Draft Constitution of Qatar
Qatar is an independent Arab
state. Islam is the State’s religion and the Islamic Shariah is
the main source of its legislations. It has a democratic political
system. It’s official language is Arabic. People of Qatar are
part of the Arab nation (ummah).
Doha is the capital of the State.
As per law, the capital status may be granted to another place.
The State practises its sovereignty on its territory and shall not
give up its sovereignty or any part of its territory.
The law stipulates the design of
flag of the State, its slogan, its merit sashes, ensignias and the
wording of the national anthem.
The law stipulates the financial
and banking system of the State and defines its official currency.
The State shall preserve its
independence, sovereignty, security, safety, stability and
integrity of its territory and shall defend it against any
The State shall respect
international pacts and execute all international agreements,
pacts and treaties to which it is a party.
The foreign policy of the State
shall be based on consolidating international peace and security
by encouraging the settlement of international disputes peacefully
and supporting the right of self-determination of people; and not
interfere in the internal affairs of countries; and cooperate with
The Rule of the State shall be
hereditary within the Al Thani family and by the male successors
of Hamad bin Khalifa bin Hamad bin Abdullah bin Jassim. The
inheritance of the Rule shall go to the son to be named by the
Emir as Heir Apparent. If there is no male offspring, the Rule
shall be transferred to the one from the family whom the Emir
names as Heir Apparent and, in this case, the Rule would then be
inherited by his male successors. A special law shall organise all
provisions related to the ruling of the State and its inheritance,
to be issued within one year of the date of this Constitution
coming into force, and should have a Constitutional validity.
The Emir shall appoint the Heir
Apparent with an Emiri Order after consulting the ruling family
and other notables in the country. The Heir Apparent shall be a
Muslim and from a Qatari Muslim mother.
The Heir Apparent, when appointed,
shall take the following oath before the Emir: ‘I swear by
Almighty Allah to respect the Islamic Shariah, the Constitution
and the law, and to protect the independence of the country, and
preserve the sanctity of its territory, and protect the people’s
freedom and interests, and shall be loyal to the Emir and the
The Heir Apparent shall directly
handle the Emir’s authority and power on his behalf during his
absence from the country, or if there is any temporary obstacle
preventing the Emir from doing his duties.
The Emir may assign some of his
powers and authority to the Heir Apparent with an Emiri Order. The
Heir Apparent shall chair those sessions of the Cabinet which he
With consideration to the two
previous Articles, if the Heir Apparent is unable to deputise for
the Emir, the Emir may appoint a deputy from the ruling family
with an Emiri order, to carry out some of his duties and
functions. If the one who is appointed by the Emir occupies a post
or has a job with any organisation, he should cease this
employment during the period of deputation on behalf of the Emir.
The Deputy Emir, immediately after being appointed by the Emir,
shall take before the Emir the same oath as taken by the Heir
A council, to be named the ‘Ruling
Family Council’ shall be established by an Emiri Decision, its
members shall be appointed by the Emir from within the ruling
The Ruling Family Council shall
decide on the vacancy of the Emir post in case of his death or a
disability preventing him from doing his duties. The Cabinet and
the Advisory Council shall announce after a joint in-camera
session the vacancy of the post, and the Heir Apparent shall be
declared as Emir of State of Qatar.
If the age of the Heir Apparent,
when declared the Emir of the State, is less than 18 years in
accordance with Gregorian calendar, a Council of Guardians, to be
selected from the ruling family, shall manage the ruling of the
country. The Council of Guardians should be formed with the
Chairman and members numbering not less than three and not more
than five. The chairman and the majority of members shall be from
the ruling family.
The financial remuneration of the
Emir, as well as the gifts and assistance shall be defined as per
a decision to be taken by the Emir annually.
2: The basic components of the society
The Qatari society shall be based
on justice, kindness, freedom, equality and morals.
The State shall preserve the
principles of the society and maintain security, stability and
equal opportunities to the citizens.
The State shall work on
consolidating the spirit of national unity, cooperation and
fraternity among all citizens.
The family shall be the foundation
of the society. Its pillars shall be religion, morals and love for
the nation. The law shall organise means of protecting the family,
supporting its principles, bolstering its ties, preserving ideals
of matrimony, childhood and the elderly.
