determine

the number of judicial students; participate in recommending judicial promotions;

decide upon requests of government officials not trained as prosecutors to become

prosecutors; rule on requests by judges or prosecutors on leave to undertake

private transactions; appoint an inspection team to investigate alleged judicial

breaches of discipline; and oversee the establishment of disciplinary case files.

Further, according to Principle 8 of the United Nations Basic Principles on the

Independence of the Judiciary, judges are entitled to freedom of expression so

long as they conduct themselves in a manner that preserves the dignity of their

office and the independence of the judiciary.

15ASA, Index: ASA 23/004/2014: Joint Statement Civil Society on Judicial

Reform Bills, (Phnom Penh: 2014)



V. Methodology

Paper will use both primarily and secondary source via internet-based sources

including the course reading book with the 1993 Constitution as the sources for

the research writing. After collecting all sources, I conduct literature review on all

sources to find out the related part which able to respond the main question of the

research. Research paper uses qualitative method and empirical method to

examine the fact and finding.

VI. Facts and Findings

1993 Constitution Article 9116: (New) reads The Senate members, deputies and

the Prime Minister shall have the right to initiate legislation. German basic law

(Constitution) doesn’t allow the chancellor to initiate the essential law. In

Cambodia, the constitution allows the Prime Minister to initiate organic law.

Politically, the will of politician differ from the general will of the citizen. People

demand good public services from the government through politician. The

politician wants to control power as long as they can through the government.

Therefore, the politician creates law to protect the power of their government

rather than the rights of the people.

From legal point of view, the constitution is the power of the people to limit the

power of the government. Parliamentarian elected by the people to protect the

constitution. By protecting the constitution means protect the people. But in case

of Cambodia, Prime Minister or the government can initiate any organic law he or

she wishes and wants. The power of initiating organic law of the Prime Minister

causes the loose of supremacy of the constitution.

1993 Constitution Article 2817: (New) [1] reads The King shall sign the law

(Kram) promulgating the Constitution and laws adopted by the National

Assembly and Senate, and sign decrees ( Kret ) presented by the Council of

Ministers.


(Cambodia: 1993)



No any provision in the constitution allow the King to have veto right not to ratify

any law and decree that King believe it harms the national independence,

sovereignty, territorial integrity of the Kingdom of Cambodia and rights and

freedom of all citizens which stipulated in article 8. Therefore, the King left no

choice beside ratifies whatever law and decree submitted by the government.

When the King has no veto right, it causes the loose of supremacy of the

constitution.

1993 Constitution Article 14018: (Former article 121) [1] reads The King , the

Prime Minister, the President of the Assembly, or 1/10 of the assembly members

and President of the Senate or 1/4 of the Senate members shall forward draft bills

already passed by the National Assembly to the Constitutional Council for

examination before their promulgation. This provision didn’t give any power to

the Constitutional Council the right to order any law or decree or case to the

Council for examination. Art. 140. [2] states the Assembly and Senate Rules of

procedure and various organic laws shall be forwarded to the Constitutional

Council for examination, before their promulgation. The Constitutional Council

shall decide within no more than thirty days whether the above laws and the

Internal Rules of procedure of the Assembly and of the Senate are constitutional.

This article seems to mean that it is not a matter whether the Council examine the

receiving law or decree because after thirty days those sent law or decree will be

considered as constitutional.

1993 Constitution Article 141: (Former article 122) [1]. reads after a law is

promulgated, the King, the President of the Senate, the President of the Assembly,

the Prime Minister, 1/10 of the Senate members, 1/10 of the Assembly members

or the courts, may ask the Constitutional Council to examine the constitutionality

of that law.


(Cambodia: 1993) 18The Constituent Assembly, the Constitution of Kingdom of Cambodia,

(Cambodia: 1993)



The constitution allow the Constitutional Council to examine any law which asked

by the King, the President of the Senate, the President of the Assembly, the Prime

Minister, 1/10 of the Senate members, 1/10 of the Assembly members or the

courts but didn’t allow the Constitutional Council has right to initiate its own

examination and interpretation on any law which the Council believe that these

laws or decree drafted unconstitutionality. Therefore, when the Constitutional

Council has no right to initiate the examination on the law, it causes the loose of

the supremacy of the constitution by which law and degree drafted

unconstitutional on that regard.

According to the last revised on the Law on Election of Members of the National

Assembly (LEMNA)19 and Amendments of Law on Election of Members of the

National Assembly, Article 5: [2] reads the electoral system shall be proportional

representation with provincial/municipal constituencies. This law not allows any

individual to run for office without Party that means everyone has to be on the list

of any political party and the voter can only vote for the Party but not the

candidate. Therefore, this law leave a hug authority of the Party over the

representative determining from who would be on the candidate list to who will be

appointed as the real representative which whoever is not necessarily. This article

causes the representative loose the power of their representativeness and loose of

the supremacy of the constitution because the representative hardly protect the

interest of their voter and even themselves.


(Cambodia: 1993) 19The National Assembly, LAW on Election of Members of the National

Assembly (LEMNA) and Amendments of Law on Election of Members of the

National Assembly, (Phnom Penh: last revised 2013)



VII. Recommendation

Firstly, the article 91 in the constitution has to be amended not allow the Prime

Minister or the government has the power and right to initiate organic law. The

constitution has to state clearly that the power of initiating organic law is the

absolute power of the Legislative Branch and allow the Prime Minister or the

government only the power and right to issue the executive order or directive to

implement the organic law which passed by the legislative power effectively and

efficiency. By doing so, legislative can limit the power of the Prime Minister and

the Constitution is really protected.

