By Sam Rainsy
Dear colleagues,
The publication today of the “interpretation” by the CPP-controlled Constitution Council concerning Article 76 of the Constitution, shows that the CPP does not fully understand the rationale behind our initiative:
1- Actually, we don’t aim at the dissolution of the National Assembly but we simply want to make its decisions invalid from the day the number of National Assembly members falls below 120.
2- This invalidity has nothing to do with the 7/10 quorum but it derives from the upstream constitutional requirement for the National Assembly to have at least 120 members.
3- While the Constitution DOES NOT limit the scope of the requirement, the CPP interpretation according to which this constitutional requirement to have “at least 120 members” applies ONLY at the beginning of the National Assembly -- and not throughout its term -- is definitely subject to caution and certainly leaves room for different interpretation.
4- Suppose a new car is required to have four wheels when it is produced at a factory. Is this requirement valid ONLY at the beginning? Certainly NOT. Suppose the car loses one wheel some time after its production. Such a car, with only three wheels, cannot be used normally as usual. It has become dangerous for its passengers, for other cars and for the public at large.
5-The conflicting interpretations by the CPP and the SRP will create at least some doubt about the legally and the validity of any decision made by a National Assembly with less than 120 members. More precisely, when it comes to the ratification by the National Assembly of loans from international institutions and foreign countries, even a little doubt is enough for serious and professional creditors to stop, reduce or delay any loans that appear more risky (see point F7 in my economic analysis below).
Sam Rainsy
Elected Member of Parliament
Former Finance Minister
Read more on : Why the Hun Sen regime relies more and more heavily on external borrowings.
Dear colleagues,
The publication today of the “interpretation” by the CPP-controlled Constitution Council concerning Article 76 of the Constitution, shows that the CPP does not fully understand the rationale behind our initiative:
1- Actually, we don’t aim at the dissolution of the National Assembly but we simply want to make its decisions invalid from the day the number of National Assembly members falls below 120.
2- This invalidity has nothing to do with the 7/10 quorum but it derives from the upstream constitutional requirement for the National Assembly to have at least 120 members.
3- While the Constitution DOES NOT limit the scope of the requirement, the CPP interpretation according to which this constitutional requirement to have “at least 120 members” applies ONLY at the beginning of the National Assembly -- and not throughout its term -- is definitely subject to caution and certainly leaves room for different interpretation.
4- Suppose a new car is required to have four wheels when it is produced at a factory. Is this requirement valid ONLY at the beginning? Certainly NOT. Suppose the car loses one wheel some time after its production. Such a car, with only three wheels, cannot be used normally as usual. It has become dangerous for its passengers, for other cars and for the public at large.
5-The conflicting interpretations by the CPP and the SRP will create at least some doubt about the legally and the validity of any decision made by a National Assembly with less than 120 members. More precisely, when it comes to the ratification by the National Assembly of loans from international institutions and foreign countries, even a little doubt is enough for serious and professional creditors to stop, reduce or delay any loans that appear more risky (see point F7 in my economic analysis below).
Sam Rainsy
Elected Member of Parliament
Former Finance Minister
Read more on : Why the Hun Sen regime relies more and more heavily on external borrowings.
1 comment:
Hun Sen, why don't you fall for SRP trick. SRP wanted to draw a fight from CPP so that they gain ligitimacy as the major opponent. Don't fall for it.
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