Constitution of Bahrain
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Bahrain has had two constitutions in its modern history. The first one was promulgated in 1973, and the second one in 2002.
1973 Constitution
The constitution of 1973 was written shortly after Bahrain's independence from Britain in 1971. In 1972, the then ruler Shaikh Isa bin Salman Al Khalifa issued a decree providing for the election of a Constituent Assembly to draft and ratify a constitution. The electorate of the constituent assembly was native-born male citizens aged twenty years or older. The Constituent Assembly consisted of twenty-two elected delegates, plus the twelve members of the Council of Ministers and eight members directly appointed by Shaikh Isa.[1]
The draft constitution provided for a
The 1973 Bahraini general election was the only election held under the 1973 Constitution, before it was abrogated by Shaikh Isa in 1975. The country was governed under emergency laws from 1975 to 2002.[1]
2002 Constitution
After the death of the Amir Shaikh Isa bin Salman Al Khalifa in 1999, his throne was taken over by his son Shaikh Hamad bin Isa Al Khalifa. Seeking to bring an end to the 1990s uprising in Bahrain, he announced a new set of democratic reforms, including a promise to return to constitutional rule.
In 2001 Emir Hamad put forward the
Emir Hamad responded by holding a highly publicised meeting with the spiritual leaders of the Shia Islamist opposition. He signed a document clarifying that only the elected lower house of the parliament would have legislative power, while the appointed upper house would have a strictly advisory role. Upon this assurance, the main opposition groups accepted the Charter and called for a 'Yes' vote in the national referendum. The Charter was accepted in the 2001 referendum with 98.4% voting 'Yes' for it.
However, in 2002 Emir (now King) Hamad promulgated the 2002 Constitution, without any public consultation, in which both the elected and the royally-appointed chambers of parliament were given equal legislative powers, going back on his public promise of 2001. As a result, the
Executive branch
According to Article 32 (b) of the 2002 Constitution, "executive authority is vested in the King together with the Council of Ministers and Ministers". The Council of Ministers (Cabinet) is appointed directly by the King (Article 33d).
Bahrain has had only one
Office | Name | Party | Since |
---|---|---|---|
King | Hamad ibn Isa al-Khalifah
|
March 6, 1999 | |
Prime Minister | Khalifah ibn Sulman al-Khalifah
|
1971 |
Legislative branch
According to Article 32 (b) of the 2002 Constitution, "legislative authority is vested in the King and the National Assembly.
The National Assembly is
The speaker of the National Assembly is from the appointed Shura Council.
All legislation must be passed by a majority in both the Chamber of Deputies and the Shura Council, and must be ratified by the King.
Political societies and elections
Political parties are illegal in Bahrain, de facto political parties operate and are known as 'political societies'
Judicial branch
The Judiciary of Bahrain is divided into two branches: the Civil Law Courts and the Shari'a Law Courts. The Civil Law Courts deal with all commercial, civil, and criminal cases, as well disputes related to the
Judges of the middle and lower courts are nominated by the Ministry of Justice and appointed by decree by the prime minister. The Supreme Judicial Council, chaired by the King, appoints the members of the Constitutional Court.[3]
Many of the high-ranking judges in Bahrain are either members of the
Administrative divisions
Bahrain is divided into four governorates for administrative purposes:
- Capital Governorate
- Muharraq Governorate
- Northern Governorate
- Southern Governorate
Each governorate has an appointed governor and an elected municipal council.
See also
References
- ^ a b c Bahrain, Federal Research Division, 2004, Kessinger Publishing, pp 97 - 98
- Aljazeera.net, 5 March 2010
- ^ UNDP-Programme on Governance in the Arab Region. Archived from the originalon 2012-03-07. Retrieved 2011-10-02.
- ^ "Attacks on Justice 2002 - Bahrain" (PDF). International Commission of Jurists. 22 August 2003. Archived from the original (PDF) on 3 April 2012. Retrieved 26 May 2019.