Secondly, the article 28 in the constitution has to be amended to allow the King

has veto right to not ratify any law to ensure that the King can exercise His

Majesty stipulated in the article 8. But the constitution has to write clearly that the

King has only two times of veto rights. And if the King still dismiss any law or

decree in the third time, Lawmaker can use article 116 (New) which stated that

“When necessary, the National Assembly and the Senate may hold a meeting

jointly as a Congress to solve major problem of the country” as the legislative

power to override the veto right of the King.

Thirdly, the article 140 in the constitution has to be amended to allow

Constitutional Council not just receive the draft bills from the King, the President

of the Senate, the President of the Assembly, the Prime Minister, 1/10 of the

Senate members, 1/10 of the Assembly members or the courts but also the power

and right to order these bodies to submit, especially the royal decree (kram), royal

order (Kret), sub-decree, circular, prakas, notice so on and so forth which issued

under the royal palace and the house of the government both national and sub-

national administrative level for examination on the constitutionality.

Fourthly, the article 141 in the 1993 Constitution has to be amended to allow the

Constitutional Council the power and right to not only examine the draft bills that

asked by the King, the President of the Senate, the President of the Assembly, the

Prime Minister, 1/10 of the Senate members, 1/10 of the Assembly members or

the courts but also the right and power to initiate the examination on any drafted

bills that the Constitutional Council believe it was drafted unconstitutionality.



Finally, the article 5 in the Law on Election of Members of the National Assembly

(LEMNA) and Amendments of Law on Election of Members of the National

Assembly has to be amended from the electoral system of the proportional

representation to the mixed electoral system – proportional and individual (stand

no party). This system will allow the National Assembly full of dynamic,

diversified, independent and potential representative and allow the

parliamentarian exercise the representativeness fully to protect the constitution,

public interest and the interest of the citizen

VIII. Conclusion

The Constitution is coined and designed to determine the relationship between the

government and the people. The people create the constitution to limit the power

of the government, not allow the State abuse its power on other two branches –

legislative and judiciary, not allow the State authorities violate the rights of the

citizen. The politician tries to interpret the constitution to create many organic

laws and orders aiming to protect the power of the government rather than

protecting the rights of its people.

To fulfill the duty and obligation, the Constitution has to have the power in itself

to oversee every aspects of the political life of a nation and its people. This power

is called supremacy. To have the supremacy, the constitution has to be amended

some article to allow the King has veto power in ratification, Constitutional

Council has power to order and initiate to examine the constitutionality, change

the electoral system to mixed – proportional and individual, and not allow the

Prime Minister or the government to have power to initiate the organic law.

IX. References

1. 1993 Const. art. 150, para. 1. 2.

2. Hor Peng, Kong Phallack, Introduction to Cambodian Law 29 (Jorg Menzel

eds., Konrad Adenauer Stiftung 2012) (2012).

3. Hor Peng, Kong Phallack, Introduction to Cambodian Law 30 (Jorg Menzel

eds., Konrad Adenauer Stiftung 2012) (2012).



4. 1966 International Covenant on Civil and Political Rights (ICCPR). art. 21,

para. 1.

5. 1993 Const. art. 31, 37, 41.

6. Royal Kram No. NS/RKM/1209/025, Law on Peaceful Assembly the National

Assembly art. 11, 12, 14., para. 2 (1), Dated October 21, 2009.

7. CCHR, Green, Yellow, Red – CCHR Law Classification Series: Law on

Peaceful Assembly, 2.1 (2011).

8. Draft Law on the Organization and Functioning of the Supreme Council of

Magistracy art. 4, 5, 7, 8, 15, 20, 23, 25, 26, Dated 19 Apr. 2014.

9. Draft Law on the Statute of Judges and Prosecutor art. 33, Dated 19 Apr. 2014.

10. Draft Law on the Organization of the Courts art. 11, 84, Dated 19 Apr. 2014.

11. The Commission (UN-ECOSOC), Resolution 1989/32: the principles set forth

in Dr. Singhvi's draft declaration in implementing the United Nations' Basic

Principles on the Independence of the Judiciary, (UN: 1985)

12. The Universal Declaration of Human Rights (UDHR) art. 10 (10 Dec. 1948).

13. 1966 ICCPR (International Covenant on Civil and Political Rights) art. 14,

para. 1.

14. 1993 Const. art. 51, para. 5., art. 132, 128, 130, 134.

15. ASA, Index: ASA 23/004/2014: Joint Statement of Civil Society on Judicial

Reform Bills, (Phnom Penh, 26 May 2014).

16. 1993 Const. art. 91.

17. 1993 Const. art. 28, para. 1.

18. 1993 Const. art. 140, para. 1., art. 140, para. 2.

19. LAW on Election of Members of the National Assembly (LEMNA)

and Amendments of Law on Election of Members of the National Assembly and

its Amendments art. 5, para. 2. Dated Last Revised. Jan. 2013.

the supremacy of the constitution 93

Documents

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