The Governing System of the Kingdom of Bahrain His Majesty, the King Shaikh Hamad Bin Isa Al Khalifa H.H. the Prime Minster Shaikh Khalifa Bin Salman Al Khalifa H.H. the Crown Prince & Deputy Commander in Chief Shaikh Salman Bin Hamad Al Khalifa 1 The Governing System of the Kingdom of Bahrain The Governing System of Bahrain is a HEREDITARY CONSTITUTIONAL MONARCHY based on the separation of all authorities but with full cooperation among them 2 The Governing System of the Kingdom of Bahrain H.M The King The Legislative Authority Two Chambers The Executive Authority Ministries The Judicial Authority The Crown Prince Deputy Commander in Chief Courts The Court of Cassation Shura Council Ministry of Justice Representatives Council Ministry of Islamic Affairs The Court of Appeal Ministry of Foreign Affairs The High Court Ministry of Labour The Lower Courts Ministry of State Administrative Court Ministry of Health Civil Court Ministry of Information etc Criminal Court The Shari’a Courts The Constitutional Court 3 His Majesty the King, Shaikh Hamad bin Isa Al Khalifa H.M. The King is the head of the Kingdom and Commander In - Chief, responsible for all policies both internal and external. He is in charge of all three authorities : 1) Executive Authority : government ministries, organizations, councils, establishments, etc 2) Judicial Authority : all courts 3) Legislative Authority : the National Assembly comprising of the two chambers : the Shura Council (appointed by H.M. the King) and the Representatives Council (elected directly by the people) 4 His Majesty the King, Shaikh Hamad bin Isa Al Khalifa H.M the King may revise the constitution, propose laws, decrees, and has the authority to approve laws proposed by the Legislative Authority. H.M appoints Ministers and Ambassadors. H.M. issues orders for Municipality and Parliamentary elections, and appoints members to the Shura Council. 5 H.H. The Prime Minister , Shaikh Khalifa Bin Salman Al Khalifa The Prime Minister is the head of the Government Cabinet which is the Executive Authority. H.H is appointed by H.M. the King. H.H. the Prime Minister appoints High officials , and coordinates with the leadership in planning and implementing national strategies . 6 H.H. The Crown Prince & Deputy Commander in-Chief , Sheikh Salman Bin Hamad Al Khalifa H.H. Shaikh Salman Bin Hamad Al Khalifa was sworn - in as Crown Prince of the Kingdom of Bahrain on March 9th, 1999 and assumed the post of Commander-in-Chief of the Bahrain Defence Force on March 22nd, 1999. H.H. the Crown Prince is currently the Head of the Economic Development Board (EDB), and he is the force behind the modern economic development of the Kingdom. His Economic Vision is currently being implemented into strategies and plans. 7 The Constitution Bahrain has had two constitutions in its modern history. The first one was approved in 1973, followed by the first elected parliament . But due to political differences the Parliament was dissolved. 8 The Constitution Following the accession of H.M. the King in 1999 the National Charter Action was compiled and written in 2001 by a committee of selected nationals (both men and women) from various backgrounds and representing all specialties. The National Charter Action stipulated the main points of how a new democratic society should be based on, the form of rule it should have , the rights of its people and their responsibilities, etc. 9 The Constitution In a National Referendum 98.4% of the people of Bahrain voted in favour of the National Charter Action, which became the main source of rule in the Kingdom and resulted in the amended Constitution. 10 The Constitution The Constitution of the Kingdom consist of 6 main chapters ; the State , the Basic principles of the society , Public Rights & Duties, Constitutional Authorities , Financial Affairs & General Provisions. 11 The Constitution The main amendments in the Constitution are : 1. The setting up of the National Assembly : made up of 2 chambers of equal numbers (40 in each) : a. The Shura Council (the Upper House) appointed by H.M. the King. The Council of Representatives (the Lower House) elected directly by the people. b. 2. Citizens , both men and women are entitled to participate in public affairs and may enjoy political rights including the right to vote and to stand for elections . 12 Introduction The aim of this presentation is to give a brief over view of the process of how both the Shura and the Representatives ‘Councils operate within their legislative and supervisory powers as stipulated in the National Constitution. 13 The Organizational Structure of the Two Councils The Shura Council members (40) are appointed by H.M. The Representatives’ Council members are elected directly by the people every four years. Each Council has a Chairman and two Deputies. H.M. The King appoints the Shura Council Chairman for the full term. Members of the Shura Council elect their two deputies annually. 