Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

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



  1. 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.


Constitutionalism in Burma, Cambodia and Thailand 233

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