The State shall extend care to the
young generation and protect them from influences of corruption,
from exploitation, from physical, mental and spiritual negligence,
and provide adequate circumstances for developing its creativity
in different fields with improved education.
The State shall care for the
public health and provide means of prevention from diseases and
epidemics, and medical treatment according to the law.
The State shall promote science,
arts, national cultural heritage, and preserve them, and encourage
Education shall be a significant
foundation for the progress of the society. The State shall
Private ownership of property,
capital and business are fundamental to the social ethos of the
State. They are personal rights having a social function and shall
be organised by the law.
Private ownership of property
shall be protected. No one shall be deprived from such ownership,
unless because of public interest in circumstances stipulated by
the law, in a way that the law stipulates, provided it is with a
The State shall assure the freedom
of economic activity on the basis of social justice and balanced
cooperation between the public and private sectors to achieve
social and economic development, and to increase production,
achieve welfare of the people, and improve their standard of
living, and provide work opportunity to them according to the
provisions of the law.
Natural wealth and resources are
the property of the State. It shall preserve these and maintain an
optimal utilisation from them in accordance with the provisions of
The relationship between employees
and employers shall be based on social justice and shall be
organised by the law.
The State shall promote investment
and shall work on providing all necessary facilities and
guarantees for it.
The law shall organise the State
The State shall work to protect
the environment and ecological balance so as to achieve
sustainable development for the generations to come.
3: The General Rights and Duties
All citizens are equal in general
rights and duties.
All people are equal before the
law. There shall be no discrimination on account of sex, origin,
language, or religion.
Personal freedom is assured. No
one shall be arrested or jailed or checked or confined or have his
or her movements restricted, unless according to the provisions of
the law. No one shall be subjected to torture or humiliating
treatment. Torture is considered a crime and shall be punished by
Privacy of individuals shall be
respected. No one shall be subjected to interference in his or her
privacy or family affairs or residence or correspondence or any
interference affecting his or her honour or reputation, unless
according to the provisions of the law and in a way to be
stipulated by it.
No citizen shall be deported from
the country or forbidden from returning to it.
The accused shall be deemed
innocent unless proved guilty by the judicial process in a court,
and shall be provided all necessary legal assistance to practise
the right of defence.
No crime and no punishment unless
stipulated by the law. No punishment except on the consequences of
an act after it is committed. Punishment is personal. The
provisions of the laws shall not be valid unless after the date of
their coming into effect. No consequences of the law on acts
committed before their coming into force. However, it is
permissible to be stated otherwise in non-criminal articles and by
a two-thirds majority of the Advisory Council.
Provisions for Qatari citizenship
shall be stipulated by the law. These provisions shall have
The State shall assure the right
of election and nomination for all citizens according to the law.
Taxation shall be based on
principles of social justice. Taxes shall not be levied unless
stipulated by the law.
The right of assembly is assured
to the citizens as per the provisions of the law.
The freedom to establish societies
is assured according to the conditions and circumstances to be
laid down by the law.
Any individual has the right to
address the general authorities.
The freedom of expression and
scientific research is assured according to the conditions and
circumstances to be stipulated by the law.
Press freedom, printing and
publishing is assured in accordance with the law.
Education is the right of every
citizen. The State shall extend efforts to achieve free and
compulsory general education according to the applicable laws and
rules in the State.
The freedom to worship is assured
to all, in accordance with the law and the requirements of
protecting the public system and public behaviour.
The right of inheritance is secure
and governed by the Islamic Shariah.
Any person residing legally in the
State shall enjoy protection for his person and his money and
possessions, according to the provision of the law.
Defending the country is the duty
of all citizens.
Holding public posts is a national
service. The public employee shall uphold the public interests
alone while doing his duty.
Public funds are sacred. Their
protection is the duty of all, according to the law.
Confiscation of an individual’s
funds is strictly forbidden. There shall not be a punishment of
confiscation of personal money unless backed by a judicial verdict
and in circumstances stipulated by law.
Respect for the Constitution,
abiding by the laws issued by the public authorities, abiding by
public order and public behaviour, following the national
traditions and norms is the duty of all residing in the State of
Handing over political
asylum-seekers is strictly forbidden. The law shall stipulate the
conditions of granting political asylum.
