Vaunted as a crucial component of democratic development in the runup to last year's
elections, the Constitutional Council has ruled on only two laws since its formation
a year ago, according to its President, Chan Sok.
The Council - the nation's highest legal body - examined the new Senate's internal
regulations when it was formed in March of this year, and last month declared a draft
law mandating a female Minister of Women's and Veteran's Affairs unconstitutional.
Sok said the Council has no other pending business, as nothing has been forwarded
to it.
The 1993 Constitution states that "the Rules of Procedure of the National Assembly
and various organizational laws shall be forwarded to the Constitutional Council
before their promulgation".
Some legal experts have questioned whether any such laws passed since the Constitution
was written are technically in force until the Council examines them.
However, Sok said the Council would not examine laws passed before the Council's
inception without a request. "The Constitutional Council is not allowed to register
a complaint by itself," he said. "When there is a proposal to examine [law],
the Council examines it. Otherwise, it won't examine all the laws, because that would
be a lot of laws."
One case that would appear to have been pending for a long time is that of MP Sam
Rainsy. He was expelled from the National Assembly in 1995 and sent a letter to the
dean of the Council in May 1998, asking that his case be examined once the Council
was functioning.
"When I registered my complaint to the President of the National Assembly, Samdech
Chea Sim, at the time of my expulsion, he suggested that I should address my case
to the [then non-existent] Constitutional Council," Rainsy wrote.
"For almost three years, to follow that suggestion has been a logical impossibility.
Now that there is a chance that the issue of my expulsion could be addressed in accordance
with the Constitution, I ask you to introduce this case as soon as you feel it is
legally appropriate."
Asked about Rainsy's year-old complaint, Chan Sok said it did not exist, then was
reminded by an aide.
"The Sam Rainsy case is personal," he said. "If Sam Rainsy could find
one-tenth of the Assembly [to support him], he could file a complaint ... according
to the law Sam Rainsy cannot file the complaint personally."
The law on the Constitutional Council requires one-tenth of the Assembly's support
for election disputes but does not mention the procedure for contesting an expulsion.
The Council was criticized during its formation in June 1998. Allegations of illegality
in some appointments and political stacking in favor of the Cambodian People's Party
were leveled by opposition parties, legal experts, and former members of the Council
itself - several of whom quit over the alleged irregularities.
Critics claimed to be vindicated when, after the July 1998 election, the opposition
Funcinpec and Sam Rainsy parties attempted to register poll-related appeals with
the Council. The appeals were rejected as too late, despite the initial complaints
never being definitively ruled on by the National Election Commission.
