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