14 The Organizational Structure of the Two Councils Members of the Representatives ‘ Council elect their Chairman and the two Deputies for the full four years. The Remaining 37 Members in each council choose to serve on one of the following STANDING COMMITTEES : 15 The Standing Committees The Economical & Financial Affairs Committee (8 Members) The Legislative & Legal Statutory Affairs Committee ( 8 Members) The Foreign Affairs, Defense & National Security Committee (7 Members) The General Services Committee (7 Members) The Public Utilities & Environment Committee (7 Members) The Woman & Child Affairs Committee (Shura Council Only) (7 Members) 16 Functions Of The Councils The main function of the Shura and Representatives Councils is LEGISLATION – which is the process of making LAWS – which are the rules that decide what CAN and CANNOT be done in the country. 17 Legislation They start as PROPOSED LAWS presented by the Government on a specific issue. These PROPOSED LAWS are passed on FIRST to the REPRESENTATIVES COUNCIL which in turn passes them on to the specialized COMMITTEE for careful study with the concerned officials and legal staff. 18 Legislation The Committee presents its recommendations and amendments on the Proposed Law, together with their justifications, to the council. Members of the Council discuss in detail each article in the Proposed Law and vote on accepting or rejecting it. 19 Legislation If all articles in the Proposed Law are accepted , it is passed over to the Shura Council and goes through the same process. If the Shura Council accepts all amendments made to the Proposed Law and with no additions, it goes to the Government to become a LAW. 20 Legislation If the Shura Council disagrees with any amendment made by the Representatives’ Council , or have additional amendments , the Proposed Law is sent back to the Representatives’ Council for a second review and voting. If those amendments or additions are not accepted , it goes back to the Shura Council who can either accept the amendments made by the Representatives’ Council or insist on its own. 21 National Assembly In the case of an impasse the National Assembly is convened on the disputed items. The National Assembly is chaired by the Chairman of the Shura Council , and in his absence by the Chairman of the Representatives ‘ Council. 22 Suggestions for Proposed Laws SUGGESTIONS FOR PROPOSED LAWS can also be presented by members of either councils. Those are forwarded to the specialized Committee for review and discussion with the concerned officials and legal staff. The committee will submit to the council its recommendations and justifications to accept the SUGGESTED PROPOSAL , reject it or defer it. 23 Suggestions for Proposed Laws If the Council accepts it, then it is forward to the Government to be put in the form of a PROPOSED LAW, which will then go through the same cycle. 24 The Supervisory Role of The Councils The Shura Council ‘s supervisory role is limited to members submitting questions to Cabinet Ministers on any issue related to their Ministry. The Representatives’ Council has a bigger role in this area : 1) Members can submit written questions to Cabinet Ministers. 25 The Supervisory Role of The Councils 2) Five Members can submit a written request to have a formal questioning session with any Cabinet Minister on specific issues related to that ministry. This could lead to impeachment. 3) Members can submit written requests to the Government requesting actions on matters of public interest. The Government can either comply or indicate in a written response its inability to do so. 26 Voting System in Bahrain Bahrain is divided into five main GOVERNORATES: 1. 2. 3. 4. 5. Capital Muharraq Central Northern Southern Candidates from each governorate: both (men and women) can submit their names for elections in accordance with specific rules: personal data (age / qualifications etc) Each candidate can start his own election campaign on the specific date designated by H.M, the King. 27 Voting System in Bahrain No Official Media covers any specific candidate ‘s campaign. Specific dates are set for elections in all governorates and election takes place under strict supervision. Nationals (both men and women) of the age of 20 years and above can vote in their governorates. Polling of results is done on the same day under strict supervision. A second round of elections is set for candidates with close results. Final results are announced at the close of the second round of elections. 28 Any questions ? 29
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