important until then. The 1999 amendments created a Senate to provide more
checks and balances.
55
The Cambodian constitution in the twenty-first century
The Cambodian constitution was amended several more times in 2001 , 2005 and
- These amendments were prompted by two ongoing constitutional issues: (a) the
frailty of King Sihanouk and his succession; and (b) the requirement that the Royal
Government receive two-thirds of the vote in the National Assembly.^56 Under the
1993 constitution, the kingship is elective and not hereditary in nature.^57 Article 8 of
the Constitution provides that the king ‘shall be the Head of State for life’. By 2001 ,
King Sihanouk was almost eighty years old and was in frail health. The politicians
were concerned about an impasse should the king become incapacitated or die.
Most of these contingencies had been addressed by the March 1999 amendments,
and in 2001 two minor amendments were made to empower the king to appoint the
prime minister and the Council of Ministers in accordance with Article 119 ,
58
and
establish and confer national decorations, civil and military ranks and positions.
59
Despite these amendments, Cambodian politicians were unprepared for King
Sihanouk’s sudden decision to abdicate as king in October 2004. Perhaps because
King Sihanouk had threatened abdication so many times before and never followed
through, Cambodians did not take his utterances too seriously. There was a sense of
disbelief when it was announced and only later did the politicians realise that he
had been very serious. The problem was that the Constitution made no provision
for the king’s abdication, especially since the king is supposed to be monarch for
life. Article 13 provides that a new king will be chosen by the Royal Council of the
Throne, the organisation and functioning of which was to be determined by law.
There were, however, no laws governing the Throne Council. The National
Assembly met hastily to pass relevant laws to regulate the Throne Council, and
the nine-member Council chose Prince Sihamoni as the new king of Cambodia.^60
The issue concerning the National Assembly and the Council of Ministers is
rather more complex. Under Article 82 , the National Assembly must vote to choose
a president, vice-presidents and members of each commission by a two-thirds
majority. The original version of Article 100 provided that the king, upon the
recommendation of the president of the National Assembly, shall designate a
dignitary among the Members of the National Assembly holding the largest number
(^55) Sorpong Peou, ‘Cambodia: after the Killing Fields’, p. 40.
(^56) Constitution of Cambodia, Art. 90.
(^57) Constitution of Cambodia, Art. 10 , provides that the ‘King shall have no power to appoint
his successor to reign.’
(^58) Constitution of Cambodia, Art. 19. (^59) Constitution of Cambodia, Art. 29.
(^60) See Melanie Beresford, ‘Cambodia in 2004 : an artificial democratization process’ ( 2005 )
45 ( 1 )Asian Survey 134 at 136.