4: Organisation of Authorities
Part I - General Provisions:
People are the source of authority
and shall practice it according to the provisions of this
The system of governance shall be
based on the separation of authority with cooperation in
accordance with the way stipulated by this Constitution.
The legislative authority shall be
handled by the Advisory Council as stipulated in this
The executive authority shall be
handled by the Emir to be assisted by the Cabinet as stipulated in
The judicial authority shall be
handled by the courts of law as stipulated in this Constitution.
All verdicts shall be issued under the name of the Emir.
Part II - The Emir
The Emir is the Head of the State.
His person is secure and should be respected.
The Emir is the Supreme Commander
of the Armed Forces, has the right to supervise them, to be
assisted by the Defence Council under his direct supervision. The
formation of the Defence Council and the definition of its
authority shall be as per an Emiri Decision.
The Emir shall represent the State
within the country and in all international relations.
The Emir shall have the following
1. Formulating the general
policy of the State with the assistance of the Cabinet
2. Endorsing and issuing laws.
No law shall be issued unless endorsed by the Emir.
3. Convening meetings of the
Council of Ministers, whenever public interest so requires. He
shall chair all sessions he attends.
4. Appointing civil and military
personnel and terminating their services according to the law.
5. Accepting the credentials of
diplomatic and consular missions
6. Pardoning convicts or
reducing punishments in accordance with the law
7. Bestowing civil and military
honours in accordance with the law
8. Establishing and organising
ministries and other government agencies and defining their
9. Establishing and organising
agencies to give him opinions and consultation to guide the
policies of the State, to supervise these agencies and to define
10. Any other powers in
accordance with this Constitution and the law.
The Emir shall sign conventions
and agreements by issuing a Decree and putting them before the
Advisory Council along with relevant descriptions. The conventions
or the agreements shall have the power of law after being endorsed
and published in the official gazette. While the treaties and
other such pacts related to the territories of the State or the
rights of sovereignty or general or special rights of the citizens
or those that include amendments of the law, shall not be valid
unless being issued by a law. In any case, treaties shall not
include secret conditions contrary to those made public.
The Emir may announce through a
Decree a national emergency in the State under exceptional
circumstances stipulated by the law. He has the right to take all
the necessary urgent measures to confront any danger threatening
the safety of the State or its territorial integrity or security
and interests of its people or impeding the institutions of the
State from performing their duties. The Decree shall include the
nature of such exceptional circumstances for which the state of
emergency has been declared and describe the measures being taken
to confront the emergency. The Advisory Council shall be notified
within 15 days following the issuance of the Decree. In case of
the absence of the council for any reason, it should be notified
about the Decree in its first meeting. The declaration of the
emergency provisions shall have a limited period of validity and
shall not be extendable unless approved by the Advisory Council.
The Emir has the right in the
exceptional circumstances that require urgent measures and
issuance of laws and if the Advisory Council is not in session, to
issue relevant Decrees having the power of law. These Decree-Laws
shall be put before the Advisory Council in its first meeting. The
council has the right, within 40 days and by two-thirds majority,
to reject any of these or ask for amendments for a specific period
of time. The effect of these Decree-Laws shall be cancelled from
the date of the council’s rejection or after the expiry of the
period specified for their amendment.
A war of defence shall be declared
as per an Emiri Order. Offence is prohibited.
The Emir shall appoint the Prime
Minister and accept his resignation and relieve him from his post
with an Emiri Order. The acceptance of the resignation or the
dismissal of the Prime Minister will amount to dissolution of the
entire Council of Ministers. In case of acceptance of the
resignation or dismissal from the post the ministries shall
continue to perform urgent functions until fresh appointments are
The Emir shall appoint ministers
according to an Emiri Order, as per nominations made by the Prime
Minister, and accept their resignation or dismiss them with the
same tool. In case of acceptance of the resignation of the
minister, the Emir may ask him to perform urgent functions until
the appointment of his successor.
The Emir, before practising his
power in a special session for the Advisory Council, shall take
the following oath: ‘I swear by the Almighty Allah to respect
the Islamic Shariah, the Constitution, and the Law, and to protect
the independence of the State and maintain its territorial
security and to protect its people’s freedom and interests.’
