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Rainsy's Reasoning Questioned
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Rainsy's Reasoning Questioned
The Phnom Penh Post | 10 Oct. 2013
Rainsy, whose party has boycotted the National Assembly citing unaddressed electoral complaints, referencesArticle 76 of the Cambodian Constitution, which states: “The National Assembly consists of at least 120 members”.
He also references a Constitutional Council decision from 2003 that clarified Article 76 and another article in response to arequest from lawmakers regarding the death, removal or incapacity of assembly members.
In the letter, Rainsy says the decision “specifies that the first meeting of the Assembly following any parliamentary elections must gather at least 120 members in order to be valid”.
He adds that only 68 ruling party lawmakers attended the inaugural session on September 23.
But lawyers yesterday expressed doubts that either the Constitution or the Constitutional Council’s 2003 decision could be interpreted in such a way.
He also references a Constitutional Council decision from 2003 that clarified Article 76 and another article in response to a
In the letter, Rainsy says the decision “specifies that the first meeting of the Assembly following any parliamentary elections must gather at least 120 members in order to be valid”.
He adds that only 68 ruling party lawmakers attended the inaugural session on September 23.
But lawyers yesterday expressed doubts that either the Constitution or the Constitutional Council’s 2003 decision could be interpreted in such a way.
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Theary: I am now drafting a response to The Phnom Penh Post to this gross misinterpretation by the "experts". (Oct. 10 Phnom Penh morning).
The Constitutional Council 2003's decision is UNAMBIGUOUS about the need for 120 members to form the National Assembly.
(Read the complete decision, only 4-pages long in English on its website. The translation is VERY ACCURATE.)
The Constitutional Council 2003's decision is UNAMBIGUOUS about the need for 120 members to form the National Assembly.
(Read the complete decision, only 4-pages long in English on its website. The translation is VERY ACCURATE.)
1. The paragraph 1 of the article 76 of the ConstitutionThe paragraph 1 of the article 76 of the Constitution stipulates: “The National Assembly is composed of at least 120 deputies”. This means that there shall be at least 120 deputies to be able to form the National Assembly at every legislature. Electoral law cannot limit the number of parliamentarians to less than 120. This paragraph 1 is a necessary condition for the formation of a National Assembly but not for its functioning.
(Complete decision of Constitutional Council in Khmer, July 2003, on its website)
The political impasse of 2003 for all relevant purposes was similar to the current political impasse. The issue put before the Constitutional Council was: Can NA open with only the CPP (and not then Funcinpec and SRP)? King Father Sihanouk at that time refused to convene the inaugural session because of this issue. It took a year and the assassination of Chea Vichea to break the impasse.
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