Sunday, October 13, 2013

HOW is the National Assembly Formed?

Theary C. Seng 
Theary Chan Seng

Theary Seng presenting on "The Right to Vote" at the Konrad Adenauer Stiftung conference (Independence Hotel Sihanoukville, 11 Oct. 2013)

Just finished the final draft of another COMMENTARY focusing on the Constitutional Council's July 2003 decision on Art. 76 which satisfy both the plain language/ordinary meaning as well as the spirit and intent of the law. 

I will argue in this legal Commentary that: 

1. The formation of the National Assembly is a process that must satisfy four conditions: (i) the election results produced at least 120 members; (ii) these 120 members convened the first session (iii) at the invitation of the King, and (iv) must take an oath before assuming official functions. 

2. The formation of the National Assembly and the formation of the Government are separate but sequential processes: first the National Assembly, then the Government.

3. The election period (Art. 82 «ពេល បោះឆ្នោត») has not ended as the voters and CNRP are demanding an independent joint commission to inquire into widespread election fraud. As such, it means that the "at least 120 members" cannot yet be determined.

4. As a consequence, the National Assembly has not been formed according to the plain language (ordinary reading) as well as the spirit of the law. It also follows that the Government has not been formed.

5. Hence, the current CPP-established “National Assembly” and the CPP-established “Government” are prima facie unconstitutional. 

- Theary, Sihanoukville, 12 Oct. 2013


Anonymous said...

I would like to Samdach Decho Hun Sen aka Dr. Hun Sen another 5 more years to improve Cambodian living condition in the past 3 decades and so forth. You Khmer do not jump to conclusion without recognition of his political chapter so he will combed all Khmer citizens out of Phnom Penh to make more modernize like the rest of the world. Even I made $10 a day paddling around the city for 365 days a year while beating extreme heat without resisting like others. I have no complain neither or I ended up in Prey Sar II somewhere far away land in the desert of Cambodia.

Ta Cyclo

Anonymous said...

Ah Ta Cyclo

Your Dr. Hun Sen and his gang cause a lot of deforestation and burying of lakes which cause the flood everywhere including PP.
How is your paddling cyclo business?
From now on you will have the same kind of flood every other year.

ប្រទេសខ្មែរបាត់បង់ដែនដី និង លិចលង់ក្នុងទឹក ក៍ព្រោះតែពួក ឣាក្បត់ជាតិ ហ៊ុនសែន និង បនវា។