The Emir may ask for a citizen’s
referendum on crucial issues related to national interests. The
referendum issue shall be accepted if approved the majority of
voters. The result of the referendum shall be valid and binding
from the date of its announcement and shall be published in the
Part III: The Legislative
The Advisory Council shall handle
the legislative authority, approve the general State budget and
monitor the executive authority, in a manner stipulated by this
The Advisory Council shall consist
of 45 members. Thirty of them shall be elected directly by secret
ballot, while the remaining 15 shall be appointed by the Emir from
among ministers or others. The membership of the appointed members
shall be terminated with their resignation or dismissal.
The election system should be laid
out by a law, defining the terms and conditions of nomination and
The electoral districts, that the
State will be divided into, shall be defined by an Emiri Decree.
The conditions for eligibility to
the Advisory Council membership are:
1. Should be of Qatari origin.
2. Age on the closing date of
nomination should not be less than 30 years according to
3. Should be fluent in reading
and writing Arabic language.
4. Should not have been
convicted of a crime related to dishonesty or violating honour,
unless otherwise rehabilitated later, in accordance with the
5. Should satisfy all conditions
stipulated in the election laws.
The Advisory Council shall have a
four-year tenure from the date of its first meeting. The election
of the new council shall be conducted ninety days before the end
of the tenure of the previous one. Members may be re-elected. If
the elections cannot be held or are delayed, for any reason, at
the end of the previous council’s tenure it will continue to be
in office until the election. The term shall not be extended
unless when necessary and shall be done by a Decree.
The law shall define the concerned
judicial authority for deciding the legality of the election of
the members of the Advisory Council.
If a post of an elected member
falls vacant at least six months before the end of its term, for
any reason, a successor should be elected from the date of the
vacancy being created. If a post of an appointed member falls
vacant, a replacement shall be appointed. In both cases, the new
member shall complete the term of his predecessor.
The Advisory Council will work for
at least eight months in a year. The sessions shall not be
adjourned before the approval of the State Budget.
The Advisory Council shall hold
its annual ordinary session according to an invitation from the
Emir, during the month of October every year.
With the exception of the previous
two Articles, the Emir may call the Advisory Council to the first
meeting following the election within one month of the election.
In case of a delay in holding this session, the period of the
delay in this annual session, as stipulated in the previous
Article, shall be suitably deducted.
The Emir or his deputy shall open
the annual session of the council and shall deliver a
comprehensive speech tackling all the issues faced by a country.
The Emir shall call the Advisory
Council to an extraordinary meeting, if necessary, or as per a
request of the majority of the council. In the extraordinary
session, the council has no right to discuss matters except those
for which the session was called.
Invitation for the Advisory
Council meeting in its ordinary or extraordinary sessions and its
adjournment shall be as per a Decree.
The Emir has the right to put off
an Advisory Council meeting by a Decree for a period not exceeding
one month. This postponement shall not be repeated in one session
unless with the approval of the council. The period of
postponement shall not be calculated as part of the period of the
The council shall hold its
meetings at its location in Doha. The Emir has the right to call
the meeting at any other place.
Members of the Advisory Council
shall take the following oath before assuming their duties in an
open session: ‘I swear by Almight Allah to be loyal to the
country and the Emir; to respect the Islamic Shariah, the
Constitution and the Law; to uphold the people’s interests and
to perform my task honestly and faithfully.’
The council in its first meeting
shall elect a chairman and a deputy chairman from amongst its
members for the entire term. If any one of these posts falls
vacant, the council shall elect a replacement until the end of its
term. Elections shall be conducted through secret ballot. If a
majority in favour of a candidate is not achieved, there would be
repolling for the members whose tallies are tied. If the tie
cannot be broken by polling, a winner shall be decided by drawing
lots. The session shall be chaired by the oldest member, until the
chairman is elected.
The council shall form the
required committees of members within two weeks of its first
annual session. These committees may work when the council is not
in session and present the result of their activities at the
The council shall have a board
consisting of the chairman, his deputy, heads of committees and
the general secretariat assisting the council in performing its
Maintaing order in the council is
the duty of the chairman.
The council shall establish its
internal regulations and systems for its functioning, for the
functioning of committees, organising sessions, rules of
discussions, voting, and other powers and duties as stipulated by
this Constitution. The regulation should define penalties to be
given to members violating them or being absent from the council’s
or committees’ meetings without any justifiable reason. These
regulations should be issued through a law.
