1. Topic: Hierarchy of
Cambodian law
Subject: Introduction to Law

2. I. Constitution
II. International treaty and agreement
III. Law
IV. Regulation
1. The Constitution
2. Laws (Chbab):
3. Royal decrees (Prash Reach Kret):
4. Sub-decrees (Anu-Kret):
5. Proclamations (Prakas):
6. Circulars (Sarachor):
V. Conclusion
VI. ReferenceI.
Content

3. I. Constitution
 The Constitution is the supreme law of the Kingdom of Cambodia.
 The other definitions of the Constitution such as:
 Material:
 Form:
 “ The constitution of Kingdom of Cambodia is the Firm Constitution
because it is the Supreme Law depend on the art 151 new (1993)
the amendment is different from normal amend’’.
 Art 151, the initiative to review or to amend the Constitution shall
be the prerogative of the King, the Prime Minister and the President
of National Assembly with the suggestion of ¼ of all the National
Assembly members.

4. Conti….
 Assembly on 24 September 1993 was officially promulgated as of
March2008:
This is to be noted that the 1993 Constitution has been amended Five
times
 The first time: July 14,1994, concerning the delegation of power from King’s
signature to the Acting Head of State.
 The second time: March 8,1999, for the constitution of Senate.
 The third time: July 28,2001, for the creating and conferring national medals by
the king.
 The fourth time: June 19, 2005, for the amendment of quorum of the session and
the adopting vote of the National Assembly and the Senate.
 The last time: March 09, 2006, for the amendment of quorum of the session and
the adopting vote of the National Assembly and the Senate.

5. II. International treaty and agreement
 A treaty is an express agreement under international law
entered into by actors in international law.
 In international law
• Sovereign state and
• international organizations.
 all of these forms of agreements are, under international law,
equally considered treaties and the rules are the same.
 Agreements between countries are called agreements,
conventions, protocols, and treaties. Treaties may be bilateral
(between two countries) or multilateral (between more than
two countries).
 The ratification of international treaties is accomplished by filing
instruments of ratification as provided for in the treaty.

6. Conti….
 Art 31."The Kingdom of Cambodia shall recognize and respect human
rights as stipulated in the United Nations Charter, the Universal
Declaration of Human Rights,
• the covenants and conventions related to human rights, women’s
and children’s rights." Besides the UDHR
• International Covenants are the International Covenant on Economic,
Social and Cultural Rights (ICESCR, 1966),
• International Covenant on Civil and Political Rights (ICCPR, 1966),
• Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW, 1979)
• Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT, 1984), and
• Convention on the Rights of the Child (CRC, 1989).

7. Conti….
 Art 26. This constitution is the supreme law of the Kingdom of
Cambodia. Law and decisions made by state institutions must be in
strict conformity with the constitution.
 Art.55. Any treaty and agreement incompatible with the
independence, sovereignty, territorial integrity, neutrality and nation
unity of the kingdom of Cambodia, shall annulled.
 Art 150. This constitution is the supreme law of the Kingdom of
Cambodia. Law and decisions made by state institutions must be in
strict conformity with the constitution.

8. III. Law
A law is adopted by the National Assembly and the Senate,
and promulgated by the King or the acting Head of State. A law
must be in strict conformity with the Constitution. In Cambodian
context, there are two kinds of law which the first one is normal
law which is adopted by the National Assembly and the Senate
and then promulgated by the king and can be reviewed its
constitutionality after the law is enforceable; second one is
organic law which before promulgation from the King, it needs to
review its constitutionality.

9. legislation
• The National Assembly is an organ that has a legislative power and
performs its duties as provided for in the Constitution and laws in
force.
• The National Assembly shall approve the national budget, State
planning, lending , borrowing, financial contracts, and the
imposition, modification or abolition of taxes.
• The National Assembly shall approve administration accounts.
• The National Assembly shall adopt a law on general amnesty.

10. Conti…
• The National Assembly shall approve or repeal international
treaties and conventions.
• The National Assembly shall adopt a law on the proclamation of war.
• The adoptions and approvals referred to in the previous clauses shall
be agreed by an absolute majority vote of all Members of the
National Assembly.
• The National Assembly shall pass a vote of confidence in the Royal
Government by an absolute majority vote of all Members.

11. IV. Regulation
The legislative branch is divided into the National
Assembly and the Senate, with the authority to approve and
amend legislation initiated by them or by the government. The
executive branch consists of the prime minister, the Council of
Ministers (or the Royal Government) and the various line
ministries.

12. Conti……
The hierarchy of domestic Cambodia legal instruments contained in this
compilation is as follows:
1. The Constitution:
The Constitution is the supreme source of law in Cambodia
2. Laws (Chbab):
A law is adopted by the National Assembly and the Senate, and
promulgated by the King or the acting Head of State. A law must be in strict
conformity with the Constitution.
3. Royal decrees (Prash Reach Kret):
A Royal decree is issued by the King in the exercise of his constitutional
powers. A Royal decree must be in strict conformity with the Constitution.

13. Conti….
4. Sub-decrees (Anu-Kret):
A sub-decree is adopted by the Council of Ministers and signed by the
Prime Minister. A sub-decree must be in strict conformity with the
Constitution and conform to the Law to which it refers.
5. Proclamations (Prakas):
A proclamation is a ministerial or inter-ministerial decision signed by the
relevant Minister(s). A proclamation must conform to the Constitution and to
the law or sub-decree to which it refers.
6. Circulars (Sarachor):
A circular is an instrument that a Ministry or higher authority use to clarify
a point of law or to provide instructions. A circular is only advisory and does
not have the force of law.

14. V. conclusion
Within this hierarchy, general observations can be made on time
and scope. The higher the level of the instrument that is being enacted, the
greater the amount of time required due to the various levels of review it
must go through.
Another aspect that should be considered is the scope of the legal
document. Laws have broad scope and apply to all government entities and
geographic locations within the country, unless specifically limited within
their text.

15. VI. Reference
• Kingdom of Cambodia, Law on Environmental Protection and Natural
Resources Management (Phnom Penh: Kingdom of Cambodia)
• Kingdom of Cambodia, Constitution of the Kingdom of Cambodia, revised
1999 (Phnom Penh: Kingdom of Cambodia)
• Kingdom of Cambodia, Constitution of the Kingdom of Cambodia, revised
1999 (Phnom Penh: Kingdom of Cambodia)

16. Good LuckThank for Attention