Sessions of the Advisory Council
shall be public. They may be held in-camera as per a request of a
third of its members or by a request from the Cabinet.
For a session to be valid, it
should be attended by a majority of the members, including the
chairman or the deputy chairman. The session shall be postponed to
the next date in the lack of a quorum.
Decisions of the council should be
issued by a vast majority of the members in attendance, in cases
not requiring a special majority. In case of a tie, the chairman
shall have a casting vote.
Membership of the council shall
expire for any one of the following reasons:
1. Death or disability
2. Expiry of the term
5. Dissolution of the council
Resignation from the membership of
the council shall be in writing to the chairman. The chairman
shall put the resignation before the council for a decision. The
internal regulation shall organise the related provisions.
Membership of any of the council
member shall not be revoked unless he is untrustworthy or any one
of the eligibility conditions is violated, or is case of
negligence of duties as a member. A decision on dropping a member
shall be taken by a two-thirds majority of the council.
The Emir has the right to dissolve
the Advisory Council with a Decree, explaining the reasons for the
dissolution. It is not permissible for the council to be dissolved
for the same reason twice. If the council is dissolved, election
for a new body shall be conducted not later than six months from
the date of the dissolution. Until the new council takes over, the
Emir shall handle the legislative powers with the assistance of
1. Every member of
the Advisory Council has the right of proposing laws. Every
proposal shall be referred to the concerned committee in the
council for further study and placing it before the council. If
the council accepts the proposal, it shall be referred to the
government after putting in the form of a draft law along with
the council’s opinions. After consideration by the government
it shall be returned to the council in the same or the next
2. A proposed law
rejected by the council shall not be submitted again in the same
1. Every draft of law approved
by the Advisory Council shall be submitted to the Emir for
2. If the Emir does not approve
the draft, he shall return it to the council within three months
from the date of submission, along with reasons for such an
3. If the draft of law is
returned to the council within the stipulated period and the
council approves it once again with a two-thirds majority, the
Emir shall approve it and issue the law. The Emir has the right,
when absolutely necessary, to issue orders to stop the
implementation of such a law for a period for which he believes
it may achieve the greater interests of the country. However, if
the draft does not get a two-third vote of the council, it shall
not be reviewed during the same session.
The general State Budget proposals
should be referred to the Advisory Council at least two months
before the beginning of the fiscal year. The budget shall not be
valid unless approved by the council. The council has the right to
amend the State Budget proposals after the approval of the
government. If the new budget is not approved before the beginning
of the fiscal year, the previous budget provisions shall continue
until the approval of the new one. The law shall stipulate the
manner in which the budget is prepared as well as the fiscal year.
The Advisory Council has the right
of expressing opinions to the government in general matters, and
if the government is not able to accept these opinions it should
explain the reasons to the council. The council has the right to
respond once to this explanation.
Every member of the council has
the right to seek explanations from the Prime Minister or any of
the ministers in matters related to their areas of jurisdiction.
Only the member seeking explanation has the right to comment once
on the explanation.
Every member of the council has
the right to question ministers in matters related to their areas
of jurisdiction. Such a question has to be first approved by a
third of the council. Discussions on the question shall not be
conducted within ten days of putting it, unless in case of an
emergency, provided that the concerned minister approves
curtailing of this period.
Every minister is responsible
before the council for the functioning of his ministry. A motion
of no-confidence against a minister shall not be moved until after
a discussion on the enquiry addressed to him. A non-confidence
motion cannot be brought without the minister’s approval, unless
an application is signed by 15 members. The council has no right
to issue a decision in this matter before at least ten days from
the date of submitting the application or expressing the idea. A
no-confidence move against a minister shall have to be approved by
two-thirds of the members the council consists of. The minister
shall be relieved of his charge from the date of the decision on
the no-confidence motion.
A member of the council shall not
be excused for the opnions or views expressed before the council
or its committees on issues within the juridiction of the council.
1. No member of the Advisory
Council shall be arrested, jailed, frisked or questioned unless
caught red-handed in an illegal action or without the permission
of the council. If the council does not issue a decision on an
application within one month from the date of receiving such
application, it shall be considered as granting of permission. The
permission shall be issued by the chairman of the council in times
when the council is not in session.
2. In case of apprehension, the
council should be informed about the action taken against the
concerned member. In times when the council is not in session, it
should be notified in the its first session.
It is not allowed for a member of
the council to have membership of the council while simultaneously
handling public post, except in cases where it is accepted by the
Members of the council shall work
for the interests of the country and shall not use this membership
in any way for their own interests or interests of those with whom
they have special relations. The law shall define acts that the
members shall not indulge in.
The chairman of the council, his
deputy and members shall be awarded renumeration to be defined by
the law, and to be valid from the date of their taking the oath
before the council.
Part IV: Executive Authority
No one shall be appointed as
minister unless being of Qatari origin.
The formation of the Cabinet shall
be in accordance with an Emiri Order, as per a proposal from the
Prime Minister. The Emir has the right to assign the Prime
Minister or any of the minister with one or more portfolios. The
law shall define the authority of the ministers.
The Prime Minister and ministers
shall take the following oath before the Emir: ‘I swear by
Almighty Allah to be loyal to the country and the Emir; to respect
the Islamic Shriah, the Constitution, and the Law, and to uphold
the people’s interest, and to perform my duties honestly and
faithfully, and to fully preseve the country’s territorial
The Cabinet shall assist the Emir
in performing his duties and practising his authority, according
to this Constitution and the provisions of the law.
The Cabinet shall be assigned, in
its capacity as supreme executive authority, the managing all
internal and external affairs which come within its authority
according to the Constitution and the provisions of the law. The
Cabinet shall particularly have the following powers:
1. Proposing drafts of laws and
decrees. Draft of laws should be referred to the Advisory
Council for consideration, and in case of approval, should be
submitted to the Emir for endorsement and issuance, according to
the provisions of this Constitution.
2. Approving drafts and
decisions prepared by ministries and other government agencies,
each within its competence, for the implementation of laws and
in compliance with its provisions.
3. Supervising implementation of
laws, decrees, regulations and decisions.
4. Proposing the establishment
and organisation of government departments, agencies, and public
institutions, in compliance with the law.
5. Monitoring the financial and
administrative processes of the government.
6. Appointing and terminating
employees in cases where such action is not within the authority
of the Emir or individual ministers, according to the law.
7. Setting the general rules
that ensure the stability of the internal security and
maintaining order in the country at large, according to the law.
8. Managing the State finances,
preparing the general budget proposals, according to the
provisions of this Constitution and the law.
9. Approving economic projects
and the means of their implementation.
10. Supervising means of
promoting the interests of the State abroad and means of
promoting international relations and external affairs.
11. Preparing a report in the
beginning of every fiscal year, to include a detailed
presentation on the significant achievements within and outside
the country, along with a plan outlining the best means to
achieve comprehensive development of the state. Providing means
of development, progress and welfare. Consolidating the country’s
security and stability according to the core principles guiding
the State policy stipulated in this Constutition. This report
shall be submitted to the Emir for approval.
12. Any other functions assigned
to it by this Constitution or the law.
The ministers shall execute the
general policy of the government, within their authority. The Emir
has the right to ask the Prime Minister or the ministers to submit
reports concerning any of the affairs within their authority.
The Prime Minister and the
ministers are collectively responsible before the Emir for the
implemnetation of the general policy of the government. Every one
of them shall hold individual responsibility before the Emir
concerning his duties and practising his authority.
The law shall determine the
remuneration of the Prime Minister and the ministers. The Prime
Minister shall be subject to all provisions applying to ministers,
unless there is a provision that states otherwise.
The Prime Minister shall handle
the Cabinet’s sessions and guide and supervise the discussions
and the coordination between different ministries to achieve the
unity of the government agencies and the integration of its
activities. He has the right to sign on behalf of the Cabinet and
in the name of the Cabinet, all decisions issued by the Cabinet.
He shall submit to the Emir all decisions taken by the Cabinet
relating to affairs that an Emiri Decision defines for endorsement
and issuance, according to the provisions of this Constitutions.
Meetings of the Cabinet shall be
considered legal if the majority of its members attend along with
the Prime Minister or his deputy. The deliberations of the Cabinet
shall be confidential. Its decisions shall be taken only when
approved by a majority of the members. In case of a tie, the Prime
Minister has a casting vote. The minority shall accept and be
committed to the decision of the majority.
The Cabinet shall prepare its
internal regulation for organising its functioning. It shall have
a secretariat general to assist it in performing its tasks.
The ministers, when handling their
posts, shall uphold the interets of the country. They shall not
use or exploit there official posts in any way for their own
interests or for the interests of those with whom they have
special relations. The law shall define acts prohibited for the
ministers and acts that may attract questioning, and also define
the manner of this questioning.
Part V: Judicial Authority
The prevalence of the law is the
basis of the rule in the State. The honesty of judiciary and the
neutrality of judges and their justice is a guarantee of rights
The judicial authority is
independent and shall be handled by courts of law in its different
types and degrees. It shall issue its verdicts according to the
Judges are independent. There is
no power over them in their judgements except the law. No agency
has the right to interfere in the process of justice.
The law shall categorise the
courts of law in different types and degrees and define their
authorities and jurisdictions. The authority of court martialling
is restricted in cases of non-emergency professions, on the
military crimes committed by personnel of the armed forces and
security forces, and within the limits stipulated by the law.
Sessions of the courts of justice
shall be public, unless the court decides to hold them in-camera.
In all cases, the pronouncement of the verdict shall be in a
Judges are beyond dismissal,
except in cases to be defined by the law. The law shall define the
special provisions related to them and organise their disciplinary
Litigation is a right secured and
preserved for the people. The law shall define procedures and
situations of practising this right.
The Attorney General shall handle
the general public cases in the name of the society; supervise the
affairs of judicial control; be dedicated to the implementation of
the criminal law. The law shall set this agency and define its
authority and conditions and special guarantees for those
appointed in its posts.
The judiciary shall have a Supreme
Council supervising the proper way of the functioning of courts
and supporting agencies. The law shall define the formation of
this council, its jurisdiction and authority.
The law shall define the concerned
agency entitled to settle administrative disputes and its system
and its functions.
The law shall define the manner of
settling disputes on the specialisation between the judicial
bodies and in disputes between provisions.
The law shall define the judicial
agency that is authorised to settle disputes related to
constitutional validity of laws and regulations; define its
authority, and means of appeal and regulations that should be
followed before this agency. The law shall also define the effect
of a sentence declaring an act as unconstitutional.
5: The Final Provisions
The Emir is issuing this
Constitution and it shall come into force from the day following
the date of publication in the official gazette
Laws shall be published after
being approved and issued in the official gazette within two weeks
from the date of issuance. They shall come into force after one
month from the date of publication, unless another date is
stipulated in the same law.
It shall be legal and valid, all
that has been stipulated by laws and regulations, issued before
this Constitution came into force, unless being amended according
to its provisions. The implementation of this Constitution shall
not result in the violation of the provisions of conventions and
international agreements to which the State is a party.
The Emir and a third of the
members of the Advisory Council have the right to ask for
amendments to one or more Articles in this Constitution. If the
majority of the Advisory Council members initially approve the
amendment, the Council shall discuss the Constitution Article by
Article. For the approval of the amendment, two-third of the
members of the Advisory Council shall accept it. The amendment
shall not be valid without the approval of the Emir, and it shall
be published in the official gazette. If the proposal of amendment
is initially rejected or the issue of the amendment is rejected,
it shall not be discussed again for at least one year since the
date of this rejection.
Provisions concerning the Rule of
State and inheritance shall not be discussed for amendment.
Provisions concerning rights and
public freedom shall not be discussed for amendment unless in
cases where the purpose is to grant more rights and guarantees in
the interests of the citizens.
The authority of the Emir
stipulated in this Constitution shall not be discussed for
amendment during the period when someone else is deputising for
It is not allowed to ask for
amendments to any of the Articles in this Constitution before the
completion of 10 years from the date of its coming into force.
No provision of this Constitution
shall be revoked unless during the period of the validity of the
emergency provisions and in cases to be stipulated by the law. It
is also not permissible during such period to suspend sessions of
the Advisory Council or to revoke the immunity granted to its
The Amended Temporary Basic Law
applicable in the State, issued on April 19, 1972, shall be
considered repealed and the special provisions concerning the
current Advisory Council shall be considered valid until the
election of a new Advisory Council.